Cape County Coroner Wavis Jordan faces potential removal as judge weighs motions

Judge Amanda Oesch took both outgoing Cape Girardeau County Coroner Wavis Jordan's motion to stay and the Missouri Attorney General Andrew Bailey's motion for judgment on pleadings under advisement by the end of Jordan's scheduled motion hearing Thursday, Nov. 21.

Assistant Attorney General Miranda Loesch and Public Protection Section chief counsel Gregory Goodwin appeared in court Thursday on behalf of the Missouri attorney general. Loesch had filed a motion for judgment on pleadings Nov. 15.

Loesch said in the hearing that the judgment would include a permanent writ of quo warranto against Jordan that would remove him from office as coroner and compensation for attorney fees. She also said the answer filed by Jordan did not address six of the allegations in the petition against him.

Loesch said as a general rule if he does not deny the allegations they are deemed as admitted.

The Missouri Attorney General's Office alleges the following seven counts in the motion for judgment document:

• Jordan "willfully violated or neglected, or knowingly failed or refused to perform", his duty of taking possession "of all property of value found on dead bodies", making an inventory of property and returning "the property to the person entitled to its custody";
• Jordan "willfully violated or neglected, or knowingly or willfully failed or refused to perform, his duty to properly list the cause and manner of death on decedent C.K.’s death certificate";
• Jordan "willfully violated or neglected, or knowingly or willfully failed or refused to perform, his duty to properly list the cause and manner of death on decedent G.S.’s death certificate";
• Jordan "willfully violated or neglected, or knowingly or willfully failed or refused to perform, his duty to properly list the cause and manner of death on decedent D.T.’s death certificate";
• Jordan "willfully neglected or knowingly or willfully failed or refused to" investigate the cause of death of individuals and failed to take the necessary steps to be prepared to investigate the cause of death;
• Jordan "willfully violated or neglected or knowingly failed or refused to" obtain blood from people who died in motor vehicle accidents;
• Jordan "willfully neglected or knowingly violated his duty to refrain" from soliciting a funeral arrangement of the deceased.

Before the Missouri Attorney General's Office filed its motion for judgment, Jordan filed a motion for a stay on the current civil suit proceedings while he is currently facing a criminal case against him. Jordan said he stands on that motion at the hearing.

Goodwin said the stay was not warranted in the case and recommended the denial of the stay.

When responding to the motion for judgment, Jordan said in the hearing he felt he did the best to his ability as coroner and that it is ultimately the coroner's decision on what the cause of death is.

Jordan began to speak about taking pictures of a wallet on a scene, when Oesch eventually interjected and said the Fifth Amendment still stands in court, meaning what he says could be used against him in ongoing cases.

Oesch said in the hearing she would take both motions under advisement and should give an "order" on the suit soon.