Melissa Root, one of the persons who was paid up to $10 per name to collect signatures in recent recall efforts against Councilwoman Dottie Greer and Councilman Mark Brown recently invoked the Fifth Amendment during a sworn deposition.
Root, represented by a Criminal Defense Attorney refused to answer any questions regarding the collection of signatures on recall petitions. The refusal was made on the advise of her attorney.
When questioned by St. Charles City Attorney Mike Valenti, Root refused to answer. Her criminal defense attorney Mike Kielty told Valenti, “She has invoked her rights as to any and all questions on her behalf as her counsel, she does not have to say anything. She does not have to invoke her rights, her rights have been invoked by me, I’m acting as counsel. This is tantamount to her sitting next to me at a criminal defense table and the State trying to get her to take the stand.
Attorney Eric Tolen, special counsel to the City Council raised what he said was a conflict of interest in Kielty representing Root. Tolen said, “I believe there’s a conflict of interest in that Mr. Kielty has indicated and has entered his representation of the Relator (Linda Meyer) here and now is, in fact, representing one of the witnesses to this matter in a potential criminal matter. And I think that that, in and of itself, is a conflict of interest which would necessitate a removal of either Mr. Kielty in this matter or in the matter with regards to representation of Ms. Melissa Root in any criminal matter.” The Commissioner said that matter would have to be taken up before Judge House.Valenti asked Root if each and every signature contained on a petition for recall she had signed and had notarized if she observed the person who had signed that petition for recall affix their signature to the petition for recall. Kielty answered Fifth. Valenti asked Root if on each and every occasion in which a person affixed their signature to the petition for recall if she observed them physically affix their signature to that petition for recall. Kielty answered, Fifth. On each and every question Valenti presented to Root, Kielty answered Fifth. The Fifth Amendment provides that a person cannot be made to testify to any matter that could be used for criminal prosecution against themselves. The lawsuit was dropped by the Empowerment Committee before this information could be presented before a judge to make a determination.
Councilman Mark Brown complained, “How could you accept the petitions from a person who would not acknowledge whether she forged the signatures or if she even got the signatures at all. It would seem to me if you were going to turn in petitions you would have to testify that you got the signatures legally and if they can’t do that then they should not be accepted at all. In the City of St. Louis they would go to jail. In St. Charles it appears that everyone thinks it is okay.”
