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Tipton alderman upset over handling of drug cases
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By Ra'Vae Edwards
redwards@newstribune.com
TIPTON, Mo. - Allegations made by Tipton Alderman Joe Lutz after a council meeting in April resulted in a heated discussion Monday at City Hall.
Lutz last month made public allegations that Moniteau County Prosecutor John Kay, along with others in the judicial system, apparently were not doing their job because, Lutz said, “countless” drug arrests were being reported in local newspapers, but names of those arrested are not included.
He said he does not see any convictions listed in the court news published by the local newspapers each week.
Associate Circuit Judge Peggy Richardson told Lutz and the more than 40 citizens attending the meeting that she was unaware of the cases to which Lutz was referring.
“Are there drugs in the city of Tipton? Of course. I am not naive enough to think there are not drugs in this town, but do I think there is a serious problem? No,” Richardson said. “If Mr. Lutz would like to share with us these people he says have been arrested ‘countless' times, I will be the first to be educated and quite frankly surprised because I am not aware of anyone who has been arrested ‘countless' times - and that is the quote that was in the paper - and nothing has been done.”
Richardson said she believes law enforcement officers are working hard to curb the drug problems throughout the county.
“I think we are doing all we can to combat the drug and alcohol problem we have in town,” said Richardson, who also serves as the municipal judge for Tipton's city court.
Kay also said he was unsure which cases Lutz was speaking about when he made his comments.
“It came to me as a shock that Mr. Lutz was saying he was reading that ‘countless' people are being arrested time after time and not being prosecuted in this county,” Kay said.
“These allegations were made directly against me - that I am not doing my job. I want you to come up with the facts. In the business I am in, I deal with the facts.”
Lutz said he has read about numerous drug arrests in Tipton but because names are not released, he, along with the citizens of Tipton, have the perception that nothing is being done to the suspects who are manufacturing, distributing and importing drugs, mainly methamphetamine.
“We see them arrested and you hear about it, yet no names are ever released,” Lutz reiterated.
Kay explained his office and the court don't issue news releases, so he could not speak about that. However, he explained, an arrest does not automatically lead to the filing of charges.
When a controlled substance is seized, Kay explained, it is delivered to the Highway Patrol lab in Jefferson City to be analyzed to determine its exact nature.
“We cannot, just because we see white powder in a bag, automatically go out and file charges,” Kay said. “It would be irresponsible for us to do that.
“In many cases, when things have to go to the lab, we take no further action until we get that report back. That could take anywhere from two to nine months. We do not bring a charge until we have that report.”
Kay also explained that people who are charged with a crime have the right to a speedy trial. Once that person makes a formal request, the prosecution has 180 days to get the case to trial. If the lab report is not back within that 180 days, the charges will not stand.
Kay said it would be helpful if there were more labs available to perform tests on the substances that are seized.
“It is the Legislature ultimately that controls the funding for these labs,” Kay said. “If they don't appropriate enough money to have personnel there to do it, we just have to wait our turn.
“There are private labs, but these private labs charge a great deal of money to have someone go to court to testify and we simply don't have the funds to do that.”
Lutz last month made public allegations that Moniteau County Prosecutor John Kay, along with others in the judicial system, apparently were not doing their job because, Lutz said, “countless” drug arrests were being reported in local newspapers, but names of those arrested are not included.
He said he does not see any convictions listed in the court news published by the local newspapers each week.
Associate Circuit Judge Peggy Richardson told Lutz and the more than 40 citizens attending the meeting that she was unaware of the cases to which Lutz was referring.
“Are there drugs in the city of Tipton? Of course. I am not naive enough to think there are not drugs in this town, but do I think there is a serious problem? No,” Richardson said. “If Mr. Lutz would like to share with us these people he says have been arrested ‘countless' times, I will be the first to be educated and quite frankly surprised because I am not aware of anyone who has been arrested ‘countless' times - and that is the quote that was in the paper - and nothing has been done.”
Richardson said she believes law enforcement officers are working hard to curb the drug problems throughout the county.
“I think we are doing all we can to combat the drug and alcohol problem we have in town,” said Richardson, who also serves as the municipal judge for Tipton's city court.
Kay also said he was unsure which cases Lutz was speaking about when he made his comments.
“It came to me as a shock that Mr. Lutz was saying he was reading that ‘countless' people are being arrested time after time and not being prosecuted in this county,” Kay said.
“These allegations were made directly against me - that I am not doing my job. I want you to come up with the facts. In the business I am in, I deal with the facts.”
Lutz said he has read about numerous drug arrests in Tipton but because names are not released, he, along with the citizens of Tipton, have the perception that nothing is being done to the suspects who are manufacturing, distributing and importing drugs, mainly methamphetamine.
“We see them arrested and you hear about it, yet no names are ever released,” Lutz reiterated.
Kay explained his office and the court don't issue news releases, so he could not speak about that. However, he explained, an arrest does not automatically lead to the filing of charges.
When a controlled substance is seized, Kay explained, it is delivered to the Highway Patrol lab in Jefferson City to be analyzed to determine its exact nature.
“We cannot, just because we see white powder in a bag, automatically go out and file charges,” Kay said. “It would be irresponsible for us to do that.
“In many cases, when things have to go to the lab, we take no further action until we get that report back. That could take anywhere from two to nine months. We do not bring a charge until we have that report.”
Kay also explained that people who are charged with a crime have the right to a speedy trial. Once that person makes a formal request, the prosecution has 180 days to get the case to trial. If the lab report is not back within that 180 days, the charges will not stand.
Kay said it would be helpful if there were more labs available to perform tests on the substances that are seized.
“It is the Legislature ultimately that controls the funding for these labs,” Kay said. “If they don't appropriate enough money to have personnel there to do it, we just have to wait our turn.
“There are private labs, but these private labs charge a great deal of money to have someone go to court to testify and we simply don't have the funds to do that.”
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