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Memo shows Missouri AG helped craft governor’s plan to weaken open records laws

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Memo shows Missouri AG helped craft governor’s plan to weaken open records laws


For two years, Missouri Gov. Mike Parson has pushed unsuccessfully to allow government agencies to withhold more information from the public and charge more for any records that are turned over.

And according to a 2021 memo obtained by The Independent, one of the architects of Parson’s plan to weaken government transparency laws was Andrew Bailey.

At the time, Bailey was serving as the governor’s general counsel. In January, he was sworn in as Missouri’s attorney general, the office in charge of enforcing the Sunshine Law and making sure government agencies are complying with its provisions on open records and public meetings.

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Since he stepped on the public stage for the first time late last year as Parson’s pick to replace Eric Schmitt as attorney general, Bailey has faced criticism from transparency advocates — first over the governor’s office slow-walking release of documents from his time as general counsel, then for a massive backlog of public records requests within the attorney general’s office.

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The 2021 memo, which Bailey brought with him when he moved into the attorney general’s office, has intensified that criticism.

David Roland, director of litigation for the libertarian nonprofit Freedom Center of Missouri, can’t say with certainty that the memo represents Bailey’s true feelings, he said, as opposed to simply putting the governor’s ideas in writing.

“But the very clear consequence of this memo is that someone — whether it’s the governor, whether it’s the attorney general or whether it’s people that are very influential officials — is really intent on ratcheting down the level of transparency in Missouri government,” he said.

Between the memo and his actions as attorney general, it is clear that Bailey “is not a Sunshine Law devotee,” said Jean Maneke, an attorney for the Missouri Press Association. “And he’s certainly not dedicated to the public’s right to know.”

Madeline Sieren, spokesperson for the attorney general’s office, said that in 2021, Bailey was instructed as Parson’s general counsel to “collaborate with other stakeholders to propose legislative ideas that would modernize the Sunshine Law.”

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Asked about whether Bailey believes the legislature should implement the proposed changes outlined in the memo, Sieren would only say that the attorney general “is committed to providing transparency for all Missourians.”

‘More restrictive direction’

In June 2021, the Missouri Supreme Court ruled that Parson’s office improperly redacted public records, charged exorbitant fees and knowingly and purposely violated the state’s open records law.

Months later, The Independent reported on a presentation made to Parson’s cabinet about proposed changes to the Sunshine Law that the governor’s office intended to make a priority heading into the 2022 legislative session.

But the outline of Parson’s plan actually came together months before the Supreme Court verdict.

Bailey and Parson’s policy director, Kayla Hahn, laid out in a May 2021 memo a wide array of changes aimed at limiting access to public records. Included was a proposal that would reverse the Supreme Court’s decision by allowing government agencies to charge fees for the time attorneys spend reviewing records requested by the public.

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The memo contained myriad other ideas that transparency advocates say would essentially gut the Sunshine Law by closing records and meetings to public scrutiny.

“Government is supposed to be open to the public,” Maneke said. “The public has a right and a need to know what is happening with their tax money and in their name. If this memo is to be believed, the attorney general doesn’t agree with that.”

Sieren said in an email to The Independent that one of the goals of the 2021 memo was to draft a plan to align the Sunshine Law with the guidelines of the federal Freedom of Information Act.

What that really means, Roland said, is making the Missouri Sunshine Law much weaker.

“The Sunshine Law, as currently written in Missouri, provides a greater degree of transparency than is required under the federal Freedom of Information Act,” he said. “The memo makes a great deal about trying to harmonize the two, and it only ever wants to harmonize in the more restrictive direction.”

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The Sunshine Law is one of the very few areas of the law, Roland said, “where a citizen is supposed to “have a very definitive thumb on the scale in their own favor.”

“And that’s not an accident,” he said. “It’s because Missourians, when we adopted the Sunshine Law, recognized the importance of government transparency. We wanted to make that abundantly clear for the courts. So that when these issues were disputed in the courts, the courts would understand.”

Bailey’s memo seeks to change that, Roland said, by instructing courts to take a less expansive view of the Sunshine Law.

Many of the provisions in Bailey’s memo found their way into legislation filed during the 2022 and 2023 sessions. None of the bills picked up much momentum, and only one cleared a Senate committee this year with most of the more controversial proposals removed.

Public records backlog

Last month, The Independent reported on a massive backlog of records requests in the attorney general’s office.

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As of mid-June, the attorney general’s office was working on 374 pending records requests filed by the public. Of those requests, 150 were filed since Bailey took over the office in January and 224 were inherited from his predecessor Schmitt, who was elected to the U.S. Senate last year.

Last week, the attorney general’s office said the number of pending requests has grown to 389.

The result: The public often has to wait more than a year for requests to be completed and taxpayer-funded records to be turned over.

For example, The Independent filed a request in February asking for documents about the attorney general’s investigation of a transgender care center in St. Louis. The attorney general’s office sent notice last week that the records won’t be made available until Feb. 5, 2024.

Sieren said the attorney general is “adding two more full-time positions to process Sunshine Law requests for our office, in addition to the two full-time employees our office currently has.”

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Missouri Independent is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Missouri Independent maintains editorial independence. Contact Editor Jason Hancock for questions: info@missouriindependent.com. Follow Missouri Independent on Facebook and Twitter.





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Who's Mizzou talking to: Friday night update

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Who's Mizzou talking to: Friday night update


Who’s Mizzou talking to: Friday night update

Here’s a quick rundown of who we know the Tigers are still in communication with as we hit the final weekend of visits in portal season.

There is supposed to be a dead period for visits starting Monday. That doesn’t mean no more commitments, though.

1. Stephen Hall and Adrian Wilson, Washington State DBs

With Washington State head coach Jake Dickert and quarterback John Mateer both headed out, it seems as if the team I grew up rooting for is headed for a rough season.

Now there are even more headed out as both cornerback Stephen Hall and safety Adrian Wilson are talking to Mizzou. Wilson is scheduled for a visit this weekend, Hall received an offer during the week.

Hall would be the depth corner the Tigers have been looking for to join the room of Toriano Pride, Nick Deloach and Dreyden Norwood.

My understanding was the Tigers were done adding to the safety room, but Wilson would give them a third addition to that crew since the start of the week.

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Hall was a 72.6 overall defender and 73.7 coverage defender last season, and is a junior. At this point, it’s difficult to tell how much eligibility he would have left because of the recent Diego Pavia ruling the JUCO years don’t count against NCAA eligibility. Hall played at Northwest Mississippi Community College in 2020, 2021 and 2022, then at Washington State in 2023 and 2024. It’s possible he’s out of eligibility after next year or has another two seasons depending on how the NCAA works with the Pavia ruling.

Wilson is a redshirt freshman who will have three years of eligibility remaining. He graded out as a 68.7 overall defender, 71.5 run defender and 67.4 coverage defender according to PFF.

2. Nate Johnson, edge rusher from Appalachian State

Johnson posted that his recruitment was closed on Friday, while reportedly on a visit at Mizzou, so we should get an answer on this one quickly.

The Tigers have been looking to add to the edge rusher room since the losses of Williams Nwaneri and Jaylen Brown, but I haven’t heard a ton about the other guys they have talked to outside of a lot of offers getting thrown out.

The Tigers offered Johnson in the early days of the portal along with a number of young edge rushers.

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Johnson also visited USC, South Carolina, Kentucky and Florida State and also posted offers from LSU and Florida.

Johnson is a sophomore who will have two years of eligibility remaining, who graded out as a 75.2 overall defender, 69.2 run defender and 76.1 pass rusher this season by PFF.

3. Kofi Asare, edge rusher from UMass

Here’s another of the young edge rushers Mizzou has offered this cycle.

The Tigers offered the redshirt sophomore on Thursday. He will have two years of eligibility remaining.

Asare played in 12 games this season, including against Mizzou when he had three tackles including 0.5 for loss. He totaled 30 tackles, 5.5 for loss, three sacks one forced fumble that he also recovered and one pass breakup.

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UMass played a surprisingly tough schedule with matchups against Mizzou, Mississippi State and Georgia. In those three games, Asare had five tackles, 1.5 for loss and one sack.

Asare graded out as a 71.5 overall defender, 67.1 run defender and 70.4 pass rusher according to PFF.

Asare or Johnson would join an edge-rusher room that will lose Johnny Walker Jr. and Joe Moore to eligibility and Nwaneri and Brown to the portal.

They would join Zion Young, Eddie Kelly Jr., Darris Smith and Jahkai Lang.

4. TJ Shanahan, offensive lineman from Texas A&M

Mizzou is still working hard to add pieces to the offensive line that is losing 60 percent of its starters from this season in Marcus Bryant and Cam’Ron Johnson to eligibility and Armand Membou to the NFL Draft.

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Shanahan is the next in a list of Tiger targets for the line as he is in Columbia for a visit this weekend.

Shanahan appeared in 10 games and made five starts as a freshman this season, playing at both center and left guard through the season.

He opened the season at center, but moved over to guard for his final five games.

Shanahan stands at 6-foot-4, 330 pounds and graded as a 49.3 offensive player, 53.7 run blocker and 54.8 pass blocker this season, allowing two sacks, two quarterback hits and four hurries on 285 total snaps.

He would likely slot in at right guard for the Tigers, taking the spot Johnson is leaving open.

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Shanahan will have three years of eligibility remaining.

5. Keagen Trost, offensive lineman from Wake Forest

Like Shanahan, Trost would slot in as a likely starter for Mizzou, unlike Shanahan, he has a whole lot of experience playing college football.

Trost played at Morgan State in 2019, Indiana State in 2020, 2021, 2022 and 2023, then at Wake Forest in 2024.

He will have one year of eligibility remaining.

Trost played right tackle throughout the season, except against Cal when he played left tackle.

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He graded as a 70.3 offensive player, 69.1 run blocker and 68.8 pass blocker for Wake Forest this season, allowing three sacks, one quarterback hit and 15 hurries on 772 total snaps.

Trost could slot in at either open tackle slot for Mizzou.

Stay up to date on all the Mizzou news with your premium subscription

Talk about this story in the Transfer Portal Central thread and discuss so much more in The Tiger Walk

Make sure you’re caught up on all the Tiger news and headlines

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You can follow me on X @kyle_mcareavy for more news and updates.



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Missouri Republicans want to restrict abortion again. Can they agree on how? • Missouri Independent

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Missouri Republicans want to restrict abortion again. Can they agree on how? • Missouri Independent


Weeks out from the 2025 Missouri legislative session, Republican lawmakers have already filed dozens of bills aimed at weakening or overturning Amendment 3, the voter-approved measure that legalized abortion in Missouri. 

Proposals include returning to voters to ask to re-impose Missouri’s abortion ban, as well as smaller measures attempting to set parameters around Amendment 3, including by defining fetal viability.

This includes lawmaker-proposed constitutional amendments that would ask voters if they want to again ban abortion and attempts to define fetal viability around stringent parameters.

“That’s a powerful witness to the large numbers of pro-life lawmakers who have been elected and re-elected,” said Sam Lee, a longtime anti-abortion activist and lobbyist. “I’m just glad to see so many have taken the initiative to file just a variety of ideas. We’ll just see what rises to the top.” 

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But Lee foresees hurdles, including the threat of the Senate Democratic filibuster, which last session killed a proposed constitutional amendment seeking to make it harder to pass initiative petitions ahead of Amendment 3 landing on the ballot. 

Sam Lee, a lobbyist for Campaign Life Missouri, testifies before the Senate Committee on Seniors, Families, Veterans & Military Affairs on April 6, 2022 (Tessa Weinberg/Missouri Independent).

And, despite so many lawmakers naming abortion as their main priority going into the 2025 session, Lee said there is bound to be some competition with other high-profile issues in reaction to Amendment 3’s passage, including how Missouri Supreme Court judges are selected and renewed attempts to raise the threshold to pass initiative petitions.

“People outside the Capitol building find this hard to believe, but there’s relatively little time to get something passed,” Lee said. “These are all potentially lengthy battles.”

If the General Assembly is unsuccessful in pushing through a constitutional amendment that would again ban abortion during the regular session running from January to May, Lee said he and other activists are prepared to call on Gov.-elect Mike Kehoe to convene a special session later in the year. 

If that doesn’t happen, Lee said the next step is a citizen-led ballot initiative aimed at overturning Amendment 3 by reinstating an abortion ban.

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Incoming House Minority Leader Ashley Aune, a Kansas City Democrat, said throughout her four-year tenure in the legislature, she’s seen Republican colleagues attempt to undo the will of the people after they approve progressive issues at the ballot box. 

Aune said she’s skeptical of what the Missouri GOP will be able to accomplish this time.

“My concern would be higher if it seemed these folks had any clear plan to attack this issue,” Aune said. “ … It seems like a lot of people have a lot of different ideas, but there is not a consensus in the Republican Party about how to clearly address this. I don’t know that they’ll be able to get organized enough to get something across the finish line, but I suppose time will tell.”

Rape and incest exceptions

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In 2019, when she helped draft the trigger law that would go into effect in 2022 outlawing all abortions in Missouri with exceptions only for medical emergencies, state Sen. Mary Elizabeth Coleman, an Arnold Republican, did not include exceptions for survivors of rape or incest. 

Last February, she and her Republican colleagues blocked an attempt to add rape and incest exceptions to the state’s abortion ban. 

Now she is among a small handful of Republican lawmakers proposing constitutional amendments that would overturn Amendment 3, but put in place abortion exceptions for survivors. 

Asked why she included a rape exception this time, Coleman said “ … in these hard cases, you know, we’re going to provide a path for that, we’ll probably get a bigger percentage of support.”

She maintains that because Amendment 3 ultimately passed on tight margins — with 51.6% of the nearly 3 million votes cast — getting the support of voters to reverse it is possible. 

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The main question is what language and restrictions to put before voters. 

“A Missourian might call themselves pro-life and feel that in the hard cases there should be an exception, but they don’t want unfettered access,” Coleman said. “Somebody might call themselves pro-choice and they are really concerned about people being able to make those decisions, but also recognize the humanity of the unborn child and don’t think you should have abortions into the second and third trimester.”

A similar constitutional amendment was also filed by state Sen. Rick Brattin, a Harrisonville Republican. The difference is his amendment includes abortion exceptions for fetal anomalies and would only allow abortions in the cases of rape or incest during the first 20 weeks of pregnancy and only if the victim filed a police report. 

State Sen. Rick Brattin, a Harrisonville Republican, protests outside a Planned Parenthood clinic in Kansas City on Tuesday, Dec. 3, 2024, ahead of a hearing in a lawsuit filed by Planned Parenthood seeking to overturn the state’s TRAP laws (Anna Spoerre/Missouri Independent).

Another proposed amendment, filed by incoming state Sen. Adam Schnelting, a Republican from St. Charles, would prohibit abortion but leave an exception for survivors of rape or incest prior to 12 weeks gestation and only if the crime was first reported to law enforcement at least 48 hours before the abortion.

Police reporting requirements have been widely-criticized in other states, with victim advocates calling such laws harmful to survivors.

A number of proposed amendments would also ask voters if they want to exclude gender-affirming care for minors from the definition of “reproductive freedom,” an issue that was widely-debated in the run-up to the November election.

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Amendment 3 broadly legalizes abortion but allows the state legislature to restrict the procedure after the point of fetal viability, which isn’t clearly defined in the amendment but in the medical world is generally considered the point at which a fetus could survive outside the womb without extraordinary medical interventions. 

This is often considered as being around the halfway point in pregnancy. Abortions later than 20 weeks in pregnancy make up fewer than 1% of all abortions in the United States.

But state Rep. Brian Seitz, a Branson Republican, is attempting to define fetal viability as the point at which electrical cardiac activity is detectable, but before a fetus’s heart is formed. This usually happens by about six weeks gestation.

Seitz hopes his bill will be one of the easier approaches to legislating Amendment 3. 

“The House of Representatives will be able to coalesce around the heartbeat bill, because it cannot be denied, scientifically, logically, spiritually, that once the heart has started beating, that is a living person,” he said. ”And I think that person should be protected and guaranteed life, liberty and the pursuit of happiness.” 

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Seitz, who represents one of the more conservative Christian corners of the state, also filed a bill aimed at granting “unborn children … the same rights, powers, privileges, justice, and protections as are secured or granted by the laws of this state to any other human person.” 

Similar fetal personhood bills have been filed in the form of constitutional amendments by Republican lawmakers, including state Rep. Justin Sparks of Wildwood and Rep. Burt Whaley of Clever.

Organizations like the American Society for Reproductive Medicine have warned that fetal personhood laws, which have gained momentum in recent years, could criminalize some contraceptives and restrict infertility treatments. 

Seitz’s third bill, a “Born-Alive Abortion Survivors Protection Act,” would establish first-degree murder charges for anyone who “kills a child born alive” following an attempted abortion procedure. 

A number of Republican lawmakers, including Sparks and state Rep. Ann Kelley, of Lamar, filed legislation that would prohibit the use of fetal tissue for research following an elective abortion. 

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State Sen. Mike Moon, a Republican from Ash Grove, also filed a bill seeking to criminalize anyone in possession of or found distributing an abortifacient, including mifepristone, a medication commonly used to induce non-surgical abortions. 

This is likely a nod to a growing call by Republicans across the nation for the federal government to enforce the Comstock Act, a 1873 law that bans the mailing of obscene material, including for the use of abortion even in states where it’s legal.

Chris Melody Fields Figueredo, executive director at the Ballot Initiative Strategy Center, said the efforts to unravel Amendment 3 are “disheartening.”

“We’ve seen Republicans, Democrats, Independents come together to either stop abortion bans or protect reproductive rights,” she said. “So what it looks like to me is politicians that are out of touch with their constituents and really using their political power to undermine the will of the people.” 

Maggie Olivia, a senior policy manager with Abortion Action Missouri, embraces abortion-rights supporters after the race is called in favor of Amendment 3 on Tuesday in St. Louis (Anna Spoerre/Missouri Independent).

When talking about the GOP’s plans to fight Amendment 3, those on both sides of the aisle have pointed to a 2018 citizen-approved amendment that would have required legislative districts be drawn to ensure partisan fairness. This amendment, known as “Clean Missouri,” was repealed two years later through a legislature-proposed amendment.

Senate Democrats do have one major tool in their pocket: the filibuster.

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“Me and my Democratic colleagues in the Senate are going to do everything we can to uphold the will of the people and make sure that we’re doing everything we can to protect reproductive rights,” said state Sen. Tracy McCreery, an Olivette Democrat. “But we also are not miracle workers.”  

McCreery said while Senate Democrats still plan to use the filibuster to kill any abortion bills, she also called on voters who supported Amendment 3 to reach out to their elected officials about their continued support of abortion.

“For a long time, Republican politicians have used abortion and reproductive health care to divide voters and to divide the electorate,” she said. “We need the public to understand that some of these (constitutional amendments) and bills that have been filed, these are serious attacks on their will and on their vote.”

Planned Parenthood’s lawsuit

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Looming over every conversation around abortion legislation is a pending court case in Jackson County that will determine how quickly Planned Parenthood clinics can restart the procedure. 

Missouri’s Amendment 3 legalizing abortion went into effect at 12:01 a.m. on Dec. 6, but Planned Parenthood officials said they cannot begin offering abortions again until a judge strikes down decades’ worth of restrictive targeted regulations on abortion providers, or TRAP laws, including a 72-hour waiting period between an initial appointment and the abortion procedure; requirements that abortion clinics must have admitting privileges at a hospital roughly 15 minutes away; and a requirement that the same physician who initially saw the patient also perform the abortion. 

The Missouri Attorney General’s Office, a defendant in the case, has argued the TRAP laws are necessary to protect women. 

The lawsuit, filed the day after the election by the states Planned Parenthoods and the ACLU of Missouri, asks the court for a preliminary injunction. While the plaintiffs hoped for a quick ruling, court challenges can take months, if not years. 

In the meantime, Missourians seeking abortions continue having to look out-of-state to access the procedure. 

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The message “You are not alone, support is here” is painted on the window of the Planned Parenthood Great Plains on Friday in Overland Park, Kansas (Anna Spoerre/Missouri Independent).

A spokeswoman with the Missouri Department of Health and Senior Services has said the department continues to view the state’s TRAP laws as constitutional but declined to comment on specific aspects of the lawsuit as the litigation is ongoing. 

“Our regulations remain in place,” Sami Jo Freeman, spokeswoman for the department, said in a statement following the court hearing. “We believe those regulations are not overly burdensome and establish necessary safety standards for these procedures. We cannot comment on pending litigation at this time.” 

Lee, the anti-abortion lobbyist, said he’s pleased by how long the judge is taking to deliberate the case. 

In the meantime, he plans to continue advocating for legislation that makes pregnancy and parenthood easier for families, including availability of housing, transportation and child care. 

The latter — a package of tax credits that would increase access to affordable child care — remains one of the top priorities of lawmakers across the aisle headed into the 2025 session after the legislation was blocked two years in a row. 

The Independent’s Jason Hancock contributed reporting.

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2 Missouri police departments to be featured on new A&E show “Ozark Law”

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2 Missouri police departments to be featured on new A&E show “Ozark Law”


OSAGE BEACH, Mo. (KY3) – An Ozarks police department that lost an officer during a pursuit will be featured on a new program showcasing the challenges and sacrifices of law enforcement.

The A&E series Ozark Law captures the dangers officers face, including the tragic final moments of an Osage Beach officer who died in the line of duty.

The summer hotspot is the angle of the new series Ozark Law, which highlights the dangers officers face and the legacy left behind by Officer Phylicia Carson.

In August, Officer Carson died in the line of duty after her patrol car skidded off the road during a high-speed pursuit and caught fire.

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“She was a go-getter. She loved her job, she loved the place she lives, and she always wanted to make a difference.” It’s a difference, Osage Beach Police Chief Todd Davis says, that all his officers strive to make in the community they call home.

A crew from ‘Ozark Law’ was filming the work of the Osage Beach Police Department the night Officer Carson died.

“You never know how that call is going to end out. You know you could be going to a simple what you think is a simple, non-eventful incident, and it ends up in a life, life or death situation,” said Chief Davis.

This is the department’s first collaboration with production crews to create a show. The ten-episode series will highlight how no call is ever truly routine.

“(We) want people to see that it’s more than just arresting people and taking them to jail,” said Chief Davis. “You know, you’re going to see the whole plethora of calls that we respond to.”

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That includes pursuits like the one that claimed a beloved officer’s life.

“In the back of our mind that is always there, that this could be our last call, that we go on,” he said.

The first episode of Ozark Law will air on January 8 on A&E. It will also feature the work of the nearby Lake Ozark Police Department.

To report a correction or typo, please email digitalnews@ky3.com. Please include the article info in the subject line of the email.

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