Norma Rogers was cuffed to a metal bench in the Texas County Jail.
It was June 20, 2017.
A deputy brought in about five new prisoners for processing.
“What are you in for?†one of them asked the 60-year-old grandmother from rural Wright County.
“Drugs,†she said.
Two years later she still gets upset talking about it.
Rogers, her husband, Arthur, and their son-in-law, William Hale, had been sent to the jail by Associate Circuit Judge Doug Gaston to be drug tested. The Rogers had been sitting in Gaston’s courtroom observing a hearing over the guardianship of their granddaughter.
They weren’t a party to the case, but as the hearing ended, Gaston decided to ask them a question.
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“Are you represented by counsel?†Gaston asked.
They were not. There was some back and forth between Arthur Rogers and Gaston as to whether the grandparents — who weren’t seeking custody — needed an attorney at some future hearing.
Arthur asked a question.
“DON’T INTERRUPT ME,†Gaston bellowed. The hearing was recorded. The judge sounded angry; almost unhinged.
“You do it again and there’s a penalty for that,†the judge said.
“Yes, sir,†Rogers said.
“It involves a cell with bars,†Gaston said.
“Yes, sir.â€
Soon, the judge decided he didn’t like something about the way Rogers was saying: “Yes, sir.â€
“I don’t want to hear your ‘yes, sir’ anymore,†Gaston said. “So that’s the way it is.â€
Then he summarily ordered one of his deputy sheriffs to take the family into custody, take them to the jail, and drug test them all.
And that’s the way it was.
This wasn’t a drug case.
They hadn’t been charged with, let alone suspected of, committing a crime.
It got worse. As the Rogers headed out of the courtroom to get their drug tests, Rogers, apparently, shot a look at the judge.
“You just bought yourself 24 hours in the Texas County Jail for that look,†Gaston said.
Two years, later, neither of the Rogers really understands what happens.
“It’s just unbelievable,†Arthur says.
We spoke the day after the American Civil Liberties Union filed a federal civil rights lawsuit against Gaston in the U.S. District Court for the Western District of Missouri in Springfield. The lawsuit alleges violations of the plaintiffs’ First, Fourth and 14th Amendment rights over the improper custody and forced drug tests.
Gaston declined to comment on the lawsuit. A spokesperson for Attorney General Eric Schmitt, who will defend the judge, said, “There are two sides to every story, and we look forward to reviewing the facts in this case.â€
The drug tests came back “dirty†by the way.
Hale is a diabetic who takes multiple prescriptions. The lawsuit alleges that being cuffed by the ankle to the metal bench contributed to the partial amputation of his foot. Norma took pills for anxiety; and Arthur took various medicines as well. They had prescriptions for all the legal drugs they were taking.
That didn’t matter to Gaston.
“I dare you to come into my courtroom on drugs,†he said, after the deputy marched the three of them back to the courtroom.
Arthur Rogers spent the night in jail. He only got out after his wife came to the jail and the courthouse the next day and found a sympathetic court official to let him go. Gaston had said verbally in the courtroom that he was going to lock up Rogers for 30 days.
“Defendant Gaston maliciously and sadistically prolonged Plaintiffs’ detention even after he had their pharmacy records in order to retaliate against them and for the purpose of chilling them from engaging in First Amendment-protected conduct, including associating with persons who are litigants in court and observing court as a member of the public,†the lawsuit alleges.
For Norma Rogers, the entire incident is “very embarrassing.â€
She grew up in rural Kentucky and has lived in Missouri since 1981.
“I was raised to obey the law,†she said. “I’ve never been in any trouble at all.â€
The same can’t be said for Gaston. He’s been chided previously by the head of the state public defender system for his temper tantrums and alleged violations of civil rights . But even before he was on the bench, Gaston had his own issues with doing the right thing.
In 2008, as deputy treasurer to then-state Treasurer Sarah Steelman, Gaston double-dipped on state time, getting paid by taxpayers while he was actually working on Steelman’s failed campaign for governor. Gaston had claimed to be on vacation, but his state pay stubs said otherwise. After the state auditor criticized the practice, a spokesman for Steelman’s opponent called Gaston’s actions “a blatant disregard for the law.â€
Steelman lost the race. But Gaston found a soft landing spot.
Gov. Matt Blunt appointed him a judge that same year.
He’s been on the bench ever since.
As long as he’s there, Norma Rogers plans to steer clear of him.
“Apparently, he does this kind of thing a lot,†she said. “I’m scared to death to even go into Texas County.â€