Both the City and the Sheriff's attorneys called witnesses in a hearing that felt like a bench trial.
Sheriff Alfred Montgomery's legal time filed the lawsuit and are asking for a temporary restraining order to block a law requiring they transport detainees from the City Justice Center in need of medical care.
The City countersued and filed their own motion for a temporary restraining order, asking the judge to force the sheriff to take over the practice they argue he should have been doing all along.
Montgomery's legal team called Sheriff's Colonel Yosef Yasharaala who testified he oversees operations and is in charge of scheduling. He says they do not have the man power to both properly protect the courts and transport detainees in need of medical care and irreparable harm would be done if they are required to resume transporting detainees.
Former Sheriff Vernon Betts was in attendance for the hearing, called to testify by the City. Before his testimony, Betts says it is possible to do both.
"You get together with your team and then you set up your budget, and then you know how many people you need and how much money it is going to cost you to run that unit for that year."
Attorneys for Sheriff Montgomery argue the city requiring them to transport detainees is an unfunded mandate, saying previous sheriff administrations only agreed to assist in transporting detainees but were not required to by law. Former Sheriff Vernon Betts says he understood things differently during his time.
"I always thought it was something we were required to do," said Betts, conceding he hasn't looked at the laws on the books. He adds "We did it when I was a sheriff deputy, we did it when I was a sheriff... whether its required by law or not, it's something that has to be done."
Montgomery's attorney, former Judge David C. Mason, was disappointed he was unable to submit a letter into evidence from the hearing, signed by Betts's predecessor, the late Jim Murphy. He tells KMOX the letter "speaks directly to the issue in front of the court," showing Murphy asking the city for a budget increase to hire more deputies and in exchange he will provide all medical transport from the jail. Mason says his request was denied.
The City also called Deputy Jail Commissioner Tammy Ross, who testified the staffing issues at the jail have been exemplified by the responsibility to transport detainees falling to them. The City argued this was the real irreparable harm being done in real time.
Mason questioned the reliability of Ross and Betts's testimony, attacking Ross on her experience and Betts on his failed reelection campaign where he lost to Montgomery in a closely contested democratic primary. Ross was also briefly detained by Montgomery, which the sheriff was recently indicted on by federal prosecutors. This incident is also one of the counts against Montgomery in the Attorney General's attempt to remove him from office.
Mason also attacked the job Betts did as sheriff, pushing back against his claim he was keeping the courthouse safe while transporting detainees.
"Safety and security of the court buildings is job one and he was falling behind on that. How was he falling behind? Like he said, moving people around to try to make something work."
The judge has taken both temporary restraining orders under consideration.