Alfred Montgomery is still sheriff — for now. A judge on Friday denied an attempt by the Missouri attorney general's office to remove the St. Louis sheriff from office before the start of his federal trial.
Judge Steven Ohmer held a status hearing on the attorneyh general's removal case Friday. He dismissed the motion, saying the charge against the sheriff was "bizarre" and "very unusual."
The federal charge against Montgomery is a misdemeanor.
"I just don't think that this rises to that level," Ohmer said.
The trial is scheduled to begin Nov. 18.
State lawyers filed a motion Thursday evening asking the courts to reconsider a motion to remove Montgomery from office, pending the resolution of the case because of the indictment charging the sheriff with violating then-acting jail director Tammy Ross' civil rights when he had her handcuffed during a February incident.
Montgomery's bond prohibits him from carrying a gun. He also isn't allowed to speak with witnesses or victims in the case, which may include some sheriff's deputies. Lawyers for the state argued that the bond severely restricts the execution of Montgomery's duties as sheriff.
Ohmer said there have been previous sheriffs who didn't carry weapons.
The sheriff is still able to perform his duties, and there are only a couple of people out of the approximately 150 workers at the sheriff's office that the sheriff will be barred from speaking with, said David Mason, a retired judge who is one of Montgomery's lawyers.
"We've got plenty of people down the line who can manage things and keep all of that effectively under control," Mason said.
The attorney general's office filed a quo warranto against the sheriff in June. It included six counts, including allegations that Montgomery kidnapped Ross, disarmed a former sheriff's deputy, misused public funds, had sheriff's department workers drive his children to school and refused to transport detainees to the hospital.
State lawyers also accused Montgomery of nepotism for hiring a half brother. The office dropped the charge Thursday after Montgomery's lawyers filed a motion that cited a paternity test that showed the deputy had a different father.
Other legal issues Montgomery faces include a civil lawsuit by Ross and a suit from a former sheriff's deputy who was fired by Montgomery and is suing for defamation.
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