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  • BODY OF EVIDENCE

    The window tables at the Casa Gallardo restaurant on St. Charles Rock Road don’t ordinarily offer much of a view — a couple of bushes and a yucca plant surrounded by rocks in a small landscaped strip. But around noon one steamy Thursday, two TWA flight attendants walked in for lunch and were seated at the window table overlooking the bushes. Something caught their attention amid the greenery, peeking out from beneath the yucca plant.

    It was a human skull.

    It wasn’t the pearly color of an anatomy-class specimen or haunted-house prop. It was a shade of ocher, with bits of dirt lodged between its teeth. The face of the skull, jawbone askew, was aimed directly at the window on the building’s east side.

    Whether the flight attendants ever finished their lunch is unclear. The discovery was so startling and strange, one of the women thought it must be a prank. She called the manager over and pointed it out. Worried that other patrons might lose their appetites, the manager immediately pulled down the blinds, then called the Bridgeton police. It was 12:47 p.m. on June 28, 1990.

    It wasn’t a prank. Within the hour, crime-scene investigators were taking photographs, and the skull was sent to the St. Louis County medical examiner’s office. An anthropologist concluded that the bones were of “recent origin” and bore markings more consistent with an adult female than a male. Not much more could be determined.

    Walter Mutert, now Bridgeton’s police chief, remembers that the source of the skull was a mystery. At the time, a lot of digging was going on near Lambert International Airport, including the wholesale moving of cemeteries to make way for MetroLink, he notes. “There were problems with that airport cemetery, with remains coming up.

    “There was no reason to believe at that time there was any foul play,” Mutert says. “There was nothing for us to go by.”

    Police classified the case as “found human remains.” The cranium and jawbone were stored on a shelf at the county morgue, a skull with no name.

    In the 5-by-7-inch photograph, 27-year-old Linda Sue Sherman grins at the camera. Her head is cocked to the side, and her brown hair has the sort of long, layered look so popular in the mid-1980s. She’s wearing a blue turtleneck with eyeshadow to match.

    She was born in 1957 and spent her entire life in North St. Louis County, growing up on Dadebridge Court in Ferguson and attending McCluer High School, never straying far from the area she called home. Outgoing and athletic, Linda was the youngest daughter of Walter and Elenora Lutz — carpenter and homemaker — a churchgoing couple determined to see each of their children receive at least a high-school diploma.

    Linda almost didn’t graduate. She was 17 and pregnant when she exchanged vows with McCluer High classmate Donald Sherman during a small ceremony at Christ Memorial Baptist Church in Cool Valley on Feb. 10, 1975. The wedding wasn’t fancy. Linda wore a blue dress with a high neck and poufed sleeves. The groom sported a turtleneck sweater beneath his powder-blue jacket. They celebrated with their guests afterward at Noah’s Ark Restaurant in St. Charles.

    The newlyweds continued to attend McCluer High while renting a house next door to Linda’s parents, and Don, a senior, graduated a few months later. After giving birth to a daughter, Patricia Marie, in August, during her summer break, Linda began her final year of high school while her mother watched the baby. They called the little girl Patty.

    Don Sherman says those early years weren’t easy. The couple struggled to make ends meet while raising a child. Linda worked a few part-time jobs — altering suits at Sears, key-punching at Site Oil Co. — before settling into work in data entry. He worked briefly as an assistant manager at a gas station before becoming a machinist — a career he has stayed with ever since.

    One of Linda’s older brothers, Dennis Lutz, remembers trouble in the Sherman marriage. “I know they moved in next door to my mom and dad, and I know there was a lot of conflict at that point,” he says. “Her husband, Don, was a very jealous person. He didn’t even want her talking to people — other guys, that is.” Although Dennis moved to San Antonio, he saw Linda when he returned home for visits. “When we were home, we kinda did things together,” Lutz says. “He was even jealous about that. I said, “This is my sister. We’re going to go have lunch together.’ He would just have a fit.”

    By October 1977, the Shermans were separated, and Linda filed for divorce. She wanted custody of their daughter and the couple’s marital property: an assortment of furniture, some dishes and silverware, a sewing machine, a black-and-white television. Linda didn’t follow through with the divorce. In March 1979, a judge dismissed the petition for “failure to prosecute,” a legal term for lack of activity in the case.

    That same year, Linda and Don Sherman reconciled, and the young couple bought a modest five-room brick bungalow on a quiet dead-end street in Vinita Park, a small bedroom community of middle-class, mostly blue-collar families.

    In the early 1980s, while the couple struggled to make their home — and their relationship — work, Linda suffered a miscarriage and afterward was told she had epilepsy. She suffered from seizures, and, because of her health problems, says Don Sherman, the couple decided they would have no more children.

    Their marriage continued to have problems. In 1982, Linda moved out again, this time into an apartment in St. Ann, taking 7-year-old Patty with her. Apparently tensions between the couple had escalated. In September of that year, Linda filed for an order of protection against her husband, claiming he had threatened her and Patty and had “tampered” with her car. She described Don as “mentally unstable,” adding that he had threatened to take his own life “and possibly that of my daughter and myself.”

    Don Sherman admits an “instance” with his wife’s car. “The vehicle was in my name,” he says. “I just disabled it so it couldn’t be driven.” But he says those memories are too old to recall in detail. “I’m not sure what my reasoning was then. It was a long time ago.”

    A judge granted the order of protection and also ordered Don to pay $20 a week in child support.

    That separation didn’t last, either. Within a month, Linda notified the court that another reconciliation was in the works and that the protective order was “no longer necessary.”

    “Please acknowledge the fact that my husband, Donald E. Sherman, and myself, Linda S. Sherman, are presently working things out,” Linda wrote the judge on Oct. 21, 1982.

    Not long after the couple’s 10th wedding anniversary, in the spring of 1985, Linda was planning to leave Don again. She filed a petition for dissolution in St. Louis County Circuit Court on April 11. Frank Vatterott was her attorney. “I just remember her as being very nice, very polite, and an attractive lady,” he says. “She was not sophisticated or anything, but I think she was kind of classy…. I remember her as having class and being a person of stature.”

    Though the petition was filed, Don would not be served with the court papers for a few more weeks. Linda continued living with him at the house on Monroe Avenue in Vinita Park.

    “It was a little rocky right then at that time,” Don Sherman says. He was working the day shift at a machine shop; she worked evenings at the U.S. Government Records Center on Page Avenue. He says he had growing suspicions that his wife was having an affair: She had started smoking again after quitting years earlier. She didn’t come home from work on several occasions, and when he called her at home from work, she wouldn’t be there, he says.

    And then one day in the early spring of 1985, Sherman says, his suspicions were confirmed when a truck driver who worked with him saw Linda and one of her co-workers from the records center.

    It wasn’t the first time his wife had cheated on him, Sherman claims. She’d worked as a cocktail waitress at a Flaming Pit restaurant, and “that changed her in some ways.”

    In any case, Linda and Don’s relationship had soured, and tensions were high by April 1985. On April 22, after she worked her usual evening shift at the records center, Linda signed out at 2:16 a.m., went home and slept on the couch. Though Linda usually took Patty to school in the morning, on this day Don drove her to school. That evening, Don says Linda left for work around 6 p.m. She was wearing blue jeans, tennis shoes and a blue jersey emblazoned with the number 76, he says. Linda did not report to work.

    She never would again.

    That spring, Linda’s older sister, Fran, who lived in nearby Hazelwood, had begun talking on the phone with her sister almost every night. The conversations revolved mostly around the problems Linda was having with her husband. The phone calls stopped on April 22, and then Fran and her husband, Sam, learned that Linda hadn’t shown up for work. They began to worry.

    “She was getting ready to leave her husband for good,” remembers Sam Miller, a retired engineer, “and so she took certain steps. She talked to Fran about this a lot over the phone.” Fran nods her head. “She was trying to move out of the house and into an apartment somewhere.”

    Linda had filled out a change-of-address form at the local post office, directing her mail to her sister’s house on Coachway Lane in Hazelwood. Her last two paychecks came to the Miller house after Linda disappeared.

    One check is inside a manila folder Sam Miller keeps, the envelope still sealed. The folder contains old newspaper clippings, faded court documents and a small ad offering a $1,000 reward for information about Linda’s disappearance. Fran says Sam can remember all kinds of important names and dates, thanks to that folder. Memories fade. It’s been 14 years since they last saw Linda.

    Nestled among the papers in the folder is the 5-by-7 photograph of Linda.

    She’s not alone in the picture. Her husband is seated beside her on a brown flowered sofa. But when the Millers needed a photo for the missing-person poster, for the police file and the newspaper, they enlarged the part of the picture with Linda’s smiling face. They cut Don out entirely.

    Inside the small brick building on Midland Avenue, behind Vinita Park City Hall, Lt. Michael Webb keeps the same picture of Linda Sherman in a manila file folder. Her case fills two entire drawers in the metal cabinet in the corner of his office. The room is neat. On a nearby shelf, sandwiched between various law-enforcement titles, are books on botany and crime-scene archaeology.

    A seemingly unflappable man with a solemn voice, Webb, 48, has spent most of his career in Vinita Park, except for a single year as a patrolman in Charlack. He spends his free time at the St. Louis County Library headquarters on Lindbergh Boulevard, researching through ribbons of microfilm for details about organized crime at the turn of the century in St. Louis. Someday, if and when he retires — “They’ll have to push me out of here; I’ll be in a walker,” he says — Webb figures he might write a book about local mob history.

    Webb was a patrol supervisor back in 1985, and he remembers reading Linda Sherman’s missing-person report. He read all the daily reports as a patrol supervisor, and Linda’s report stood out. “There was just something that didn’t sound right,” says Webb, a sandy-haired man with a mustache who has since traded his police uniform for a crisp shirt and tie. “We have missing persons reported all the time. Generally, within a few days, there is contact with someone, especially a loved one like a child.”

    That’s what just about everyone said about Linda’s disappearance: It didn’t sound right.

    Linda’s parents, her brothers and her sister and brother-in-law insisted there was no way Linda would leave her 9-year-old daughter, under any circumstances. Her co-workers and friends agreed. Linda, a doting mom, wouldn’t do such a thing, they said.

    Don Sherman told police that an overnight bag and other items appeared to be missing from the house. Because Linda had left him twice before — both times emptying their home of furniture — he says he thought she’d left him again. On both of those occasions, however, she had taken Patty with her. This time, she did not. Sherman says he can’t recall what he made of his wife’s disappearance at the time. “I don’t remember exactly what was going through my head,” he says now. “It’s way too long ago to remember that.”

    As each day passed with no word from Linda, the Millers grew increasingly alarmed. They posted fliers offering a $1,000 reward for information on her whereabouts. They spoke to co-workers at the government-records center where Linda worked.

    Four days after Linda disappeared, Sam Miller says, he lay awake in bed, thinking about a musician whose car had recently turned up at Lambert Airport after he was murdered. They hadn’t looked for Linda there, he realized. He woke his wife; they got dressed and drove to the airport. They had rounded the first turn in the short-term parking garage when they saw what they were looking for: Linda’s yellow Volkswagen Beetle, her schoolbooks from a computer class inside, a hat tossed on the back seat. They called for an airport-police officer and waited for him to pop the trunk, worried they might find Linda’s body inside. The officer opened the front compartment of the Beetle, where the trunk is located. But there was no trace of Linda.

    Soon after, the Millers met with Vinita Park police, and Lt. Webb was officially assigned to the case.

    He interviewed co-workers, family members, Linda’s husband. He pinpointed the time she’d signed out of the records center. He learned that the airport kept track of cars parked in the garage longer than 24 hours, and that Linda’s car had been noted on April 24. He checked the passenger lists of airline departures from Lambert. No Linda Sherman.

    Within a week of her disappearance, Don Sherman reported that he’d seen Linda riding in a van with someone else — and that she ducked. He told police he tried to follow the vehicle but that it got away from him and he wasn’t able to write down a license-plate number.

    The lieutenant tracked down dozens of leads throughout the state of Missouri. None checked out. Linda wasn’t the type to have enemies. Webb could not find any. He checked out the male co-worker that Don Sherman says she had been seeing, but that man had an alibi and was ruled out as a suspect.

    Months passed with no sign of Linda, and police decided to go public with a plea for help in the case. Linda’s disappearance — and her family’s concerns about foul play — were described in a July 15, 1985, article in the St. Louis Globe-Democrat. “We’re at an impasse,” Vinita Park Police Chief Robert Hartz was quoted as saying. “There’s little more we can do without a break.”

    The break didn’t come.

    While everyone worried about Linda’s whereabouts, Don Sherman says he tried to move on with his life. About a year after Linda disappeared, he filed a cross-petition for divorce stating that Linda had abandoned both him and their daughter. His lawyer was Frank Anzalone, a prominent Clayton criminal- defense attorney, whose clients included people accused of serious felonies such as rape and murder. Sherman is reluctant to talk about why Anzalone handled his divorce, except to say that Anzalone has always been his lawyer and that he had first met him when Anzalone was a public defender and represented Sherman’s mother in 1974.

    “My mother killed my father,” Sherman says matter-of-factly.

    It was after midnight on Feb. 25, 1974, when police arrived at the Sherman home in Cool Valley and found 47-year-old Charles Sherman, an unemployed watchman, shot dead at the kitchen table. Audrey Sherman, his wife, and all five children said they awoke to a loud bang. Police officers searched the house and found a .38-caliber gun stashed in a heating duct. Audrey was later indicted for first-degree murder. Four months after the wedding of her son Don, she pleaded guilty to manslaughter. She served six months in the county jail.

    “She put a bullet in him as a result of one of their arguments,” Don Sherman says. “They were both alcoholics.”

    Sherman says he, too, turned to drinking in the years after his wife disappeared. “It took a long time for me to deal with it,” he says, “to come to terms with it. And a lot of alcohol.”

    By 1988, three years after Linda’s original divorce petition was filed, Anzalone’s office had had the case placed on the docket of uncontested divorces.

    Frank Vatterott, who was hired by Linda Sherman to handle her divorce, objected. “It would be impossible for me to consent to an uncontested dissolution,” he wrote in a June 21, 1988, letter to Anzalone’s office. “I have not heard from the family of Linda Sherman for approximately one year. I presume she is still missing.”

    Vatterott says he had intended to take Don Sherman’s deposition earlier in the divorce case but decided it was futile. “Anzalone, who was his lawyer, said, “We will just plead the Fifth,’” Vatterott recalls. “So I didn’t take it.” Anzalone could not be reached for comment.

    In June 1989, with Linda nowhere to be found, a judge dismissed the divorce case, thereby leaving the Sherman marriage legally intact.

    One year later, on June 28, 1990, a skull appeared outside the Casa Gallardo restaurant in Bridgeton.

    Don Sherman was there that day. He says the restaurant’s bar was his regular place to go for drinks. And when the skull showed up that day, he recalls, “It was the talk of the restaurant.” As for where the skull came from or its identity, Don Sherman says he had no idea.

    Neither did the Bridgeton police.

    Fourteen months later, an unusual piece of mail arrived at the Vinita Park Police Department. It was Sept. 6, 1991, and among the batch of letters that the administrative clerk was sorting was an unsealed envelope with no return address. Inside was an eight-month-old Super Bowl flier from the Casa Gallardo in Bridgeton. One side of the orange sheet described the promotion — cheap cocktails and free nachos to customers watching playoff games at the restaurant. The other side contained a single sentence, stamped out in purple ink:

    “THE BRIDGETON POLICE HAVE L. SHERMAN’S SKULL.”

    Lt. Webb, careful not to touch the note and envelope, was incredulous at the message inside. Could it be true? he wondered.

    “I hadn’t heard anything about Bridgeton police finding a skull,” Webb recalls. “I felt they were going to laugh us out of the place when we went in there.”

    But when Webb talked to a patrol sergeant at Bridgeton, he was told about the skull discovered a year earlier outside the restaurant. Webb delivered Linda Sherman’s dental records so that they could be compared with the “found human remains” stored away on a shelf at the county morgue. The next day, a forensic dentist confirmed that the skull was Linda Sherman’s.

    Clearly the letter-writer was someone who knew about the skull found more than a year ago and wanted Vinita Park Police to know that it was Linda Sherman’s. It could have been the killer who sent the letter. Then again, it could have been someone who merely had some knowledge about her death.

    The letter deepened the mystery and raised nagging questions for the police and for Linda’s family. Who, after police failed to identify the skull as Linda’s, sent them a note to make sure they did? Why send the note on a Casa Gallardo flier? More important, where was the rest of the body?

    That last question left the Millers both puzzled and horrified. “Whoever did this went to where they buried her and dug up just the skull and left the rest of her body there,” Sam Miller says. “We couldn’t figure out why somebody would have done that.”

    Patty Sherman, who had just turned 16 at the time her mother’s skull was identified, was living with her paternal grandmother during the week and spending weekends with her father. She remembers that she was doing her homework when two police officers knocked at her father’s door to deliver the news.

    “I wouldn’t answer the door. I had a feeling something bad was going to happen,” she recalls. She woke her father, who spoke to the police. “All he told me was, “They found your mom.’ And I just bawled. He said he didn’t know a whole lot. And he went back to his room.”

    She would learn the details later, from her cousin. “I was really upset,” she says. “We live in such a sick world that after she was dead, someone dug her up and put her somewhere, put half of her somewhere. How could somebody do that to her?”

    At the Vinita Park Police Department, the Linda Sherman missing-person case had turned into a homicide investigation. Lt. Webb scrutinized the old reports. He re-interviewed the original witnesses, six years after Linda vanished. “It was pretty difficult,” he recalls. “The trail is cold by then.”

    He forwarded the note and envelope to the FBI crime lab in Washington, D.C., but the author had been meticulous: There were no fingerprints on the letter and no saliva on the envelope. Webb requested information about the rubber stamp used to create the message and learned that it was the type widely available at office-supply stores.

    Webb shipped the skull to the University of Missouri-Columbia, where an archaeologist studied the traces of soil and a botanist examined the plant material adhering to the skull. Those examinations offered no meaningful revelations. The soil probably came from a rural setting, such as a wooded area, Webb was told, a tidbit of knowledge that didn’t come close to narrowing down where the rest of Linda’s body might be buried. The plant material was of the morning-glory species; the purple-flowered vines are common throughout Missouri.

    Webb developed his own theories about the case, but many of the details seemed to defy rational explanation. Some theories he will share; others he will not. “It seemed pretty obvious to me someone wanted us to identify that skull,” Webb says. “Why else would they send us a note telling us where to find it, helping us along, so to speak?”

    But why? “I hesitate to really speculate,” Webb continues. “There are some people, killers, who like to taunt, who think they are of a higher mentality than police — who like to play a little game.”

    Webb pressed on with his investigation. He contacted the FBI’s behavioral-sciences unit in Quantico, Va., but they didn’t have much to go on. In November 1995, he attended the national convention of the International Homicide Investigators Association, where hundreds of detectives had gathered in St. Louis. The conference drew experts who had worked on famous cases: O.J. Simpson, Ted Bundy, the Green River murders in Washington.

    Webb used the opportunity to hit people up for advice. “People I really admire, I ran into there,” he says, “very experienced homicide investigators, the experts in their field. Anybody I could I would pull aside and say, “Hey, look, I got this case — do you have any suggestions?’” For the most part, they were things he had already tried.

    Webb came to obsess about the case. It wasn’t just that Linda Sherman’s was the only unsolved murder case in Vinita Park. It was that he now knew her family. “We all have very much of a closeness to this case, anybody who’s been here for any period of time,” Webb says. “It’s been with me since 1985. Even though I didn’t personally know Linda, I’ve gotten to know several of her family members quite well…. I feel some obligation to the family that this case be resolved.”

    There was something else, too. “You hate the idea that someone committed this crime and has gotten away with it for so long,” Webb says. “I want him or her to know that it’s not going to be forgotten. Any new development in forensic science or some type of lead will be followed up. It’s my job. It’s something I have to do. She’s not here to speak for herself, so somebody has to speak for her.”

    Webb never eased up on the case. Thirteen years after Linda Sherman was reported missing and eight years after her skull turned up, Webb still had little to go on except the skull itself.

    “My idea has always been, the key to this case is the recovery of the rest of the remains,” Webb says. “I feel if we could find that original burial site, we could glean a lot more evidence, even after all these years — evidence that might help convict the killer or help identify the killer.”

    Then, for the first time in several years, Webb had some reason for optimism. At a conference on crime-scene archaeology held in Weldon Spring last year, Webb listened to speakers describe advances in soil science. An FBI agent and a college professor told Webb that the tiny amounts of dirt on Linda Sherman’s skull might provide a break in the case.

    That was all Webb needed to hear.

    Three months ago, on the morning of Aug. 19, with Sam and Fran Miller watching, a backhoe shoveled the dirt on Linda Sherman’s grave in Steedman Cemetery near Fulton, Mo., and unearthed the 18-inch-square concrete vault containing her skull. FBI agents supervised the exhumation and shipped the skull in a wooden crate to Mercyhurst College in Erie, Pa.

    At the college’s Archeological Institute, Professor James Adovasio spends most of his time applying high-tech principles to archaeological sites in such places as Israel, the Ukraine and the central part of the Czech Republic. But he has also put his skills to work as a sort of high-tech soil sleuth in archaeological-theft cases prosecuted by the federal government.

    With the use of X-rays and powerful electron microscopes, one sample of sediment can be distinguished from another almost to the level and precision of a fingerprint, Adovasio says. He has examined soil in seven federal cases involving prosecutions under the U.S. Archeological Protection Act.

    The Linda Sherman case will be Adovasio’s first murder case. The technology is both costly and time-consuming, making it impractical for most routine criminal cases, he says, adding that it’s a rare case in which dirt is the best available evidence. Adovasio will compare a sample of dirt from Linda’s skull with seven samples provided by Vinita Park police, who suspect her body may be buried in an area of Missouri that measures several hundred acres. Vinita Park police are not saying exactly where that area is.

    The analysis could rule out that area entirely — or it could help narrow down where to look more closely.

    Adovasio explains. “If you went into your frontyard… we could take a sample from one end and another end and find broad similarities to it,” he says. “But the samples will be sufficiently different that if you buried an object on one end of your yard and then an object on the other end, I could say with a certain degree of statistical certainty that the objects came from the same yard but definitely not the same hole.”

    The technology available today is far more advanced than it was in 1985, when Linda Sherman disappeared, Adovasio says: “With the advent of computer-controlled scanning electron microscopy and energy-dispersive X-rays, we can actually count individual grains of sediment and find out what the chemical composition of a grain of sediment is. And you couldn’t do that 15 years ago.”

    Adovasio expects the final results on the tests of soil taken from Linda Sherman’s skull to be in shortly before Thanksgiving.

    One of Adovasio’s colleagues, anthropologist Dennis Dirkmaat, will be examining the markings and indentations on the skull. Dirkmaat has consulted on 250 criminal cases. He will be looking for clues to determine where the skull has been. “We’ll look carefully at subtle bits of evidence,” Dirkmaat says. “Is there evidence the body decomposed on the surface or was buried or in water?

    “One of the thing we will want to look at is trauma to the skull… I saw that some of the bones were broken. We’ll do a more detailed examination of what may have caused the trauma: Was it perimortem — at the time of death — or postmortem, and what may have caused that?”

    Patty Sherman Harvell, now married and living in Attica, Ind. with her husband and 4-year-old daughter, is waiting for news about the soil tests on her mother’s skull. Now 24, she last saw her mom when she was a fourth-grader at George Washington Elementary School. “I couldn’t even close my eyes and tell you what she looked like if I didn’t have pictures,” Patty says regretfully. “I think about her all the time. I think about what I missed, about how my daughter is going to grow up without her grandma. It was really hard growing up without a mother.

    “I wish I knew her. People tell me I look just like her — everybody tells me that — and I wish I knew her.” In the past several months, Patty has grown increasingly interested in finding out what happened to her mother all those years ago. She wants to find the rest of her mother’s body “so we can put her to rest,” she says.

    “It’s been a long time not knowing. Maybe I’ll have some type of closure on it,” says Patty, who has a recurrent nightmare about her mother. She sees her sleeping on the sofa at their home in Vinita Park — the way she did on the last day Patty saw her mother alive. Patty is leaving for school, but her mother fails to kiss her goodbye. Patty always wakes up in tears. She’s not sure what it means.

    “I just want to know what happened to her,” she says. “I just wish I knew.” Patty begins to cry. “I want somebody to pay for taking that away from me.”

    It’s an awkward situation, because she knows who police suspect. It’s her father.

    And he’s known it for 14 years.

    When his wife first disappeared, police called Don Sherman down to the station and asked him questions. They asked to take a look around his house. They asked about that final day he spent with his wife. They asked about the couple’s marriage.

    They kept asking questions.

    “It used to be a regular thing,” Don Sherman says. “They used to come by and say, “Well, can you come down to the station….”

    “I’m pretty much the only suspect they have,” he adds.

    Don Sherman still lives in the same house on Monroe Avenue. Now it’s decorated with candy-corn lights and stickers in the window and other signs of his 6-year-old daughter, a child with his second wife, whom he married in 1994. He’s 42 now, a tool-room supervisor for a company in Belleville, Ill.

    Sherman is willing to talk about his first wife, but he does so on the front porch. His current wife is inside, and he’s worried it might be uncomfortable. He wears blue jeans and a black T-shirt with the big face of a bald eagle. He sports a full beard and hair that falls halfway down his back.

    “I’ve long stopped worrying about it,” Sherman says about the police suspicion. “I didn’t do anything. It’s been, what, 14 years? A lot of things have happened in my life since then. Till this new thing, the new technology, I hadn’t thoug

  • RANDI NAUGHTON STRIKES BACK

    KTVI/Fox 2’s Randi Naughton took offense at the “Charity Begins at Home Plate” offering in the Aug. 25 “Short Cuts” by e-mailing us claiming there were two “factual errors” in the piece. Oy vey. Turns out, contrary to our statements, Naughton claims, the price of the bat, $199, was mentioned in two separate broadcasts of her report. She also says the “mother of a child with cancer” we referred to in her broadcast was actually the mother of a heart-transplant recipient. Well, OK — we’ll take Naughton’s word on that. As for the mention of the price, the transcript we received of the broadcast in question did not include the bat’s price, though who knows? Maybe it was mentioned in the intro, or displayed on the screen. But that isn’t the point, is it? The point is, the amount going to charity (10 bucks out of 200) was not mentioned, only that a portion of the proceeds went to a worthy cause. So we apologize for the misstatements, though we’re not sure they were misleading. The point is, when charity is being used to shill for a product, just how much goes to charity ought to be made clear. As for the final paragraph of Naughton’s missive — “I don’t know what the criteria is for being a “journalist,’ at the RFT. Though paying attention, I would assume, would be the first order of business.” — whoever said there was “a criteria” for being a journalist? And is anybody out there paying attention? Didn’t think so.

  • Unsettled

    On a Friday afternoon in March, Rochelle Johnson waited in a courtroom for a jury to reach its verdict. For most of the week, she had avoided listening to testimony about her younger sister’s murder — the grim details of how 33-year-old LaTanya Mickles-Hamlin, an assistant principal at East St. Louis High School, was fatally shot in her gray Lexus, not far from her Lafayette Square home.

    “Every day I would go,” Johnson says, “but I would sit outside the courtroom. I was there in the beginning, but the rest of it was just too hard for me. It was too hard.”

    But she made sure to watch the end of the case against William Jefferson, accused of firing four shots into LaTanya’s 1998 Lexus SC300 during a failed carjacking attempt on April 30, 2000, including one that pierced her heart. After less than three hours of deliberation, the verdict was in. But as the words rang out, Johnson couldn’t believe what she heard: “Not guilty.”

    “I was shocked,” Johnson says. “My first reaction was, ‘No one gets to pay for this. She died, and no one gets to pay for this crime.’ The whole family was in total shock.”

    For those who knew and loved LaTanya and hoped the trial would bring finality to her tragic case, the verdict instead brought new questions and anguish. After spending nearly a year in jail, LaTanya’s alleged killer was set free while, at the same time, the jury sent a message that his co-defendant — who plea-bargained in exchange for his testimony — was not to be believed. An already puzzling murder case was made only murkier.


    LaTanya was born and raised in East St. Louis, the daughter of 33-year veteran elementary-school teacher Ella Mickles, and she longed to follow in her mother’s footsteps. She graduated from East St. Louis High School in 1984 and attended Southern Illinois University-Edwardsville, where she obtained her bachelor’s and master’s degrees. She had recently applied to the doctoral program at St. Louis University. Her sister remembers LaTanya’s single-minded determination, even as a young child, to become a teacher: “That’s all she ever wanted to be, ever since she was a little girl — ‘I want to be a teacher. I want to be a teacher.’ She loved children so much.”

    She taught for years at an elementary school in Cahokia before her career took her to Rock Island, Ill., and, later, Naperville, Ill., where she was an assistant principal. Johnson says LaTanya valued the experience but longed to come home. “The children there were basically well-to-do,” Johnson says, “and she really couldn’t reach them the way she wanted to reach the poor, disadvantaged children of East St. Louis. She always said they needed her more than the children in Naperville did, so the knowledge that she acquired in Naperville, she took all that back to East St. Louis.”

    LaTanya had been back in St. Louis less than a year when she died, working as assistant principal at her alma mater, East St. Louis High. She married Gary Hamlin, whom she’d known for several years as an acquaintance before their relationship turned serious, in August 1999. And though her mother and father had died in the years preceding her return, LaTanya was thrilled to be living near relatives, including her sister and niece, and was excited about her new job. “She was ecstatic,” her sister says. “She loved it, she absolutely loved it, because she was home. It was all she talked about.” LaTanya lived five minutes from her sister, and every morning she took her niece, Jasmine, to school, because her sister’s job started early. The night she died, she had just dropped Jasmine at her sister’s and was headed home.

    Johnson remembers the moment police delivered the bad news: “I thought it was random; that’s the first thing that went through my mind. I thought it was odd for the area I lived in and odd for a Sunday night. Then when he said someone tried to rob her in an attempted carjacking, my first thought was: ‘Really?’ It struck me very odd. That sort of thing just didn’t happen in that neighborhood. I thought it was odd to happen on a Sunday night in my neighborhood. But I accepted what they said.”


    From the start, St. Louis police said they suspected LaTanya’s murder was the result of a failed attempt at carjacking while she was paused at a stop sign at the corner of Hickory Street and Missouri Avenue around 9:30 p.m. About three weeks after LaTanya’s murder, police announced that they’d charged two men in connection with the crime: William Jefferson and Damian Cotton, both 18 and both from East St. Louis.

    St. Louis police arrested the two after receiving an anonymous call from someone claiming to know who was responsible for LaTanya’s death. The caller said four men from East St. Louis were involved, along with a fifth who had planned to go along but backed out at the last minute. That call led police to Dante Cole, who told them he knew about the murder but said he had not gone along. He said a friend, Jared Mason, told him he had driven three others to St. Louis and, while Mason and another man, John Johnson, stayed in Mason’s car, two others went to steal LaTanya’s Lexus. He said he learned secondhand that when LaTanya refused to get out of the car, she was shot.

    Police questioned Mason, who told a similar story. Police picked up Cotton and Johnson; both denied any knowledge of the murder. But after being asked to speak to one another, alone, for about 10 or 15 minutes, they admitted to police they knew about the crime, and both said the triggerman was someone named Rooster. Cotton later identified Rooster as William Jefferson, someone he knew from grade school. Cotton told police that he was standing on the passenger side of the Lexus when Jefferson, who was standing on the driver’s side, fired the fatal shots. There were no other eyewitnesses.

    Police never recovered the gun used in the killing. There were no fingerprints, no physical evidence at all but for the recovered bullets and shell casings. Only two of the four men who said they were in the car that night were arrested. Jefferson was charged with first-degree murder and armed criminal action; Cotton was charged with second-degree murder and armed criminal action.

    Assistant Circuit Attorney Michael Ravetta, who prosecuted the case, says the decision on whom to charge was based “on the statements of witnesses and what they knew and how they were involved. Basically, the one kid claimed — and I have no reason to doubt him — that he had no idea why they wanted to go over there, and he was the driver of the car. He indicated they asked for a ride and he drove them over there; he didn’t know what was going on. Another kid, when they were talking about it, backed out and didn’t go; he left and went to his girlfriend’s house. The third guy, he ended up being wanted for robbery on the East Side, and the other two guys were defendants.”

    Cotton faced up to 30 years in state prison on the charges. In February, he agreed to plead guilty in exchange for a 10-year sentence and his testimony against Jefferson. Ravetta says the case against Jefferson rested on the word of Cotton, who testified at the March trial, and says he was surprised when the jury returned with a not-guilty verdict.

    “The only thing I can figure is, they did not believe the co-defendant who we cut a deal with. The co-defendant [Cotton] was the only eyewitness; the others did not see the actual shooting. The only person who could tell us who pulled the trigger was Damian Cotton. It all came down to believing Damian Cotton, and evidently they didn’t. We even blew [Jefferson’s] alibi and they still walked him, so I have no idea what that was all about, except they didn’t believe our witness.”

    The lawyers who defended Jefferson were not as surprised.

    Michael Mullen, a former defense attorney who was sworn in as a circuit judge in June, says Jefferson had an alibi — he and his sister’s boyfriend said they were out driving around together that night, showing off his sister’s boyfriend’s new car. And although Jefferson knew the other men implicated in the case from junior high, he told the jury that he never hung out with them. They were actually in rival gangs while in school. Mullen thinks his client was a “convenient scapegoat” because the others knew he had recently served time for a robbery conviction. “He had not been out very long, and he tried to get his life back together. These other kids knew he had been locked up for the past year on something. The jury knew he had a record, because he testified, and they still didn’t believe the other kids’ version.

    “I believe there were certainly some of these kids who were involved that testified against my client — they admitted their own involvement, but they all kind of said, ‘I was there,’ but then put it off on my guy as being the main guy. And my guy said, ‘I don’t even hang out with these people, and I’m probably a rival of theirs, and all these kids admit it.’” If they were members of rival gangs, he asks, “then why would he be hanging out with them?”

    The lawyer notes that the jury “came back fairly quickly on a murder, especially one where the victim was so sympathetic. This wasn’t a drug murder. This was someone who was truly helping the community, giving back to the community.”

    Mullen, a former prosecutor, says he was puzzled that only two people were charged when five were implicated in the scheme: “I felt very strongly they charged the wrong people, and they mischarged the case. One kid said he drove over to the carjacking and claimed he didn’t even know what was going on — when all of the other people were saying he knew what was going on and was going to split the profits from the carjacking. Yet the guy who drove to the carjacking where someone gets murdered doesn’t even get charged, even with a misdemeanor. Dante Cole, who also was involved, indicated he was in on the plotting of this in East St. Louis but he backed out of it. That was the excuse for not charging him. And there was another guy — a guy nicknamed ‘Killer’ — who apparently was in the car but never testified; they never charged him with anything. It just seemed strange.”

    He believes the gist of what the others claimed was true — they did plan a carjacking that went awry and someone was killed. “It’s pretty easy to change just one piece of the story and say everything I’m saying is true,” Mullen says, “but this other person was the killer, and then just [Jefferson] in there as a convenient scapegoat.”

    Lawyer Mathew Hoffman tried the case with Mullen. “When we sat down and took the case, it didn’t seem to add up,” Hoffman says. “From the beginning the state’s evidence was questionable. They had no eyewitnesses, no weapon, and the only motive they could come up with was a carjacking, and that wasn’t linked to our guy except through the alleged co-conspirators.” The jury, he adds, “just didn’t believe these guys. It sounds like there was a conflict between these rival gang members … and it sounds like they were trying to pin this on [Jefferson].”


    The only person likely to serve any time for LaTanya’s murder is Damian Cotton, who pleaded guilty in exchange for a 10-year prison sentence. In letters to the judge in his case, Cotton’s mother and the senior pastor at his church describe him as a young man, 17 at the time of the murder, with no prior criminal record who had obtained his GED, was attending community college in Belleville and held several part-time jobs, including one in the campus bookstore. The pastor, Rev. Rex Waddell of the Church of the Living God in Fairview Heights, noted that Cotton’s “teachers, pastors and various friends and supporters” chipped in to pay for his defense.

    His mother, Diane Cotton, described her son as “very kind and intelligent … We all believe in Damian’s innocence and we all know that he is just a person who witnessed a crime and has never harmed another human being because of his love for people and his very kind, loving nature.”

    Cotton’s attorney, William Ekiss, says his client “has been more than forthright in standing up for his responsibility in this case, and it’s still his position that Mr. Jefferson shot this woman, and he testified to that. Now, what a jury wants to perceive to believe … Obviously they didn’t believe that, because Jefferson was found not guilty. But the only witness to this claim and this shooting was Damian Cotton.

    “He did the right thing by standing up for himself and owning up to his responsibility. Mr. Cotton made a statement to police after it happened. Mr. Jefferson did not. Everybody did but Jefferson. If he was so innocent, why didn’t he admit his innocence then?”

    Cotton has been free on bond since December. And even though his testimony in the Jefferson case was not persuasive, his plea bargain stands. “We offered him the deal to testify, and it had nothing to do with whether we won or not,” says Ravetta, the prosecutor. Cotton has yet to be sentenced; Ravetta expects sentencing to take place in the next couple of months.

    The chain of events has done little to clarify what happened the night LaTanya was killed or precisely who is responsible. For some of LaTanya’s relatives, the case never made much sense. It still doesn’t.

    “I didn’t take too much of that nonsense,” says LaTanya’s aunt Edith Mickles, referring to the police theory of how and why her niece was killed. “I thought it was just a bunch of bunk. I didn’t believe those boys did it. Those boys are from East St. Louis, and [LaTanya’s] car was parked on the East Side every day. If they wanted to steal a car, they didn’t have to go to her neighborhood.”

    Another relative shares her concerns: “We didn’t feel enough investigative work was done,” he says. “It just didn’t seem right. Things didn’t seem to add up as far as how everything went down and the nature of the alleged carjacking. They didn’t take the car; they didn’t attempt to take the car. They said she was shot four or five times through the front window with a high-powered weapon. That doesn’t indicate any kind of carjacking.” Plus, he adds: “It was a high-profile case; therefore people were pressuring detectives to come up with motives and leads.”

    Rochelle Johnson, LaTanya’s sister, says she doesn’t doubt that police or prosecutors were right in whom they decided to charge; she believes they simply lacked enough evidence to conclusively prove the charges. Still, she has chosen not to dwell on the criminal case, instead focusing on the LaTanya Hamlin Scholarship Foundation (P.O. Box 16821, Clayton, MO 63105), which raised $14,000 last year and awarded three $2,500 scholarships. The scholarship is for underprivileged students in East St. Louis with average grades who aspire to go to college.

    “Prior to the verdict, we got together and we prayed and we asked for God’s will to be done, not our will,” Johnson says. “We could have prayed for [Jefferson] to die or go to jail forever. I really, really prayed real hard before the verdict came out, so once it was read, we have such faith in God, that God let me know: ‘Vengeance is mine.’ Whoever did it, it will come out. The way we put it is, ‘This is man’s courtroom, but God is in charge.’ We let it go — we really did. We forgave everybody who was involved, and we just moved on with our lives.”

  • ON THE HOT SEAT

    After denying he withheld crucial evidence, denying he arranged secret deals with jailhouse snitches, denying he misled a jury and denying he participated in any cover-up, St. Louis County Circuit Judge Steven H. Goldman suggested that maybe someone else had done those things but that he wasn’t sure and, in all likelihood, they wouldn’t remember, either.

    It wasn’t the former prosecutor’s most convincing performance, certainly unlike the trial in 1983 when Goldman, without physical evidence or eyewitnesses, convinced a jury that a young black woman named Ellen Reasonover was guilty of capital murder.

    This time, as an ill-at-ease Goldman tried to account for his actions during an evidentiary hearing, an observer watching the proceedings from the back rows in a federal courtroom leaned forward and whispered, “It’s STA time — “save thy ass’ time.”

    Indeed, during four days of testimony at the hearing last week before Chief U.S. District Judge Jean Hamilton, new evidence of possible police and prosecutorial misconduct in the Reasonover case surfaced like dead bodies, one after the other. Among new information floating to the top: secret police tape recordings, memos about sentencing deals, and a would-be snitch who refused to be coerced. Just one day into the hearing, a seemingly exasperated Judge Hamilton asked Stephan D. Hawke, the state’s attorney, “Are there any other documents you haven’t disclosed? This is a little startling.”

    The mounting evidence that police and prosecutors may have framed an innocent woman would become even more startling to onlookers as the hearing progressed. For Reasonover, serving a life sentence after being convicted of shooting and killing gas-station attendant James Buckley, 19, in a botched robbery attempt, the hearing is likely her last bid to win a new trial (“Burned,” RFT, June 30).

    Reasonover, now 42, has always maintained her innocence, saying that she was at the Vickers service station in Dellwood the night of Buckley’s murder only to get change and cigarettes. When she heard news accounts of the murder, she called police with information about possible suspects she saw at the station. She identified men from mug shots, but when those suspects produced alibis, police investigators accused her — along with her former boyfriend, Stanley White, and another man named Robert Macintosh — of the crime.

    Goldman’s evidence in the 1983 trial consisted mainly of the testimonies of two women — Mary Ellen Lyner and Rose Jolliff — who claimed that Reasonover had confessed to them in a holding cell that she had killed Buckley. What jurors and Reasonover’s trial lawyers didn’t know in 1983 was that there existed at least two secretly taped conversations in which Reasonover maintained her innocence.

    One of those key recordings is of Reasonover protesting her innocence to Jolliff in a telephone conversation on Jan. 12, 1983 — five days after the women had been placed in a holding cell together. Reasonover’s current lawyers, Cheryl Pilate of Kansas City and Richard Sindel of St. Louis, obtained a copy of the recording just last week.

    Jolliff was in jail for writing a number of bad checks, Reasonover because she was a suspect in Buckley’s murder.

    During Reasonover’s trial, Jolliff testified that Reasonover confessed Buckley’s murder to her on the day they shared the cell. But the secretly taped phone conversation, which was never disclosed to jurors at the trial, appears to undermine Jolliff’s testimony. In the conversation, Reasonover repeatedly denied having had anything to do with the killing. In fact, Reasonover proclaimed her innocence eight times during the call to the woman she had supposedly confessed to five days before. And even though under law the police must give the prosecutor such evidence, and the prosecutor in turn must give it to the defense, the tape was never submitted to Reasonover’s attorneys during her trial.

    Last week, when asked why the police tape was never submitted, Goldman said he never knew it existed, implying that the police were at fault for never handing it to him.

    In 1983, prosecutor Goldman told jurors that Jolliff had no incentive to lie about her testimony — that she was not getting any kind of a deal on her pending felonies in exchange for testifying at Reasonover’s trial.

    A different story emerged last week.

    In December 1982, then-assistant county prosecutor Larry Mooney recommended that Jolliff receive five years’ supervised probation for her three pending felony counts. Jolliff’s lawyer at the time, Stormy White, testified last week that Mooney’s recommendation was “the best I could do at the time” for her client.

    But on the same day she testified against Reasonover, Jolliff changed her plea of not guilty to guilty and received six months’ unsupervised bench probation, which meant if she stayed out of trouble for six months, her three felonies would never be recorded. Other than having the felonies reduced to misdemeanors, Jolliff couldn’t have gotten a better deal.

    No one seems to know just who in the prosecutor’s office approved the lighter sentence.

    “Is that what a person would normally get for three felonies?” Sindel asked White when she took the stand last week.

    “No,” she replied, adding that she had been on maternity leave at the time and didn’t know how Jolliff got the bench probation.

    Mooney said he didn’t order the bench probation for Jolliff, either, and didn’t know who had.

    And Goldman told the court that he had given Jolliff “no deal” for her testimony and wasn’t aware that anyone else had given her one.

    In post-trial transcripts, Goldman denied ever promising Jolliff a deal for her testimony. “It was the same sentence anyone else would have gotten,” the transcripts show Goldman saying.

    Several witnesses testified that receiving bench probation for three felonies is extremely unusual. Prominent defense attorney Arthur Margulis, called by the state as a character witness for Goldman, told Sindel during cross-examination that he couldn’t recall ever hearing of someone getting bench probation for three felonies.

    “Would you suspect that that person got a deal?” Sindel asked.

    “I think it would be self-evident,” Margulis said.

    And earlier this year, Sindel and Pilate found a long-forgotten memo written by White back in 1983, stating that Goldman had called her about Jolliff, that Jolliff was testifying in Reasonover’s case, that they wouldn’t actually make a deal with her until after the trial so that Reasonover’s lawyers couldn’t bring it up before the jury, and that Goldman promised not to “burn” Jolliff in the process.

    White testified that she didn’t remember much about the memo but surmised that it didn’t mean what it seemed to mean. Goldman acknowledged that he had in fact talked to White before Reasonover’s trial but said he didn’t remember much about the conversation.

    As for Jolliff, she isn’t talking. Called as a witness last week, she invoked her Fifth Amendment constitutional right against self-incrimination.

    “I never asked”

    The taped conversation between Jolliff and Reasonover wasn’t the only attempt by police to get Reasonover to confess to Buckley’s murder. An undercover policewoman tried to get Reasonover to confess to her in jail and was unsuccessful. Then there was the hourlong tape of a conversation between Reasonover and her former boyfriend, Stanley White, when the two were arrested as suspects and placed in adjacent cells on Jan. 7, 1983.

    Goldman testified last week that the police misinformed him about that secretly taped conversation in which Reasonover and White are heard discussing the murder, mystified about why the police think they did it. That tape wasn’t given to Reasonover’s defense attorneys, and so the jury never heard it, either.

    “Were you aware of the tape?” Sindel asked Goldman last week.

    “Some police officer in a very brief conversation … told me that they had a tape between Stanley White and Ellen Reasonover in which, I understood, they were complaining about being in jail. I also had the impression that they taped over it or destroyed it or something like that,” Goldman said. “What they were telling me was that it wasn’t admissible.”

    “Did you try to find out why it had been destroyed or taped over?” Sindel asked.

    “I never asked,” Goldman said.

    Several weeks ago, Patricia Lynch, a producer and writer for Religion & Ethics Newsweekly, which is broadcast by PBS, interviewed Goldman about the Reasonover case. Lynch says Goldman told her that he had only learned about the tape’s contents “recently” and that the tape wasn’t produced at the trial because of a “cataloguing error” committed by the Dellwood police.

    But Dan Chapman, commander of the Major Case Squad investigating Buckley’s murder in 1983 and now Dellwood’s chief of police, testified last week that everything of evidentiary value — including the taped conversation between White and Reasonover — was turned over to Goldman.

    “Would it be fair to say that statements made by a suspect are important and that they can often be used to help determine their guilt or innocence?” Sindel asked Chapman.

    “Yes.”

    “And in part you wanted to preserve this conversation (between White and Reasonover) in case it pointed to Ms. Reasonover’s guilt?”

    “Yes.”

    “Did you tell anybody that you had destroyed the tape?”

    “No, sir.”

    “To the best of your knowledge, you gave it to Mr. Goldman?”

    “We gave everything to the prosecutor’s office.”

    In 1985, Reasonover’s lawyers filed an appeal claiming in part that the tape should have been disclosed at her trial. Gary Gardner, the assistant attorney general who represented the state during the direct appeal, testified last week that when he asked Goldman about the tape, the prosecutor told him in one phone conversation that the tape contained no admissible evidence and in another call that the police had destroyed it. “My impression was that Mr. Goldman had listened to the tape,” Gardner testified.

    Goldman still claims he never heard the tape and never pursued its contents, even when he found out in 1996 that it hadn’t been destroyed. That year, the tape was discovered in the St. Louis County prosecutor’s office by Pilate and Sindel and was written about by the St. Louis Post-Dispatch in several articles.

    “Did you read any of the articles about the tape’s contents?” Sindel asked Goldman.

    “I don’t remember,” Goldman said.

    Sindel then reminded Goldman that he had written two letters to the editor to the Post-Dispatch complaining about the articles.

    “That may be,” Goldman replied.

    Reasonover’s lawyers last week played yet another recorded conversation for Judge Hamilton, this one a phone call between Reasonover and Chapman when she first called to give information about the people she saw at the Vickers station that night.

    During the call, Reasonover gave a fake name and asked Chapman several times not to put her name in the paper for fear of reprisals. Chapman promised he wouldn’t and asked Reasonover whether she’d come down to the station to look at mug shots. She replied that she would but said she didn’t think she could positively identify the people she saw. “I don’t want anybody to go to jail for something they didn’t do,” she told Chapman. He then urged her to try anyway, because there was a $3,000 reward for anyone who could help find the murderers.

    “I don’t care so much about that,” Reasonover said. “Maybe that money should go to the boy’s family instead.”

    The contents of the call were never revealed to Reasonover’s jurors. Chapman later arrested Reasonover because during the first call she gave a false name and because the people she eventually picked from mug shots turned out to have alibis.

    Goldman did admit last week that, according to law, he should have handed over any and all taped conversations. “At the time, I didn’t think it was relevant,” he said.

    What he did think was relevant was the taped testimony of Jolliff telling police that Reasonover admitted the murder to her in jail. That tape was submitted in Reasonover’s murder trial.

    Sindel noted: “Every time there was a tape recording that made Ellen Reasonover look bad, there was a police record and a transcript, wasn’t there? And every time there was one that made her look good, there wasn’t.”

    “I don’t recall”

    Besides the two women — Jolliff and Mary Ellen Lyner — who testified that Reasonover confessed the murder to them, police also sought out Marquita Butler, another cellmate. Her testimony at last week’s hearing shed some more light on the tactics used in prosecuting Reasonover.

    Butler testified last week that she originally considered lying about what Reasonover told her but backed out at the last minute.

    “They wanted me to lie,” Butler said on the stand, then explained that Chapman fed her all of the information about Buckley’s murder she would need to testify, including the names of the two other suspects, Stanley White and Robert Macintosh. “I was making up stories to get some money, but Ellen never told me anything,” Butler said.

    And once she decided not to cooperate with the deception, Butler said, Chapman got “mean” and threatened to have her arrested.

    Chapman said he didn’t remember promising Butler any money in exchange for her testimony and didn’t recall feeding her any information she would need to lie.

    But Sindel then pulled out a transcript of the taped conversation between Butler and Chapman on Jan. 12, 1983. The transcript showed that Chapman promised Butler $150 to come to the station and testify and an additional $7,000 if her testimony led to Reasonover’s conviction. Sindel then read aloud Chapman’s words to Butler:

    “”OK, Robert Macintosh, was he one of them?’” Sindel read, then asked Chapman, “So you supplied the name to her, right?”

    Chapman replied, “I did say that.”

    “Did you also say, “Stanley White is one?’”

    “Yes,” Chapman admitted.

    “Did you threaten to have her arrested if she didn’t cooperate?”

    “I don’t recall.”

    “I don’t remember”

    Whereas the jury never heard about the light sentence Jolliff got after she testified against Reasonover, in Lyner’s case the jury never heard about her past — a past that might have severely damaged her credibility on the witness stand.

    At Reasonover’s murder trial, Lyner told jurors that Reasonover confessed to Buckley’s murder. Lyner also admitted to the jury that she was receiving a reduced sentence for her own crimes in exchange for her testimony. But Lyner told the jury that she had never made any such deal before, and the jury and Reasonover’s defense lawyers were never told otherwise by Goldman.

    During last week’s hearing, Ronald Klein, a St. Louis police officer, testified that in November 1982 he arrested Lyner at her apartment, where he found drug paraphernalia, narcotics, more than 300 stolen items and materials used to create false IDs. Under her bed and in her closet were dozens of stolen purses, wallets and credit cards used to purchase more than $300,000 worth of goods.

    “It was probably one of the largest fraud rings ever cracked in the city of St. Louis,” Klein testified, adding that Lyner was “incoherent” when she was arrested and admitted she had a $1,000-per-day drug habit. “She was a desperate person when we found her,” he said.

    Yet jurors at Reasonover’s trial were never told about Lyner’s desperation or her drug addiction. They were instead told that Lyner, who killed herself in 1990, had been arrested for “writing bad checks,” even though her convictions were really for forgery.

    “When she testified that she had been charged for writing bad checks, did you correct her and explain it was for forgery?” Sindel asked Goldman.

    “I don’t remember,” Goldman an-swered.

    Sindel then pointed out that forgery is far more serious than a bad-check-writing charge, in that writing bad checks simply means a person has overdrawn his or her account but forgery involves intentionally trying to pass off something as genuine that isn’t.

    “Were you aware that her charges were for forgery and not just writing bad checks?”

    “Whatever I testified,” Goldman said.

    What he told jurors in 1983 was that Lyner was arrested for writing bad checks. Goldman also allowed his witness to tell the jury that she had never made a similar deal for a reduced sentence before.

    But Sindel noted that in 1979 Lyner was found guilty of burglary and stealing but hadn’t been sentenced as of February 1983. One month later, Lyner’s conviction on burglary and stealing was wiped out “for lack of evidence,” when in fact court records show she’d made a deal for the reduced sentence in exchange for testifying at another trial unrelated to Reasonover’s.

    Sindel then pointed to trial transcripts of Reasonover’s trial, where Lyner told the jury she had never made a deal before in her life. She lied, Sindel said, and Goldman never corrected her.

    “I knew nothing about it,” Goldman testified. But Sindel pointed out that in Goldman’s own trial notes, her burglary and stealing convictions were listed and that Goldman had drawn a slash through them, indicating that Goldman knew about the deal.

    Throughout his questioning of Goldman last Thursday, Sindel maintained a restrained, laserlike focus on nailing down the details of what he believed was prosecutorial misconduct on Goldman’s part. When he wrapped up his questioning of Goldman, though, Sindel’s restraint cracked a bit.

    “So it was your mistakes which deprived Ellen Reasonover of her freedom?” Sindel finally asked Goldman.

    “Objection!”

    “Sustained.”

    “So it was your mistakes which almost sentenced her to death?”

    “Objection!”

    “Sustained.”

    “Don’t you think she deserved better than that?”

    “Objection!”

    But Sindel was already back at his seat. At the defense table behind him, tears fell from the hands Reasonover held over her face.

    “This man is a judge”

    Unlike her 1983 trial, when her lawyers didn’t let her take the stand, Reasonover got up in the witness box last week and told a story that had many in the crowded courtroom — lawyers, family members, politicians and community activists — in tears. Reasonover testified that after she went to the Dellwood police station and misidentified people from mug shots, Chapman’s attitude toward her changed. He started getting “mean,” she said, pounding the table and threatening her.

    “He told me that I was going to be 150 when I got out of jail and that my daughter would be 100, and I’d never see her again,” she said. “They told me I’d be raped in prison and that if I didn’t roll over on Stanley White, I’d be given the death penalty.”

    Reasonover then said that she was taken somewhere by a police officer and given a polygraph test. When she passed it, the policeman ordered that the test be administered again. When she passed it a second time, the policeman ordered a third. When she passed it the third time, the policeman drove her to yet another place, where a fourth test, which she failed, was administered. This fourth test was what jurors heard about during her trial.

    “I was sorry I ever talked to the police,” she said, “because they didn’t appreciate it.”

    Reasonover’s testimony, as well as that of Goldman, Chapman and others, struck a chord among the approximately 50 supporters of Reasonover who sat through all four days of the trial.

    “We live this every day,” said Richard Dockett, chair of the St. Louis chapter of the National Black United Front, at one point during Goldman’s testimony last week.

    There were repeated gasps of surprise as the evidence unfolded. When Chapman left the stand, Pearlie Evans, community activist and longtime assistant to U.S. Rep. William Clay, said, “That man used to be a policeman?”

    Used to be?” someone responded. “He’s the chief of police now.”

    “No!” Evans cried as she covered her face with her hands.

    As Goldman testified, state Rep. Betty Thompson (D-St. Louis) sat, muttering under her breath, “This man is a judge. This man is a judge.

    But there were also repeated murmurs that the story of Ellen Reasonover is all too familiar. “Those people made their careers on the backs of people like Ellen Reasonover,” Dockett said. “Most of them have become wealthy, because Ellen Reasonover dared to be born black and poor.”

    Reasonover’s hearing — perhaps her last chance at freedom — probably wouldn’t have happened if Centurion Ministries, a nonprofit group from New Jersey, hadn’t hired Pilate and Sindel to pursue the evidentiary hearing in federal court. Reasonover’s first appeal failed after her lawyer didn’t file the right paperwork, and after that, she was left with little recourse.

    “Very few poor or black people can afford this,” Dockett says, “And we commend Centurion Ministries for helping us be here today. This was a grassroots effort, and we, like Ellen Reasonover, will prevail.”

    Judge Hamilton is expected to rule in August whether Reasonover should get a new trial.

  • Easy Money

    At dusk, the mist wreathes halos around the headlight beams of the cars whooshing up the westbound entrance ramp onto Highway 30 from Route 141. The harried travelers come in waves: wheels whirring, wipers wiping, racing through the gathering darkness, with windows rolled up against the damp, chill air.

    None of them hear the spring peepers on the far side of the guardrail, down the embankment among the shallow stands of flood water. In the fading light, they can’t see Fenton Creek running brown, either, as the stream carries away the topsoil from the barren hillside that looms over this crossroads. Behind the First Baptist Church, where the Wednesday-night prayer meeting is in progress, twisted clumps of forest debris are all that remain of the trees that once grew here.

    That the wooded hillside survived almost into the new millennium is no small feat. But in this case the 28.5-acre slope has been clear-cut not for logging purposes but for retail sales. The groundbreaking for the new Fenton Crossing shopping center, which will be anchored by a Dierbergs supermarket, took place on April 15.

    To develop this area, the hill itself will be sawed in half and the creek bed relocated. Plans call for excavating 640,000 cubic yards of earth, with more than half of those materials to be hauled from the site. By next year, much of the ground will be graded and covered with asphalt. The work entails blasting a series of rock terraces into the incline. An architectural rendering of the finished product depicts a manmade palisade towering 100 feet over the strip mall.

    The cost of this project is estimated at $23.8 million, with more than $6.7 million of it to be publicly subsidized.

    Another way to view the site is to drive farther west on Highway 30 and double back on Country Home Road. Once beyond the Summit Heights subdivision and the monolithic Solid Rock Ministries church, with its bank-style time-and-temperature display, the road narrows into the kind of lane that its name denotes. Traffic thins out here and rural mailboxes still line the shoulder, but things are about to change. Nearby, the road abruptly ends at a sign that says: “Welcome to the City of Fenton, pop. 3,343.” Behind the sign, two yellow bulldozers stand idle in the mud.

    After the city recently annexed this area, it took the land of one property owner through eminent domain. As a result, Joe Murphy’s property is now within spitting distance of the new development. The Murphy homestead is situated near the crest of the hill, about a quarter-mile off of Old Smizer Mill Road. Murphy, 69, lives there with his wife, Joyce. English ivy climbs one corner of their shake-shingled cottage; conifers tower in the background. There are a screened-in porch and a toolshed out back.

    “They kind of ruined it. That will be a cliff soon,” says Murphy, referring to the adjacent area that has already been clear-cut. “I imagine we’ll be able to see the tops of some roofs. There will probably be some noise and some lights and so forth. It’s just heartrending to see the bulldozers. A tree that’s been sitting around for 150 years they can knock over in about 15 seconds.

    “We’ve owned the place for 72 years,” he continues. “I was born here. My dad bought it in 1927. I’ve always said that the law was for the rich and the poor. The little guy in the middle is the guy who really gets screwed.”

    Murphy is alluding to the tax-increment financing (TIF) statute. Under the state law, a municipality can designate a redevelopment area as a TIF district if it meets certain criteria. This allows the city to issue bonds that pay for the necessary infrastructure improvements to spur new development, including the purchase of property. In addition, the money can be used for everything from constructing roadways to paying for legal and consulting fees. The debt is then amortized — for up to 23 years — by earmarking half the increases in applicable sales and property taxes generated by the new development.

    TIF, which originated in California decades ago, became sanctioned in Missouri in 1982. The framers of the law intended for it to stimulate economic growth in the inner city, not realizing that statute loopholes would allow for its eventual misappropriation. After federal tax credits shriveled up during the Reagan era, private developers began to seek other ways of capitalizing their ventures with public funding. They hit on TIF because it provides for up-front financing rather than tax breaks later.

    As a result, TIF use has soared in the last few years for all the wrong reasons. Instead of helping neglected urban settings, the law is frequently used nowadays to promote suburban retail projects. Sometimes, as in Fenton, the public subsidy triggered by the law is used not to clean up abandoned areas but to “straighten out” natural phenomena such as hillsides.

    More often, it is used in the inner suburbs to finance the acquisition of residential property. In these cases, TIF employs a carrot-and-stick approach. Developers, with the assurance of TIF backing, will routinely acquire options to buy housing at above-market value. But their enticing solicitations to homeowners come with an implicit threat. Under the law, the city can invoke eminent domain and expropriate the property. The dubious public-private alliance also allows for the blighting of entire neighborhoods for the scantiest of reasons. Once an area is marked for such redevelopment, it tends to freeze any financial investment, and home and commercial improvements are placed in abeyance. Disinvestment becomes the rule, not the exception, which ultimately leads to further decline.

    In short, TIF has become a form of corporate welfare, pumping public money into private projects where subsidization is unwarranted. Moreover, it’s a growth industry that provides not only lucrative business opportunities for developers but also further enriches the lawyers, consultants and construction contractors who do their bidding. Losers in the TIF game are the consumers, who are forced to subsidize the projects through sales taxes, and school districts, which are deprived of the increased tax revenues generated by TIF projects.

    There are about 40 TIF proposals currently on the books in St. Louis County, according to the county planning department. They are spread across the map from Bel Ridge in the north to Valley Park in the south. Nearly half of these publicly subsidized projects are retail developments and several more fall into the mixed-use category, which includes a large percentage of retail space. Some projects have been completed, whereas others are yet to be approved (see chart on page 20). Although a few TIF projects deserve accolades for stimulating growth in economically depressed neighborhoods (see sidebar on page 22), economists, regional planners, politicians and lawyers interviewed for this story believe that TIF — as it is now being applied — is widely abused.

    In part, the abuse of the law stems from its ambiguity. “The problem may well be the flexibility that the statute gives the municipalities,” says Peter W. Salsich Jr., a law professor at St. Louis University. “The concept was that it was supposed to be used to restore blighted inner city and inner-ring suburbs. To me, the key question is (whether) the area is blighted and is in need of this kind of public support in order to get turned around. When people get carried away with these things, there is eventually going to be a backlash.”

    David Merriman, an economist at Loyola University in Chicago, estimates that more than half the states now use some form of TIF. “TIFs are almost always a bad idea,” says Merriman, who has studied the effects of the law. “The research we did was on cities in the Chicago metropolitan area. Our conclusion was that cities that have TIF actually grew more slowly than cities that didn’t have TIF. The reason we think that this happened is that by using TIF you are essentially stealing from the rest of the city to concentrate on a few areas that you’re trying to develop. So it’s actually costly to the city. You’re moving development around in an inefficient way.”

    The Fenton Crossing project is being developed by Sansone Group, one of the most prominent TIF players in St. Louis County. Sansone built the Promenade on Brentwood with the help of TIF. The same developer is currently involved in controversial TIF projects or proposals in Hazelwood, Eureka, Rock Hill and Olivette.

    Last year, the city of Fenton expanded its TIF district to include the hill on the other side of Highway 30. The plan also calls for the redevelopment of the existing Wal-Mart and Shop ‘N Save stores in the old downtown section. Altogether, the Fenton proposal has ballooned to a projected cost of almost $193 million, with more than $50 million in public funds coming from the TIF designation.

    PGAV Urban Consulting, a St. Louis-based firm specializing in TIF-related matters, prepared the redevelopment plan for the city of Fenton. PGAV and other consulting firms have honed the art of defining large tracts of land — hillsides or already developed commercial areas — as blighted or in danger of blight so the areas can be designated TIF districts. As mentioned, the Fenton TIF district calls for the redevelopment of the existing downtown section, and PGAV’s study cited a deteriorating infrastructure — including a cracked Taco Bell sign — as sufficient indication that the area was drifting toward blight. That was deemed enough to justify a TIF-district designation, including the undeveloped hillside near the highway. The proposed plan allocates only about $4.5 million of the budgeted costs to spruce up the Olde Towne downtown section. More than $47 million in TIF, on the other hand, will go toward clearing the land to make way for the new developments on either side of the intersection of Highway 30 west of Route 141.

    The Fenton redevelopment plan writes off the existing downtown area as obsolete, a throwback to the 19th century, and endorses enlarging the city’s commercial strip through westward expansion. “In contemporary terms, attracting commercial and mixed-use development means that parcels of sufficient size with appropriate width and depth dimensions, appropriate site topography, and appropriate access must be available,” according to PGAV’s redevelopment plan. “Such parcels must be located along and have easy access to major roadways and have excellent visibility from these roadways.”

    G.J. Grewe is the other developer involved in the project. Similar to the Sansone’s Dierbergs project, the opposite hillside will be blasted away to create a level area for another strip mall and parking lot. Ironically, the name of the new development is to be Gravois Bluffs.

    James E. Mello, the attorney for Grewe, says that the use of TIF is appropriate in the Fenton development and elsewhere. “There has always been government participation in economic development. TIF doesn’t change that,” says Mello, a partner in the law firm of Armstrong, Teasdale, Schlafly and Davis. “It’s always been there in one form or another. You had tax abatement. You had federal grants. Those programs don’t exist anymore.”

    Mello, a former Ferguson city manager, is a director of the Missouri Tax Increment Financing Association, a group dedicated to the use of the state statute to its legal limits. As a lawyer who specializes in municipal issues, he bristles at the idea that TIF is being misapplied in this case. “I think you really got to look not at the tool that’s being used,” says Mello, “but the public purpose of trying to maintain your economic base and strengthen it. Sometimes it is a public-private partnership that has to be used to accomplish that.”

    Nothing in the law now precludes a city from annexing a proposed TIF district. Nor does the statute prohibit a municipality from subsequently using dynamite to blow away hillsides that stand in the way of economic progress. But is this what the law intended? Salsich, the law professor, issues a caveat in this respect. “My question is (whether) the area is blighted,” he says. “There is nothing wrong with the idea itself. You’re basically using the taxes to pay for infrastructure in that spot. But, if it gets misused, you’re not accomplishing your purpose.”

    By rearranging the geological structure of the area, Fenton has laid rightful claim to the regional frontier of TIF development.

    In the inner-ring suburbs of St. Louis County, TIF subsidies are used for another questionable purpose, the buyout of homeowners at exorbitant prices. The law allows for the artificial inflation of property values at taxpayers’ expense. By manipulating residential-real-estate market forces, TIF creates a different kind of upheaval — the displacement of human populations. The proposed project in Olivette is a good example of this unacknowledged diaspora.

    According to plan, Chickasaw Drive is crumbling a little bit at a time, like the chink in the pavement under the front left tire of Irv Zeid’s red Toyota.

    In 1956, when the street was new, Zeid and his family moved into their ranch-style home in Arrowhead Park, shortly after the Olivette subdivision opened. In those days, he commuted to work at the family-owned furniture and clothing store in North St. Louis. At home, his wife and he raised two sons, who attended nearby Hilltop Elementary School. The school acted as a common bond for residents of the neighborhood, and Zeid became more involved in the community as a subdivision trustee. Later, he ran successfully for a seat on the city council. The license plates on his Toyota identify him as Mayor Z, in honor of his one-year term as municipal leader between 1975 and 1976.

    At 70 years of age, Zeid looks back on his civic career with pride. He has served on every conceivable municipal board or panel, and confronted an array of local issues, from annexations to potholes. “I still have a constituency,” he says, seated in the dinette of his Arrowhead Park residence. The half-drawn drapes allow natural light to filter through a cracked picture window. In the living room, oversized ceramic lamps harken back to an earlier suburban era, as does the chandelier, which resembles an inverted space-age menorah. Mayor Z, as he refers to himself, says he would like to buy new carpeting and furniture and replace the gutter and rotting fascia on the front of the residence. He would like to fix up the house, but his plans for renovating have been put on hold for nearly two years.

    It’s not altogether clear how long Mayor Z’s self-proclaimed constituency will remain intact, either. Like those of his neighbors throughout Arrowhead Park, Zeid’s life is in limbo; the same uncertainty faces residents of the adjacent subdivisions of Hilltop Woods and Fairlight Downs.

    As he explains his predicament, he leans his elbows on the pile of newspapers on top of the dinette table and describes how the stress has taken its toll. For more than an hour, a half-filled cup of black coffee is left untouched as he continues to talk. The man sitting at the dinette table looks older than the one in the family portrait on the wall. With each new tale, it becomes more evident that Mayor Z, in his current role of subdivision trustee, is facing the most disturbing quandary of his political career.

    “It’s made me sick to my stomach,” says Zeid. “I’ve now got a spastic colon. From day to day, it can cause me a lot of problems.”

    Zeid, who has devoted a lifetime to his community, now favors wiping his neighborhood off the map, including his own house. He is not alone. His views are shared by the vast majority of the nearly 300 homeowners located on an 85-acre tract of land north of Olive Boulevard between Interstate 170 and Price Road. All of these residents have been persuaded to sell their homes because the TIF subsidy allows the developer the luxury of buying the property at prices far above the going rate.

    As in Fenton, the Olivette development is being driven by Sansone Group — in this case, through a partnership with THF Realty. The proposal includes building a Wal-Mart, Sam’s Wholesale Club, Shop ‘N Save and a Lowe’s or Home Depot.

    Last month, the city finally signed a memorandum of understanding with the developer to permit up to $38.9 million in TIF financing for the proposed Wal-Mart project, which has a total projected cost of between $107 to $111 million. In other words, more than a third of this private development will be financed with public funding. The Olivette TIF Commission will next meet on June 9 to consider approving the proposal.

    Requesting TIF assistance has become a routine operating procedure for developers like Sansone. But there is a continuing debate over the efficacy of the law. As one St. Louis County municipal official put it: “I believe there have been abuses of TIF in St. Louis County. In this day and age, every developer comes to town with his or her hand out. They’re looking for that subsidy that is known as tax-increment financing.”

    Supporters of TIF, on the other hand, argue that the law allows economic development in areas that would otherwise go begging. Zeid, for example, defends the Olivette TIF proposal on the grounds that the city has no other way of increasing its tax base because there is no room for it to expand further. “The city needs the money,” he says. “The only way to do it is to get commercial in here.”

    The developers concur with Zeid, arguing that the expense of building shopping centers mandates governmental assistance. “If it were not for TIF,” says Jim Lewis of THF, “these projects would never come close to happening. You can’t buy 280 homes and make the numbers work for any type of a shopping-area development. You’re subsidizing private development because the numbers would never work without a subsidy.” Lewis’ statements sound reasonable except for a crucial detail — the TIF statute was designed to address blight, not to buy out perfectly livable residential property.

    In attorney Mello’s view, the rationale for defending TIF may change with the terrain or the clientele, but its rewards remain immutable. In Fenton, where he represents a developer’s interests, the Armstrong-Teasdale lawyer asserts that the city needs to expand its borders to pursue its economic destiny. In Olivette, where he represents residents aching for a buyout, a neighborhood is worthy of condemnation to accommodate market forces. TIF can be equally exploited in both locations.

    But critics maintain that suburban retail TIF developments don’t really create new economic activity. Instead, they purloin a portion of the pre-existing tax base from neighboring cities. With municipalities throughout St. Louis County vying for their share of sales-tax revenue, TIF has become an incentive for competing cities to snatch a bigger piece of the pie.

    To Lee Brotherton, an Olivette resident, TIF is a bane to the St. Louis-area economy. “It seems to me that the city of Olivette ought to pay a little more attention to the debate that’s been going on in this region now for at least a decade about trying to eliminate the pointless, unproductive profit system between the municipalities, the simple tax grabs that don’t benefit our community,” Brotherton told the Olivette TIF Commission at a hearing in April.

    Brotherton is a former aide to St. Louis County Executive George “Buzz” Westfall; he currently serves on the East-West Gateway Coordinating Council, the regional planning agency. “Where is this new revenue that is going to be captured coming from?” asks Brotherton. “Is it coming from Overland? In the long run, (this) is not going to be a benefit to the people of Olivette or to the people of the St. Louis area. It’s bad public policy and it’s bad government.” Brotherton adds that there are ample shopping outlets within minutes of the proposed Olivette development, including the Target store in Brentwood — another Sansone TIF development.

    Following his public comments, Brotherton expanded on his criticism of the Olivette TIF proposal. “It’s clear that the people running the city government decided long ago that they were going to have a TIF development,” says Brotherton. “It is also clear that they made absolutely no effort to weigh whether or not this was good for the area in general. As an Olivette resident, I care about Overland and I care about the other surrounding communities, and this is short-term gain and long-term loss. It’s really insulting to propose this development. I mean, we have the opportunity to have a Wal-Mart? Now a Wal-Mart by any other name is still a Wal-Mart. We don’t need another big, ugly warehouse in our community. We need a stronger regional economy. That’s the bottom line.”

    Whether cash-strapped cities see TIF as a panacea or a necessary evil, the results are the same: Established neighborhoods are being destroyed, falling prey to TIF subsidies, which allow Sansone, THF and other developers to buy out property owners at above market value.

    To be decreed a TIF district, the law requires the area be designated an economic-redevelopment zone and be declared blighted or tending toward that end. Arrowhead Park falls in the latter category, having been defined under TIF to be a “conservation area.” To qualify as a “conservation area” under the TIF statute, 50 percent of the housing stock within the TIF district must be 35 years of age or older. In the aging, inner-ring suburbs of St. Louis County, this criterion can be easily met. It is a loophole in the law large enough to drive a bulldozer through.

    When a municipality becomes bent on pursuing a TIF project, the whole process becomes a self-fulfilling prophecy. All investments are put on hold. Home sales halt. Roofs are not replaced. Houses aren’t painted. Additions aren’t built. Normal life comes to a standstill. Years may pass.

    Meanwhile, property taxes get spent elsewhere, as everyone waits for the deal to go down. Each inaction reinforces the next. The Olivette TIF proposal, for instance, points to the deteriorating streets — the chink in the street in front of Zeid’s house — that the city itself has refused to repair. Since signing options to sell their properties, many homeowners have already relocated and rented out their former residences. The Olivette TIF proposal cites the increase in decaying housing and rise of rental units as another sign of deterioration. The neighborhood is in the process of destroying itself, with the assistance of the city and TIF.

    Zeid finds himself caught in the middle, having taken on the role of a behind-the-scenes negotiator. “I’m kind of frustrated because I think the developers are using me, as well as the city,” he acknowledges. “The city knows I’m in contact with the developers, and they can use me to try and get their points across and vice versa.”

    It all began in July 1997, says Zeid. While he was busy carrying out his duties as an organizer for Olivette’s annual Summerfest celebration, Sansone Group, through a third-party real-estate agent, was quietly obtaining options to buy the houses on the 30-acre tract that fronts Olive Boulevard. The Sansone proposal would have left Zeid and his neighbors surrounded by commercial and industrial property.

    After word of the deal was leaked by St. Louis Post-Dispatch columnist Jerry Berger, Zeid and his fellow subdivision trustees convinced the Olivette City Council that Arrowhead Park should be included in the development. The subdivision then hired Mello. Meanwhile, a competing effort was under way by THF Realty, which contacted the Armstrong-Teasdale law firm and started buying options on houses in Arrowhead Park, says Zeid. Ultimately, the two competing developers formed a partnership to develop the entire 80-acre tract.

    “When the city was starting to negotiate with both developers, they were trying to play one developer against the other, trying to get the best deal for the city,” says Zeid. “Nobody ever thought they would merge, because these guys were known not to have a fondness for each other.”

    The partnership, indeed, seems to be a marriage of convenience. Sansone Group possessed the bulk of the sales options on the front half of the needed property but had failed to include Arrowhead Park in its proposal. This left THF an opening. Michael Staenberg and E. Stanley Kroenke own THF. The latter developer holds an interest in the St. Louis Rams football team. More important, he sits on the board of directors of Wal-Mart, and his wife is the niece of the late Sam Walton, the founder of the retail behemoth. Forbes magazine recently estimated her worth at more than $600 million.

    That Kroenke is married into the Walton family is merely a coincidence and has nothing to do with his realty company’s efforts to build a Wal-Mart in Olivette, says Lewis, the spokesman for THF in St. Louis. “We have no tie to Wal-Mart other than we’ve developed a lot of shopping centers with them,” he says.

    Using TIF money to raze hundreds of houses to make way for a Wal-Mart is an idea that astonishes Merriman, the Loyola economist. “That’s insane. If people are living in the houses, there is no way I would think that (possible),” he says. “A lot of times TIFs have moved very far from the original intent. That’s one of the things that I find disturbing. You start out with this law that makes some sense, even (that’s) debatable, and then the way that it’s implemented makes no sense.”

    In a position paper released in April, the East-West Gateway Coordinating Council, the regional-planning agency, acknowledged the problems endemic to TIF. “In the mobile regional marketplace, many local governments are vulnerable to pressure from private developers to make tax increment financing available in order to ‘win’ new jobs, retail activity, and associated sales tax revenues,” says the report. “In the absence of other tools and enforcement standards regarding its use, TIF districts are cropping up throughout the region in areas in which evidence of blight and distress is scant or non-existent. Nor is it always defensible that public sector intervention in the market is necessary in order for the redevelopment to occur.

    “If the region is going to stabilize the industrial and commercial areas which are truly blights on the economic landscape, TIF must be targeted to its originally-intended use. Individual local governments acting alone cannot make this happen. It requires both statutory and procedural changes and a long-term commitment to more sweeping reform.”

    East-West Gateway recommends the following changes to the TIF law:

    *Blighting for TIF developments should be restricted to economically distressed areas.

    *Public-sector-intervention standards should be established and enforced.
    *TIF proposals should be approved by an objective third party.
    *TIF-district boundaries should not extend beyond the area found to be blighted.

    *Cost-benefit-analysis requirements should be more stringently applied.
    Anthony F. Sansone Sr., the patriarch of the Sansone Group, will never be displaced or disturbed by a TIF project. The 73-year-old developer is far from the bulldozers’ roar, ensconced in the tony St. Louis County suburb of Huntleigh, where, according to St. Louis County property records, he occupies a 15-room mansion that has seven baths and a market value of almost $1.5 million.

    Reaping TIF benefits is but the latest good fortune to befall Sansone, whose financial affairs have flourished in the gray realm where private interests and public policy come together. Over the years, newspaper accounts have alleged a litany of improprieties from which Sansone Sr.’s business interests have reportedly profited. Many of the accounts contain references to associations with political and organized-crime figures.

    For instance, in 1964, Sansone acted as campaign manager for his business partner, Alfonso J. Cervantes, who successfully ran for mayor of St. Louis that year.

    Once in office, Cervantes named Sansone Sr.’s brother to the influential post of city assessor. Prior to this appointment, Joseph C. Sansone was a partner with Anthony Sansone Sr. in the family’s real-estate business. By 1967, Sansone Realty Co., then located at 4705 Hampton Ave., had its property taxes rolled back by more than 50 percent, according to a story in the St. Louis Globe-Democrat.

    A 1970 Life magazine story, by former Globe-Democrat reporter Denny Walsh, focused national attention on Cervantes’ relationship with Sansone Sr. The story told, among other things, how Sansone arranged a 1964 campaign-strategy session between his father-in-law, Jimmie Michaels, then head of the Syrian organized-crime faction in St. Louis, and Cervantes. After Cervantes won the mayoral primary, the Life story reported that Sansone Sr. later attended another strategy meeting with Michaels and Anthony “Tony G” Giordano, then the leader of the St. Louis Mafia. After publication of the Life story, Sansone denied in news accounts that the meetings took place.

    Sansone’s associations drew additional scrutiny in 1972, when he appeared as a witness in a federal anti-racketeering trial in Los Angeles. Under oath, he testified that in 1967 he had withdrawn a $150,000 investment in the Frontier Casino in Las Vegas, after being notified he would be required to apply for a Nevada gaming license. Federal prosecutors had alleged that Mafiosi in St. Louis and Detroit were trying to gain illegal control of the casino. Sansone, the prosecutors alleged, traveled to Las Vegas with Giordano to make the investment. Sansone denied the charge but testified that he was acquainted with Giordano through family ties.

    With the passage of time, however, these eyebrow-raising headlines have been mostly forgotten, and the Sansone Group, as it is now known, goes about its business with little publicity. News stories that chronicle TIF projects are buried in the business section of the daily newspaper or relegated to the pages of the neighborhood weeklies. At the same time, the abuse of TIF keeps pressing the envelope of legality.

    In Hazelwood, Sansone is involved in the redevelopment of the Elm Grove Plaza on Lindbergh. The proposal includes the demolition of 10 houses, with a TIF subsidy of $2.5 million on a $12 million project. In Eureka, Sansone has teamed up with Prime Retail Inc. and is set to begin building an outlet mall with a $35 million TIF subsidy. In Rock Hill, Sansone has been given the go-ahead for a 25-acre development at the intersection of Manchester and McKnight roads. The proposed $24 million mixed-use TIF project would raze 125 middle-income housing units and replace the existing neighborhood with a strip mall and luxury condominiums costing from $200,000-$300,000 each.

    “Development is our business,” says Doug Sansone, a spokesman for Sansone Group. He declined any further comment, saying that members of the family-controlled company didn’t want to be quoted for fear that they would be portrayed in a negative light.

    Space exists at a premium in the retail-development world, a world measured in dollars per square foot. “Big box,” “mega mall,” “power center” and “category killer” are all part of the real-estate jargon that describes the alterations that society is undergoing to fit the expansion of the market economy into the next millennium.