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Thread: Melvin Scherrer Sentenced to Life in Prison in 2012 MO Murder of Sam “Tick” Francis

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    Melvin Scherrer Sentenced to Life in Prison in 2012 MO Murder of Sam “Tick” Francis


    Sam “Tick” Francis




    Appeals court orders judge to grant continuance in Scherrer case

    It appears Melvin Scherrer’s trial for the December 2012 murder of Sam “Tick” Francis will not be held at the end of this month.

    The murder trial had been scheduled Jan. 25-29 in St. Francois County. Scherrer, of rural Bonne Terre, is charged with first-degree murder, armed criminal action, felonious restraint, abandonment of a corpse and tampering with evidence and is facing the death penalty.

    On Tuesday the Eastern District of the Missouri Court of Appeals ruled Circuit Court Judge Sandy Martinez should have granted Scherrer’s public defender’s motion for a continuance.

    The St. Francois County Prosecuting Attorney’s Office is reviewing the ruling and determining whether to appeal to the Missouri Supreme Court.

    In December his public defender, Cynthia Dryden, filed a motion for a continuance and then filed a writ to prevent Judge Martinez from requiring her to “try without delay a capital case she is unprepared to take for trial.”

    Prosecutors have had problems prosecuting the case because Scherrer is in federal custody. In December of 2014 he was sentenced in federal court to 30 years in prison for drugs and weapons charges.

    On Aug. 20 his previous attorney filed a motion for a speedy trial. Scherrer has refused to withdraw this motion and waive his rights to a speedy trial.

    However, despite his wishes, Dryden filed for motions for a continuance because she needs additional time “in order to provide Scherrer with effective assistance of counsel.” Dryden claims the judge wrongly denied her motion because there is “good cause” for a delay in trial.

    One big problem was that the federal government or Interstate Agreement on Detainers (IAD) only allowed the prosecutor’s office 120 days from the time he was placed in local custody to try the case or it seemingly would have to be dismissed or continued indefinitely. The judge set the case for trial in January so the trial would fall within the 120-day period but she also hoped that by doing so the appeals court would intervene with guidance on how to proceed.

    The appeals court has now ruled that the IAD was erroneously interpreted because Dryden showed good cause for a delay. “Scherrer’s rights under the IAD do not prohibit the granting of (Dryden’s) request for additional time when good cause is shown,” the document states.

    The court ruled that a reasonable continuance of Scherrer’s trial date is permissible and appropriate. It is not known when Scherrer’s next court appearance will be.

    http://dailyjournalonline.com/news/l...b6a7c4586.html
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    February 1, 2018

    Judge hears motions

    By Jacob Scott
    dailyjournalonline.com

    Appearing in person at the St. Francois County Courthouse on Wednesday, the rural Bonne Terre man charged with the 2012 murder of Sam “Tick” Francis heard Judge Sandra Martinez consider several motions entered by his defense counsel.

    Melvin Scherrer’s two-week jury trial is currently scheduled to begin on May 14.

    Among the more than 20 motions presented by the defense of Scherrer, Judge Martinez overruled more than half.

    First, Judge Martinez sustained a motion for the state to produce arrest records of witnesses to the defense in the next 30 days. A motion was also sustained giving both the state and defense 30 days to endorse witnesses for the penalty phase of the trial.

    The defense also filed a motion for the court to order Scherrer to receive medical treatment for an illness the defense said Scherrer suffers from, called hemochromatosis, which results in iron buildup in the bloodstream.

    Scherrer’s attorney, Cynthia Dryden said progress had been made that might make the court’s order unnecessary. Judge Martinez deferred ruling on the motion, saying the defense could return within 30 days if the order was needed.

    Next, Dryden described the reasoning for a motion filed to suppress evidence obtained during a January 2013 search of Scherrer’s home. Dryden said the search warrant that authorized the search was obtained by the Missouri State Highway Patrol in connection with Francis’ disappearance.

    Dryden said that in addition to the patrol conducting the search, federal agents with the FBI, ATF, DEA and possibly other agencies also took part in the search, likely in connection to a separate drug investigation.

    Scherrer was sentenced to 30 years in prison on federal meth conspiracy charges in April of 2015 as a result of that investigation.

    Dryden said the returned search warrant had not been correctly filed with the circuit court clerk after the search was executed, apparently by mistake. The return warrant was apparently located in the clerk’s office, having been marked that it had been received late in the evening on Jan. 29, 2013.

    Judge Martinez said the defense was presenting two concerning issues, being whether the return warrant was filed at all and whether the conducted search exceeded the scope of the warrant. She said she perceived an additional third issue, being whether the federal agents had confiscated any evidence during the search that might aid either the defense or the prosecution.

    Dryden pointed to a subsequent April 2013 search which apparently produced “Gorilla Tape” taken from Scherrer’s home that reportedly did not match the tape used to bind Francis. She said it is important to know if further exculpatory evidence, or evidence pointing to Scherrer’s innocence, exists.

    Dryden said she had attempted to obtain information about confiscated evidence from the federal agencies but had no luck. Martinez ordered St. Francois County Prosecuting Attorney Jerrod Mahurin to attempt to obtain information from the federal authorities about materials confiscated in the search. Mahurin asked the judge for 30 days to make the inquiries, which the judge granted.

    Next, Judge Martinez heard a motion to order the state to supply the defense with the arrest records of jurors before the trial.

    “The state is not entitled to more information about the jury than the defense,” Dryden argued.

    Mahurin said that according to state law, he can not provide the defense with full, printed information from the Missouri Uniform Law Enforcement System (MULES).

    The judge said both the defense and prosecution had valid points. She sustained the motion and asked Mahurin to look into ways to efficiently and legally produce a form of the information for the defense.

    Dryden next described a motion to submit a questionnaire for use in easily eliminating invalid jurors during initial jury selection. She said her firm had used the questionnaire in other capital cases, avoiding keeping potential jurors at the courthouse for hours during selection.

    Judge Martinez and Dryden discussed specifics, with Judge Martinez saying she would like to get the questionnaire in the hands of potential jurors a month or month and a half before the trial to ensure time remains to bring in additional jurors if necessary.

    Mahurin said he was fine with the questionnaire and the judge sustained the motion.

    Dryden next introduced a motion for the state to provide the defense with the jury instructions at least a week before the trial so the defense could object to and suggest alternate instructions if necessary.

    Mahurin again offered no objection and the judge sustained the motion.

    Next, Dryden introduced a motion to find a state statute unconstitutional regarding claiming mistrial based on the need to strike jurors. Martinez said the law is very clear on the matter and overruled the motion.

    Martinez sustained a motion for the state to disclose “non-statutory aggravating evidence” to the defense.

    Dryden next explained a motion to exclude character evidence of the victim during the penalty phase of the trial. She said that at that point in the trial, the testimony and evidence given should be centered on Scherrer and not the victim.

    Dryden said the defense had compiled negative character evidence about the victim in case the prosecution insisted on entering positive character evidence of the victim, though she asked the prosecution not to do so.

    Mahurin said while some basic victim impact evidence is allowed, he does not intend to rely on such positive character evidence of the victim as to necessitate negative victim character evidence from the defense.

    The defense next objected to the use of victim impact evidence, believing that the state should disclose such evidence it intends to use and to carefully write jury instructions in relation to hearing such evidence.

    Mahurin said based on Missouri statutes, he is not required to disclose victim impact evidence. Judge Martinez overruled the objection based on the statute.

    Dryden next argued that criteria for enhancing a sentence from life in prison to the death penalty, as is being sought in Scherrer’s case, must be based on proof beyond reasonable doubt. She said the allowance of “unadjudicated bad acts,” which will not be the focus of proof-based testimony, should not be allowed.

    Mahurin argued that the court is bound to follow state statutes and that any testimony related to the crime could be brought before the court.

    Dryden also argued that the burden is unfairly placed on the defense to prove that mitigating circumstances, or circumstances that would cause a jury to recommend a lesser penalty, outweighed the aggravating circumstances, or circumstances which would cause the jury to recommend a higher penalty.

    Mahurin again said the court must follow state statutes which do not align with the defense’s interpretation. Judge Martinez overruled the objection.

    Next, Dryden argued that all factors used in determining penalty should be raised to the standard of “beyond a reasonable doubt,” or else the defense would again hold the burden of proof. Judge Martinez overruled the objection.

    Dryden then objected to the first phase instructions to jurors, saying only the first phase requires a unanimous decision, while all following phases should as well. Mahurin again said state statute does not agree with Dryden’s position. Judge Martinez overruled the objection.

    Next, Dryden introduced a motion to quash Scherrer’s indictment due to the unconstitutional discretion of the prosecution in seeking the death penalty. Judge Martinez overruled the motion.

    Dryden then introduced a motion to quash the indictment because the aggravating circumstances were not listed in the indictment. The judge overruled the motion.

    Dryden finally introduced a motion to declare the death penalty unconstitutional in Scherrer’s case. The judge overruled the motion.

    Next, Charles Hoskins, another defense attorney, introduced several motions to strike aggravating circumstances, beginning with the prosecution’s claim that Francis had been killed because of his status as a witness in a felony investigation.

    Hoskins said there was no indication what felony investigation Francis had been a witness to. Mahurin said Francis could have been a witness in Scherrer’s federal drug investigation, but he would be able to provide a more formal response in the future. Judge Martinez denied striking the aggravating circumstance, but ordered the prosecution to specify to the defense what Francis had allegedly been witness to.

    Next, Hoskins argued that the aggravating circumstance alleged by the prosecution and described in state statute as “outrageously or wantonly vile, horrible or inhuman in that it involved torture, or depravity of mind…” is unconstitutionally vague. Judge Martinez overruled the motion to strike.

    Finally, Hoskins said the state alleges Scherrer killed Francis during the commission of another felony, although no specific felony is named that Francis would have been connected to. The motion was again overruled, with Judge Martinez ordering the state to provide more specificity to the defense.

    Scherrer's next appearance in court is scheduled for April 13.

    https://dailyjournalonline.com/news/...29884ed32.html

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    May 10, 2018

    Three St. Francois County Murder Trials Delayed

    mymoinfo.com

    (St. Francois County) It’s been a frustrating couple of weeks for St. Francois County Prosecuting Attorney Jerrod Mahurin. Mahurin was set to take on three different murder trials this spring, but all three have been delayed. He tells us what led to the delays regarding the trials of Anthony Caruthers, Paul Jinkerson Junior and Melvin Scherrer.

    Mahurin says they should be able to have the trials for Caruthers and Jinkerson before the end of the year, but it may be next year before the Scherrer murder trial takes place. Hear more with Mahurin on these cases by clicking on the link below.

    https://www.mymoinfo.com/2018/05/10/...rials-delayed/

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    Scherrer Murder Trial Delayed

    By MyMoinfo

    (St. Francois County) The St. Francois County Prosecuting Attorney’s Office has hit a roadblock concerning the Melvin Scherrer trial. Melissa Gilliam is the prosecuting attorney and says this latest delay is unfortunate.

    But Gilliam says Scherrer isn’t going anywhere.

    The case has been reset for trial in February of next year.

    https://www.mymoinfo.com/2019/09/12/...trial-delayed/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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    Scherrer Found Guilty Of Murder

    By MyMoinfo

    (Farmington) A St. Francois County jury has found Melvin Scherrer guilty of numerous charges.

    The jury returned guilty verdicts on Friday on charges of murder in the second degree, armed criminal action, felonious restraint and abandonment of a corpse.

    The four day trial was presided over by Judge Jerel Lee Poor the Second and prosecuted by St. Francois County Prosecuting Attorney Melissa Gilliam and Assistant Prosecuting Attorney Matthew Brown.

    Sentencing for the former Bonne Terre man will be held on May 6 at 2 o’clock.

    Scherrer was charged in connection with the death of Samuel “Tick” Francis back in December of 2012.

    https://www.mymoinfo.com/scherrer-fo...lty-of-murder/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Scherrer sentenced to life in prison for murder of Sam 'Tick' Francis

    By Bobby Radford
    Daily Journal

    An area man has been sentenced to life in prison after a St. Francois County jury found him guilty of murdering a man in December 2012.

    Melvin J. Scherrer Jr., of rural Bonne Terre, appeared before Circuit Judge Jerel Lee Poor II on Friday to be sentenced for second-degree murder related to the death of Sam "Tick" Francis, a tattoo artist with local ties.

    Police discovered Francis' body on July 25, 2013, decomposing in the septic tank of a then-vacant property outside Bonne Terre with black Gorilla brand duct tape wrapped around his head and used to tie his arms behind his back.

    Scherrer was charged with the first-degree murder in September 2013. After years of delays, a jury trial was finally held and the jury found the man guilty on Feb. 18 of second-degree murder, armed criminal action, felonious restraint, and abandonment of a corpse.

    Missouri State Public Defender Cynthia Dryden represented Scherrer at trial and at his sentencing hearing. St. Francois County Prosecuting Attorney Melissa Gilliam and Assistant Prosecuting Attorney Matt Brown tried the case and represented the state at Friday's hearing.

    During Friday's sentencing hearing, the prosecution asked the court to sentence Scherrer to the maximum on each count — 56 years total. The defense argued for the minimum sentences, including 10 years on the second-degree murder count, and three years for armed criminal action.

    Before the sentences were read, the court heard from four members of Francis' family who made victim impact statements.

    Gary Francis, Sam Francis' father, appeared emotional on the stand as he recalled his son telling him that if he were to ever be found murdered, Scherrer would be the one who would have done it.

    Gary Francis recalled the day police came to his farm informing him that they had located a body. He said the officers had not yet positively identified the body, and he remained hopeful that his son was still alive. Authorities later confirmed the identity, and Gary Francis and his wife, Donna, began praying for justice in their son's death.

    Struggling with a failing heart, Donna Francis would not live to see that justice served nearly a decade after her son's murder, as her husband explained to the court.

    "Donna died with a broken heart," he said.

    Rodney Kyle, Sam Francis' cousin, expressed his desire to see Scherrer receive the maximum punishment, saying he hoped his cousin's murderer "dies behind bars a caged man…"

    Another cousin of Sam Francis', Robert Francis, spoke about the positive contributions his cousin had made to their Cherokee tribe, reviving the art of traditional Native American tattooing to the indigenous community. He said Sam Francis had also constructed their sacred clay fire pit, holding a sacred flame which Robert Francis still tends to several times each day.

    Jason Francis, Sam Francis' brother, went before the court to make a statement, noting that he had "thought about this day for a long time." He said he wouldn't be saying a lot about Scherrer, as his mother always taught them that if they can't say anything nice about someone, to not say anything at all.

    Jason Francis said his father always taught them to make good decisions.

    "I'll never get to see [my brother] again because someone made bad decisions," he said.

    Following the family's comments, the defense made their case for the minimum sentences, presenting the court with a neuropsychological evaluation performed on Scherrer in 2017.

    The examination reportedly showed Scherrer suffered from several conditions, including one that meant the man suffered from "really bad verbal comprehension." Dryden said this made it very difficult for her client to speak with his defense and other members of the judicial process.

    Dryden had motioned the court for an acquittal and a new trial before the sentencing, but Judge Poor denied those motions.

    Ultimately, Judge Poor went with the state's recommendation, handing down a sentence of life in prison for second-degree murder, 15 years confinement on the count of armed criminal action, seven years plus a $5,000 fine for felonious restraint, and four years plus a $5,000 fine for abandonment of a corpse.

    The judge ordered that the sentence be served consecutively for a total of 56 years in prison.

    "I am very pleased that Melvin Scherrer was sentenced to the maximum time in prison that is allowed under current Missouri law," Gilliam said following Friday's hearing.

    The jury trial in the case against Scherrer began on Feb. 15. Several of Francis' relatives attended throughout the four days.

    The prosecution's stance at trial was that Scherrer murdered Francis by taping his head with Gorilla brand tape and forcing him into a truck toolbox, leading to the man's death by suffocation.

    The defense would argue reasonable doubt of Scherrer's guilt in the case existed as they said it could not be proven that Francis did not die from methamphetamine intoxication. The defense would also attempt to raise doubts about the validity and truthfulness of key witness testimony.

    After opening statements from both sides, jurors began hearing testimony from state witnesses.

    The prosecution called 11 witnesses to the stand, including Otto Plopper, who testified he was present at Scherrer's house when Francis was attacked and killed.

    Plopper said he went with Scherrer to pick Francis up from a Festus bar at about 2:30 to 3 p.m. that afternoon before they went to Scherrer's house so Francis could perform tattoos during a tattoo party.

    At some point, Plopper said he left the house and went to his home in Goose Creek. He said he later received a call from Scherrer, asking him to come back to the house and help because someone was trying to rob him. Plopper said he didn't go at first because he thought Scherrer was playing games as he had received similar calls in the past. He said Scherrer called about four to five times before he decided to go back.

    Plopper recalled walking inside and noticing the house was a mess. He said he went to the living room and saw Francis by the fireplace with his hands tied behind his back.

    Plopper said that Scherrer had his shirt off, appeared to be frothing at the mouth like a dog with rabies, and had a baseball bat in his hands. He testified that Scherrer hit Francis' legs with the bat, and Brent Bouren hit the man in the face with his fist. Plopper said he saw Bouren kick Francis in the face when the man was on the ground a short time later.

    Plopper went on to testify that he, Scherrer, and another person present, Dustin Eyerly, retrieved a truck toolbox from Scherrer's truck and brought it inside. He said Scherrer made Francis get inside the toolbox, and Bouren was standing next to the box with a gun in his hand. Plopper then recalled Scherrer wrapping Francis' head with Gorilla tape, starting at his mouth and wrapping the tape all the way up to the man's head and over his hat. He said Francis did not appear to move much or struggle while the tape was wrapped around his head.

    After the tape was applied, Plopper said Scherrer made Francis lie down in the toolbox before closing the lid. He said he heard kicking and gurgling sounds, but the sounds stopped after about 10-20 minutes. He mentioned that he, Scherrer, Bouren, and Eyerly started cleaning the house while the box remained inside. He said Bouren left the residence about an hour after Francis was made to get inside the box. He said after Bouren left, they continued using cleaning products to clean the house for approximately another hour before moving the toolbox back to Scherrer's truck. He noted that Scherrer backed the truck up to the porch, they slid the box from the porch into the truck's bed, and he did not hear or feel any movement inside the box.

    According to his testimony, Plopper and Scherrer then left in the truck and drove around until they found a vacant house in Bonne Terre with a real estate sign in the yard and a concrete septic tank in the back. He said they dragged the toolbox off of the truck and dumped Francis' body in the septic tank after removing a concrete block covering an access hole. From there, Plopper said they went to Scherrer's uncle's house, where they burned some of Francis' clothes inside of a dryer. He mentioned that Scherrer took the chip out of Francis' phone and tossed it.

    Next, Plopper said he went with Scherrer to a car wash to clean blood out of the truck bed and then went back to Scherrer's house.

    Francis' body was eventually located after Plopper agreed to cooperate with investigators, eventually leading them to the property outside Bonne Terre, where they had placed the body.

    As part of a plea deal, Plopper was later charged with abandonment of a corpse. He pleaded guilty to the charge and received five years probation. He violated his probation and was given a four-year prison sentence, which he has since completed.

    Bouren pleaded guilty in 2015 to amended charges of second-degree assault and felonious restraint, both Class C felonies, and received a two-year prison sentence.

    Other key testimonies came from Missouri State Crime Lab investigators, including a lab technician who testified about her analysis of a carpet tacking strip recovered from under the carpet near the fireplace in Scherrer's living room. The technician said she found blood on the strip, which, when tested, showed a partial DNA profile matching Francis' blood. The prosecution noted that the carpet tacking strip was recovered from the exact location where Plopper said he initially saw Francis with his hands tied.

    https://dailyjournalonline.com/news/...c28a5e9e5.html

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