Nominees for St. Louis County top prosecutor face grilling from council members

Missouri Gov. Mike Parson’s nominee for St. Louis County prosecuting attorney, Melissa Price Smith, spent the meeting demonstrating her experience. Page’s pick, former prosecutor Cort VanOstran, defended his qualifications against skepticism from the council.

But who gets to pick the next prosecuting attorney is up to a judge. Missouri Attorney General Andrew Bailey sued St. Louis County, arguing the governor gets to choose who fills the term of Prosecuting Attorney Wesley Bell, recently elected to Congress. Page and county attorneys believe he gets to make the appointment.

Still, councilmembers wanted to get to know the candidates, said council Chair Shalonda Webb, a Democrat from North County, at the committee meeting. They began by asking about experience.

Price Smith has been a prosecutor for the county since 2008. She said she has prosecuted every type of crime, from robbery to rape to child sexual abuse.

“The St. Louis County Prosecuting Attorney’s office, with all due respect to Mr. VanOstran, needs a prosecutor,” Price Smith said.

VanOstran faced critical questions from multiple council members.

“How many cases have you handled where you were first chair?” asked Republican Councilman Ernie Trakas of South County.

VanOstran began qualifying how many cases went to trial in federal court — not many. Trakas interrupted him and reiterated his question: How many trials had VanOstran led?

One, VanOstran said.

The council posed the same question to Price Smith. She said she has been lead counsel for more than 35 felony jury trials, and more as second chair.

Councilmembers asked about managerial experience. Price Smith said she oversees seven attorneys as the supervisor of the office’s sexual assault and child abuse team. Each attorney has at least 150 cases.

VanOstran said he has managed investigations as an assistant U.S. attorney in the Eastern District of Missouri, and he worked with students as an adjunct professor. He also ran a congressional campaign in 2018.

But Councilwoman Rita Heard Days, a Democrat from Bel-Nor, asked VanOstran specifically where he managed lawyers.

He hadn’t supervised any, he said.

Councilmembers asked VanOstran why he resigned from his job before his nomination had been decided by the courts.

Republican Councilman Dennis Hancock, of Fenton, asked if it was presumptuous.

“I certainly don’t mean to be presumptuous at all,” VanOstran said. “But we can’t have a void in the prosecuting attorney’s office.”

Days asked VanOstran about the county executive’s plan to bypass the council if councilmembers don’t confirm him as required by county law. She asked about a Post-Dispatch article reporting Page’s plan.

“I was surprised to read that article,” VanOstran said. “I want to work with the council and win council approval. That is my goal. I am continuing to try to listen to the council and try to understand what the concerns of the council are.”

Democratic Councilwoman Lisa Clancy, of Maplewood, said she had heard concerns about Price Smith. Some worried she might mark a return to a “good old boys” club under former prosecutor Bob McCulloch, Clancy said. Price Smith said while she worked under McCulloch, she was never part of such a club.

“I will focus on diversity,” Price Smith said.

Councilmembers asked what vision the nominees have for the office.

Price Smith said she would make changes in the prosecutor’s office if her nomination withstands a challenge in court.

“Significant changes need to be made, and I know what those changes are, and I will start imposing those changes on day one,” said Price Smith.

The office needs an audit to locate budget problems. It should use its specialized attorneys more efficiently, she said. She would work with judges to create a “rocket docket” focusing on moving low-level felonies more efficiently through the courts. That would help alleviate overpopulation in the jail, Price Smith said.

VanOstran said he would listen objectively to people in the office and take suggestions.

“We will continue the good work that has been going on there,” VanOstran said.

Price Smith said she would also listen to prosecutors in the office, but she already knows what they want.

“They want change. They want a stronger office. They want stronger trial teams,” Price Smith said.

The council has no control over Price Smith’s nomination — she was there as a courtesy, Webb said.

But the council could reject Page’s nomination, which would force him to find a new candidate, or, perhaps, appoint Van Ostran as an interim.

Five councilmembers — Hancock, Days, Webb, Trakas and Ballwin Republican Mark Harder — ended the committee meeting by making a recommendation to the full council to deny VanOstran’s nomination.

The council meets again after the New Year.