Lawyers seeking release of Mueth documents back in court Aug. 8

July 24--CLAYTON -- Attorneys for the ACLU, St. Louis County and the U.S. Justice Department are scheduled to return to a county circuit courtroom Aug. 8 to resume arguments over the release of an FBI report into a $3.4 million county health department embezzlement.

The ACLU of Missouri is claiming St. Louis County is bound by the Missouri public records statute, known as the Sunshine Law, to provide the public with a forensic audit documenting the financial details of the fraud.

Deputy St. Louis County Counselor Robert Grant reiterated at a court hearing Wednesday that the county is willing to share the report with the media and public but has been prohibited from doing so by directives from the federal government.

It is the ACLU's position the report lost its protection as an investigatory document when it passed from law enforcement into the hands of St. Louis County government.

"When the FBI handed over the report it presumably knew what the law was and that made it an open record," ACLU Legal Director Anthony Rothert told reporters following an hour-long hearing in front of St. Louis County Circuit Court Judge David Lee Vincent III.

Vincent earlier allowed the intervention of the U.S. Justice Department in the case.

At issue is the public release of an audit conducted by the FBI at the behest of the St. Louis County Police Department into the financial records of Edward Mueth, a health department official who established a corporation that filed bogus invoices that showed the company was selling the agency computer equipment and technical services over a period of six years.

The health department only received $60,000 in laptops from Mueth's firm, Gateway Technical Solutions.

Mueth pocketed the remainder of the proceeds and purchased a $1.5 millionWebster Groves mansion landscaped for an additional $200,000, a $100,000 firearms collection, expensive cars and other luxury items.

Mueth committed suicide last September after employees in the health department finance office brought the embezzlement to the attention of county officials.

Vincent set an Aug. 4 deadline for the federal government and county to file briefs in the case and asked the parties to return to his courtroom four days later for further discussions on the matter.

The next hearing would come three days after the Aug. 5 primary election for county executive. The county's failure to release the FBI investigation has become an issue in the Democratic race between County Executive Charlie Dooley and County Councilman Steve Stenger.

Grant said the county is proceeding with attempts to recoup a portion of the money appropriated by Mueth.

While a county insurance policy will cover $1 million of the loss, Grant said it remains unclear how much the county will ultimately regain.

General assignment reporter Steve Giegerich covers St. Louis County. On Twitter @stevegiegerich

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