April 16, 2013

Oliver requests depositions from Nixon, others

NOREEN HYSLOP - nhyslop@dailystatesman.com
Pictured above is the Revenue Office in Dexter on a routine business day. A lawsuit was filed regarding the issue of scanning personal documents originated at the local Licence Bureau after an Advance man attempted to obtain a concealed weapon permit.
NOREEN HYSLOP - nhyslop@dailystatesman.com Pictured above is the Revenue Office in Dexter on a routine business day. A lawsuit was filed regarding the issue of scanning personal documents originated at the local Licence Bureau after an Advance man attempted to obtain a concealed weapon permit.

By COREY NOLES

Statesman Staff Writer

Several developments occurred Monday regarding the civil suit filed by Eric Griffin of Stoddard County against local License Bureau Fee Agent Elizabeth Rowland.

Presiding Judge Robert Mayer filed an order for change of judge with the Missouri Supreme Court on Monday. The Supreme Court will now appoint a new judge to hear the case. The judge could technically be any judge within the State of Missouri, but typically a judge from the region of the case is chosen.

No reason was given for the recusal.

In other news, Russell Oliver, attorney for Plaintiff Eric Griffin, filed notices requesting depositions from numerous high-ranking officials.

Missouri Governor Jeremiah "Jay" Nixon is among those named. It's unclear whether Nixon would be required to come to Stoddard County to be deposed.

Depositions are also being requested from:

* Brian Long, Dept. of Revenue Director who stepped down from his position on Monday, April 15.

* Alana Barragan-Scott, who served as Director of the Missouri Dept. of Revenue from 2009-2012.

* John Mollenkamp, Deputy Director of the Missouri Dept. of Revenue.

* Nancy Lepper, Special Assistant in the DoR Division of Motor Vehicle and Drivers Licensing.

* Ruth Otto, Revenue Manager for DoR Division of Motor Vehicle and Drivers Licensing.

* Brad Brester, Administrator of Drivers License for DoR.

* Norma Hensiek, former Revenue Manager for Drivers License Bureau of DoR.

* Jackie Bemboom, current Director of the DoR Division of Motor Vehicle and Drivers Licensing.

Also on Monday as expected, Oliver filed his motion for re-hearing on the preliminary to produce additional evidence. He stated last week that the information revealed during hearings in Jefferson City has shown that the DoR was, in fact, aware that the personal information of individuals, specifically CCW holders, had been handed over to the federal government on two occasions.

During a Stoddard County hearing in March requesting an injunction in the case, it was stated repeatedly that the information was NOT being sent to the federal government.

Griffin filed the suit following a trip to the license bureau during which he was told that his documents -- birth certificate, Social Security number, and concealed carry permit -- would be scanned by the license office. He was then informed that if he did not allow the documents to be scanned, he would not receive his endorsement.

He then retained Russell Oliver as his private counsel and sued Rowland over the department's policy.

Griffin, through his attorney, alleged that the requirement of scanning documents created an illegal hurdle for all applicants.

With the depositions phase now getting underway, no hearing is currently scheduled in the case.

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