Federal court backs prosecutor in Victoria's Bridal case

This Oct. 29, 2014 file photo shows Cole County Prosecuting Attorney Mark Richardson in court.
This Oct. 29, 2014 file photo shows Cole County Prosecuting Attorney Mark Richardson in court.

Federal Judge Nanette Laughrey on Monday upheld Cole County Prosecutor Mark Richardson's decision to return tuxedos to a formal wear company - even before he had charged a Jefferson City business owner with their theft.

After a trial in April 2015, Cole County Circuit Judge Dan Green found Ann Metternich guilty of felony stealing for failure to return tuxedo coats and pants she had ordered from the Minnesota-based Anderson's Formal Wear company to be used as temporary rentals to customers.

The tuxedos were seized from the business by Jefferson City police and had been identified as clothing Anderson's had sent to Metternich's Victoria's Bridal and Formal Wear, formerly located at 722 Jefferson St., but had not been returned as required by the Anderson's contract.

Even before a grand jury in October 2011 indicted Metternich with stealing property valued between $500-$25,000, Richardson in April 2011 ordered the tuxedos returned to Anderson's, telling the court "there are no known claims against" the clothing items.

Metternich, who owned Victoria's Bridal from 2000-14, argued during her 2015 trial she and not Anderson's owned the tuxedos and, therefore, could not have stolen them.

But Green issued his guilty verdict and, in December 2015, fined Metternich $1,600 - the approximate value of the tuxedos.

Last December the state appeals court reduced Metternich's conviction to a misdemeanor - but didn't erase the conviction - and her appeal currently is pending in the state Supreme Court.

Meanwhile, in March 2016, she sued Richardson in federal court for violating her constitutional due process rights - by returning the tuxedos without first holding a hearing - and sought money damages from Richardson.

In an 18-page order detailing the legal arguments raised in the federal case, Laughrey found Richardson's order to return the tuxedos was made under a state law, Metternich's rights weren't violated, Metternich had presented no evidence she had paid for the tuxedos, and she had not filed any written claim the tuxedos were hers before they were sent back to the company.

Additionally, Laughrey ruled, Richardson's order to return the tuxedos was based on the specific case and wasn't part of a general policy in his office.

And, the judge said, state law has a procedure Metternich could have used without taking the case to federal court.