Embattled Prosecutor Resigns

7 years 2 months 3 days ago Thursday, March 24 2011 Mar 24, 2011 Thursday, March 24, 2011 11:49:00 AM CDT March 24, 2011 in News
By: David Earl
loading

MONTGOMERY CITY - Embattled prosecutor Lee Elliott no longer serves his elected position in Montgomery County. He resigned his post late Tuesday. On Thursday March 17, 2011, the Attorney General's office filed a petition in the Montgomery County Circuit Court to permanently remove him as the prosecuting attorney of that county. That petition came after the revelation that Elliott defended a client in Montgomery City Municipal Court for a traffic violation on March 7, an action that a prosecuting attorney cannot take in the jurisdiction where he or she serves.

KOMU first reported this story one week ago when a Montgomery County Circuit judge enjoined -- or temporarily barred -- Elliott from trying cases as a prosecutor. A February 16, letter from the Attorney General's office to Elliott obtained by KOMU reads, "Our office was appointed special prosecutor for Warren County to investigate possible criminal conduct that involves you in your role as prosecutor...cause exists to proceed with criminal charges."

That letter came as the result of an investigation into Elliott representing Kenneth Fred Pickens in a misdemeanor criminal case in Warren County, while he served as interim prosecuting attorney of Montgomery County. Elliott resigned from that interim post in a letter dated December 14, 2010, the same day he appeared in court for Pickens. The Montgomery County Clerk received and filed the resignation letter eight days later, on December 22, 2010.

"We felt since it occured before, and after he was on notice he chose to enter his appearance as a defense attorney in court again, that we weren't getting through to him," said Deputy Attorney General Joe Dandurand. "A prosecutor elected to represent the state cannot appear as a defense attorney in any criminal proceedings."

Part-time prosecutors, such as the post in Montgomery County, can represent clients in civil cases. They can even represent entities such as municipalities and school boards.

Elliott did just that by serving as the city attorney for Bellflower, a town of about 400 in Montgomery County. But he didn't escape conflict of interest in that position either. Elliott signed the papers as prosecutor in the case of Lenny Gott, an alderman from Bellflower accused of cooking meth. While prosecuting that case, he was technically a legal advisor to the Bellflower city council, including Lenny Gott.

"Any time there's an appearance of impropriety, the lawyer has an obligation to remove himself from that situation and have someone else appointed to do that job or not pursue it themselves," said Dandurand.

The Attorney General's office plans on withdrawing the petition this week because of Elliott's resignation. Mike Wright, the prosecuting attorney from Warren County, will serve as special prosecutor for Montgomery County until Governor Nixon appoints a replacement.

Lee Elliot Resignation

Related Stories

More News

Grid
List
COLUMBIA - Iowa, Florida, Michigan and Virginia are just a few of the home states visitors traveled from for the... More >>
58 minutes ago Sunday, May 27 2018 May 27, 2018 Sunday, May 27, 2018 3:56:00 PM CDT May 27, 2018 in News
OSAGE BEACH - A car drove through a clothing store at a popular shopping outlet on Sunday. 88-year-old Freida... More >>
3 hours ago Sunday, May 27 2018 May 27, 2018 Sunday, May 27, 2018 1:18:00 PM CDT May 27, 2018 in Top Stories
COLUMBIA - The Salute to Service air show at Columbia Regional Airport today started off with some trouble. A... More >>
4 hours ago Sunday, May 27 2018 May 27, 2018 Sunday, May 27, 2018 12:16:00 PM CDT May 27, 2018 in Top Stories
BRUNSWICK - Some might think small towns around mid-Missouri are fading away, but Brunswick is very much the opposite, thanks... More >>
5 hours ago Sunday, May 27 2018 May 27, 2018 Sunday, May 27, 2018 11:15:00 AM CDT May 27, 2018 in News
LAKE OF THE OZARKS - Alec J Potthoff, a 20-year old Iowa native was seriously injured after two boats collided... More >>
6 hours ago Sunday, May 27 2018 May 27, 2018 Sunday, May 27, 2018 10:27:00 AM CDT May 27, 2018 in Top Stories
(AP) — Joshua Holt, a Utah man who traveled to Venezuela in 2016 to marry a woman he met... More >>
6 hours ago Sunday, May 27 2018 May 27, 2018 Sunday, May 27, 2018 10:02:00 AM CDT May 27, 2018 in News
LAKE OF THE OZARKS - In the midst of high gas prices on Memorial Day weekend some boaters have decided... More >>
16 hours ago Sunday, May 27 2018 May 27, 2018 Sunday, May 27, 2018 12:46:00 AM CDT May 27, 2018 in News
BUNCETON- A new fire station is now ready for action in Cooper County. On Saturday, people gathered to celebrate... More >>
19 hours ago Saturday, May 26 2018 May 26, 2018 Saturday, May 26, 2018 9:06:00 PM CDT May 26, 2018 in Top Stories
COLUMBIA - After a disappointing season capitalized by missing the postseason SEC Tournament it was hosting, Missouri softball will have... More >>
20 hours ago Saturday, May 26 2018 May 26, 2018 Saturday, May 26, 2018 8:03:00 PM CDT May 26, 2018 in Sports
COLUMBIA- The neighborhood of Ridgefield Road and Wood Hill Road are on high alert after a series of break in's... More >>
21 hours ago Saturday, May 26 2018 May 26, 2018 Saturday, May 26, 2018 7:18:00 PM CDT May 26, 2018 in News
BOONVILLE - Hundreds of cyclists were traveling from Columbia to Boonville for the 10th annual Pedaler's Jamboree. The event... More >>
23 hours ago Saturday, May 26 2018 May 26, 2018 Saturday, May 26, 2018 4:59:00 PM CDT May 26, 2018 in News
COLUMBIA - In August 2017, Michael Stephenson moved into his new town home at Aspen Heights for the new school... More >>
1 day ago Saturday, May 26 2018 May 26, 2018 Saturday, May 26, 2018 4:43:00 PM CDT May 26, 2018 in News
COLUMBIA - Open pools means play time for many people in Columbia but Parks and Recreation is still hard at... More >>
1 day ago Saturday, May 26 2018 May 26, 2018 Saturday, May 26, 2018 4:42:00 PM CDT May 26, 2018 in News
JEFFERSON CITY - Seven people die every day due to house fires. The American Red Cross is teaming up with... More >>
1 day ago Saturday, May 26 2018 May 26, 2018 Saturday, May 26, 2018 4:30:00 PM CDT May 26, 2018 in News
INDEPENDENCE - The 87-year-old Independence man reported missing Friday has been reported safe. The Missouri State Highway Patrol cancelled... More >>
1 day ago Saturday, May 26 2018 May 26, 2018 Saturday, May 26, 2018 4:29:00 PM CDT May 26, 2018 in News
COLUMBIA - Thousands of people withstood the heat Saturday to support the U.S. armed forces and honor veterans at the... More >>
1 day ago Saturday, May 26 2018 May 26, 2018 Saturday, May 26, 2018 3:02:00 PM CDT May 26, 2018 in News
LAKE OZARK - For those heading to the lake Memorial Day weekend, Saturday morning is the first day of a... More >>
1 day ago Saturday, May 26 2018 May 26, 2018 Saturday, May 26, 2018 9:00:00 AM CDT May 26, 2018 in News
(CNN) -- The counting of votes was underway Saturday following Ireland's referendum to lift the... More >>
1 day ago Saturday, May 26 2018 May 26, 2018 Saturday, May 26, 2018 6:43:00 AM CDT May 26, 2018 in News
Columbia, MO
Broken Clouds 93°
5pm 86°
6pm 87°
7pm 85°
8pm 85°