Depositions blocked in Patrol discipline case

Missouri Highway Patrol Sgt. Randy Henry's request to take two depositions will be argued in a Cole County court on Sept. 22 - just six days before his Patrol disciplinary hearing.

Presiding Circuit Judge Patricia Joyce will review the depositions request after Circuit Judge Dan Green issued a "temporary order" blocking subpoenas for the depositions of Osage County Prosecutor Amanda Grellner and her son, Garrett.

Henry's attorney, C. John "Chet" Pleban of St. Louis, has said Henry was demoted for "misconduct," but the Patrol has not released its formal complaint against the 29-year law enforcement veteran.

Pleban has argued for several months that patrol officials want to silence Henry because he has complained about the agency's handling of the investigation into the drowning of Iowa native Brandon Ellingson, 20, at the Lake of the Ozarks. Henry also has raised questions about the training former patrol road officers received before being assigned to water duties.

Pleban has called Henry a "whistleblower" protected by Missouri law - a claim the attorney general's office has denied while representing the Patrol.

During an Aug. 21 pre-hearing in the disciplinary case, Pleban said the Patrol began its case against Henry based on a complaint from Amanda Grellner - who was named a special prosecutor in the Ellingson case last year, then removed herself from it last March, citing a "conflict of interest" she never has explained publicly.

Pleban has argued the conflict involved the Patrol's incomplete investigation into 2012 accusations by an unnamed 14-year-old Linn girl that Grellner's son had raped her - and that Grellner's decision last year not to seek criminal charges in the Ellingson case may have been a return favor to the Patrol.

Grellner had re-opened the Ellingson case last January before recusing herself.

In a motion filed Friday asking the Cole County circuit court to block Pleban's subpoenas for Amanda and Garrett Grellners' depositions, Jefferson City attorneys Michael Berry and Chris Rackers wrote: "The allegations of discipline made by the Highway Patrol against Henry do not have any relationship to the 2012 investigation, nor was Henry even involved in the 2012 Highway Patrol investigation.

"Any deposition questions asked of either (Grellner) relating to the 2012 investigation regarding these uncharged allegations are completely irrelevant and immaterial to the issues surrounding Henry's disciplinary proceeding with the Highway Patrol."

The lawsuit said the Grellners "have no reason for believing Henry was disciplined due to any uncharged allegations made against Garrett Grellner, nor was he disciplined in any way for any involvement in that investigation."

In addition, they said, Amanda Grellner -as Osage County's elected prosecutor - is prohibited by state law from testifying "regarding these uncharged allegations (from 2012)."

Rackers and Berry argued the court should order any deposition taken of Amanda Grellner be limited to her knowledge of the events in the discipline of Henry. They also said there's no good, legal reason to question Garrett Grellner about anything related to Henry's discipline.

Berry told the News Tribune that Pleban "couldn't be reached or didn't respond to two emails and at least one call asking him to participate on Mr. Henry's behalf," so he and Rackers asked for the temporary order and court hearing.

"We'll gladly have the matter heard and resolved well before that if possible," Berry said.

Pleban couldn't be reached for a comment.