Renee Breen doesn’t trust the judicial system in Iron County.
It’s easy to understand why. In March, the sheriff and two of his deputies in this southeast Missouri community were arrested and charged with “criminal street gang activity,†in an alleged plot to help a friend in a custody dispute.
Attorney General Andrew Bailey is now trying to remove the sheriff, Jeff Burkett, from office — something the local prosecutor also tried to do shortly after Burkett’s election.
Burkett and his deputies have pleaded not guilty. Their attorneys allege others in the judicial system are out to get them. It’s quite a mess.
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Three months before those men were arrested, Breen found herself in the jail they used to run. The 63-year-old got in a spat with a man with whom she was living in a trailer. She was drinking. There was some pushing and shoving. A door was broken. The sheriff’s office was called.
According to the police report, she was put in the Iron County Jail for “12 hour safe keeping†because of her “intoxicated state.†In other words, she wasn’t arrested. She wasn’t charged with a crime.
To call the Iron County facility a “jail†is a stretch. It’s more like a “d³Ü²Ô²µ±ð´Ç²Ô,†Breen says.
It’s been that way for a long time, with limestone walls that date to the 1800s, little sunlight, leaks, black mold and bat guano. It’s a Civil War-era facility that is hot in the summer, cold in the winter and is finally due an infusion of money from the budget that the Missouri Legislature passed this year.
“I just stood in the corner for hours and hours,†Breen remembers. “There was nowhere to sit.â€
After 12 hours, after she had sobered up, Breen was still in jail. In fact, she was there for days. That’s because, according to the police report, a deputy and a jailer decided to go through her purse “looking for a set of car keys.†The report doesn’t say why they were looking for the keys, or whether they asked Breen’s permission to dig through her purse. But it alleges they found a container with “methamphetamine†in it.
Breen says there’s no way that’s true. She owns up to her drinking. She has a medical marijuana card. “I don’t do drugs,†she says.
Breen was charged with felony drug possession. She spent almost two weeks in the dungeon before her public defender could get the judge to let her out on a personal recognizance bond. The public defender, Ayla Chadbourne, also filed a motion to suppress the evidence, which she argues was obtained without due process in an “unlawful†search.
“Defendant did not consent to the search or seizure and any alleged consent was not voluntary and understandingly and knowingly given,†the motion reads. “The items seized were not in plain view and the seizing officers were not at a place the officers had a legal right to be.â€
The case highlights a constant problem in our nation’s legal system, in which people with money can get different results than people of lesser means. Wealthy people, or those who know somebody in the system, don’t often end up in jail in these situations. Once you’re in jail, bad things can happen.
Breen is one of those people of lesser means. She’s bounced around from state to state — Nebraska, Colorado, California, Missouri. She had been working as a fry cook in Caledonia.
By the time she got out of jail, she had no place to live and no job. Her daughter in Texas sent her a train ticket. That’s where Breen was when we spoke, and that’s what her current problem is, even in a case that appears to be a slam-dunk loser.
In Iron County, and many rural counties in Missouri, it’s common practice for a judge to require weekly drug testing for defendants on pre-trial release, often through a private, for-profit probation company. In this case, Breen was told to come to the Iron County Jail every Monday to be drug tested.
By the time the first Monday came, she was in Texas. Now there’s a warrant out for her arrest.
Her public defender has told her that they might be able to get the charges dismissed but Breen first has to come back to Iron County.
“Who in the hell wants to be 63 years old and have a warrant out for your arrest in another state?†Breen says. “But I had to run, man. I had no other choice. I had nowhere to go.â€
The prosecutor, of course, could drop the charges. The judge could rule on the motion to suppress and wipe the case away. But none of that probably happens if Breen doesn’t come back to Iron County and turn herself in — where she believes she will end up in the dungeon again, for however long it takes for justice to occur in a place that sometimes lacks it.
“I’m not a nefarious person,†Breen says. “I know I probably have to come back at some point, but I just don’t trust anybody in that county. This has ruined my life. It’s been a nightmare that won’t end.â€
A loose dog, an ordinance violation and fines she couldn't afford led to jail time for an Iron County, Missouri, woman. Then a local lawyer spoke up for her.Â
Yuma Territorial Prison is a relic of another time. Or is it?
Jailed for being poor is Missouri epidemic: A series of columns from Tony Messenger
Tony Messenger has written about Missouri cases where people were charged for their time in jail or on probation, then owe more money than their fines or court costs.Â
The Pulitzer Prize board considered these columns when it decided to award the prize for commentary to metro columnist Tony Messenger.Â
In a twist of irony, one judge no longer calls them “payment review hearings.†Instead, he’s even more direct. Now they are called “debt colle…
“The jail is emptying out. People that do come in are able to bond out quickly. None of the girls here are being held for financial reasons. T…
In a case of civil contempt — such as when a judge jails a reporter for not revealing a source, or an attorney for failing to follow an order …
Even with the state’s top court making progress in eradicating the practice of putting people in jail because they can’t afford to be in jail,…
“There are a pile of cases where people owe us money,†the judge told the defendant, a painter, who said he was having a hard time finding wor…
No longer, the court said in one voice, can judges in Missouri threaten indigent defendants with jail time for their inability to be able to a…
Disparate treatment of people charged with crimes offers a glimpse into a fundamental problem in the application of criminal justice in Missou…
Weiss wants the Legislature to make it illegal for counties to charge defendants for their time behind bars.
“How can they cancel a court date then issue a warrant without even telling you the new court date?†Sharp wonders.
His bill would stop the practice in ÁñÁ«ÊÓƵ of state police agencies avoiding state jurisdiction by seeking asset forfeiture under guise of f…
"He sat in jail because he was poor," public defender Matthew Mueller said of his client.
The two defendants are Exhibits A and B of why Missouri has become the front line in a national war on poverty and the courts.
She knows what she did was wrong. She knows she should have been punished.
“It's been a hard road,†she told me recently. “Really hard.â€
For decades, Missouri’s corrections budget has been rising. So has its prison population, with a “tough on crime†philosophy filling prisons w…
“We’re hamstringing the very people who we want to go out and get a job,†Lummus says. “It’s self-defeating.â€
In his regular appearance on the McGraw Milhaven show on KTRS radio, Metro columnist Tony Messenger discusses his ongoing debtors' prison series.
He did his time. Then he got the bill: $3,150 for his stay behind bars.
A year-end update on some of the cases Tony Messenger wrote about during 2018.
The primary difference between the poor people who have been “terrorized†in Edmundson or Jennings or Ferguson, compared with those in Salem a…
The Court of Appeals in the Western District of Missouri determined that the practice of using the courts to try to collect board bills is ill…
Some counties in Missouri don't charge board bills. Those include the most urban counties in the state: both the city and county of St. Louis,…
I did my time and then some. This is how they get people. They keep them on probation and then if they don't pay their board bill they violate…
By 2009, Rapp was behind in her payments and the court revoked her probation. She did a couple of days in jail and her cash bond of $400 was a…
Every week in Missouri, a judge somewhere holds a crowded docket to collect room and board from people who were recently in jail. The judges c…
“I don’t see why he has to keep going to court every month,†she says. Sharon uses her Social Security income to try to keep him out of jail. …
Because Precious Jones was late to jail, prosecutor and judge seek to add to her sentence.
The Missouri Supreme Court and Missouri Legislature should revisit their 2015 and 2016 efforts to reform courts. More work is necessary.
Other than now being required to meet federal standards for that drug testing, private probation companies face nearly no oversight in Missour…
“I messed up on probation,†he says. “It was my fault.†Still, he doesn’t think it makes sense that he’s still hauled to court once a month wi…
Murr owed Dent County about $4,000 for her “board bill†for the 95 days she had been jailed.
The domestic violence victim, Gaddis says, wouldn’t make a report to police because she feared going to jail herself and losing her child.Â
“They make you jump through hoops,†Bote says, “and then they keep moving the hoops higher.â€
William Everts stole from a church. Almost immediately, he knew it was a bad idea.
Bergen has the sort of back story that would inspire one of the movies or television episodes based in the Ozarks that seem to be all the rage…
Clark ended up spending 495 days in county jail awaiting a trial that still hasn’t come.
Pritchett first called me last year, after I wrote about a St. Francois County woman who was sent to prison for failing to pay court costs. He…
Rob Hopple had been in jail since May after falling behind on payments on an ankle bracelet. Court dates kept coming and going, with the prose…
The bills are that high because the two criminal defendants couldn’t afford to pay for an initial sentence behind bars for relatively minor of…
“The practical reality is that people are being arrested for being poor,†Mueller says. “And there’s nothing they can do about it. They just s…
At least twice in recent years, the Missouri Supreme Court has overturned harsh sentences issued by a judge after she sent people to prison so…
Branson, in early 2018, was in Desloge, Mo., now, living with her 15-year-old son, checking in with her parole officer, hoping never to go bac…
Officially, Victoria Branson’s probation was revoked because she never paid the state the past due support and the court costs, which rang up …
Lori Ann Stuehmeyer spent 3 days in jail in Iron County for a loose dog case. She lives on disability income and couldn't afford the fines and fees.