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Case 4:09~cr-0054 7 -CEJ Document 43-9

Filed 11/06/2009 Page 11 of 25



October 2, 2009

Judge Carol Jackson

United States District Judge 111 South 10th Street

Suite 14.148

St. Louis, Missouri 63102

Dear Judge Jackson,

For two years, I served with Jeff Smith in the Missouri State Senate. I write today to describe to you the individual many of his colleagues came to lmow over that period of time, and some of what we learned from him, as well.

But before I do, let me say a word about the senate district Jeff Smith represented.

Perhaps no senate district in Missouri possesses the unique characteristics of Missouri's 4th senatorial, the district that elected Jeff Smith in November 2006. As you may know, the fourth district is fifty percent white, fifty percent AfricanAmerican. Fifty percent north, fifty percent south. One hundred percent St, Louis City Public Schools. Enormous drop out rates, and substantial economic challenges. Pockets of urban renewal along side pockets of urban decay.

On paper, the fourth district would appear nearly impossible for anyone individual, male or female, white or black, to fully represent because, quite simply, the district is so disparate unto itself. The best anyone person can do is to listen well and try hard.

From nearly the first moment I met him, I knew Jeff Smith was very dear on one thing. He believed, and I think correctly so, that the challenge of improved communication, dialogue, and understanding across racial divides remains one of the central challenges facing our state. That simple - yet profound - hurdle of listening, and hearing, one another with patience, empathy and clarity.

More than any other, this was the arena into which Jeff Smith dedicated himself.

I'm sure you have already read many letters regarding Jeffs annual three-onthree basketball tournament. True enough, critics called it cliched. But, your honor, to see it in front of you was something really quite amazing. In a political world

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, I,

accustomed to fundraisers at swanky golf clubs and cocktail parties, Jeffs three-onthree tournament was uniquely Jeff - an all day affair, rooted in neighborhood involvement, embracing constituents over lobbyists.

Hundreds and hundreds of young people on a summer day in a city park.

Young men, pitted shirts and skins, black and white, together, as naturally and relaxed as a family picnic. Young people, many of whom had likely never even voted before, supporting this young politician from a distant neighborhood. Hot dogs and hamburgers on the grills. Lemonade. People corning together as a community. Like many of my fellow senators, I would occasionally stop by the annual event just to marvel at it To marvel at what government would be like if such outings were the norm and not the exception.

But the three-an-three tournament was really just a reflection of something deeper: Jeffs central passion to break down walls and build bridges between the two sides of Missouri's Fourth District. While most politicians struggle to negotiate such cultural situations, Jeff Smith dove into these moments with gusto and passion and an openness that inspired many of his colleagues.

To put it bluntly, if a short, brash, Jewish kid from Ladue could roll up his sleeves and dive into the political separation that runs astride Delmar Boulevard, why couldn't all of us do our part a little better? If he could build meaningful, caring. relationships with so many individuals who had no voice in our political system, why couldn't the rest of us stretch a bit further into communities unfamiliar? If this graduate from one of Missouri's privileged school systems could dedicate his passion to solving the challenges of St. Louis Public School System, why couldn't each of us feel more passionately about issues beyond our own experience?

Like him or not, Jeff Smith challenged government leaders to care about issues that otherwise seemed far removed from their districts and their lives. He taught a conservative Speaker of the House to think in new and empathetic ways about a crumbling urban school district. He pressed his colleagues in an overwhelmingly Republican senate to institute "fathering courts" in St. Louis to help troubled men become better dads and avoid felony convictions. He prodded this senator from Cass County to travel across the state to walk unfamiliar neighborhoods and listen to residents of the 22nd Ward tell stories of the gunshots heard outside their homes at night.

Your honor, no one condones the activities that have brought Jeff Smith before you. His actions were absolutely wrong, plain and simple. I do not write this letter to exonerate his conduct in any way.

But I do write to confirm what I know many others have said to you. Jeff Smith communicated the complexity, challenges and possibilities of the 4th District in a way that caused many people, including myself, to think more broadly about st. Louis, its past and future. He challenged us to get beyond traditional political dividing lines and think about urban politics from a fresh perspective. He dove

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headlong into one of the greatest challenges facing our state, and watching him fearlessly take that dive changed many of us, I believe, for the better.

I ask you to consider these things as you make your decisions, and I thank you for your patience in reading this letter.

Respectfully,

Chris Koster

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Case 4:09~cr-00547-CEJ Document 43-9 Filed 11/06/2009 Page 7 of 25

PETER D. KINDER IJWTENANT GOVERNOR

OFFICE OF THE LIEUTENANT GOVERNOR STATE OF MISSOURI

J EFFERSON CITY

65101

www.ltgov.mo.gov

STATE CAPITOL ROOM 224 (57J) 7.,].4727

September 16, 2009 The Honorable Judge Carol Jackson

United States District Court

Eastern District of Missouri

111 South 10th St.

Ste 14.148

St. Louis, MO 63102

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To the Honorable Judge Carol Jackson':' ..

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By this letter I express my support of former Senator Jeff Smith. In no way do I condone his actions. However, I believe his skills and collective experience would be wasted if not put to constructive use.

I have come to know Jeff as a friend throughout the years in the Missouri Legislature. We worked together on a number of educational initiatives and legislation to benefit the urban core in St. Louis. Senator Smith worked hard to create a better future for his neighbors in St. Louis.

Given Mr. Smith's history of community service, please consider sentencing that allows community service, if possible. I believe Mr. Smith's background and experience, in combination with community service, would be best served if he were allowed to positively invest In the lives of others.

Thank you for your consideration and attention to this letter. Please do not hesitate to

contact me at your convenience if you need anything further. '

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. ,', PET.ER D. KINDER ,,:,~:ii;'·; ~;;..:,':,;,;,:, -,' rr: :, .. ;','lieutenant Governor

Case 4:09-cr~00547-CEJ

Filed 11/06/2009 Page 20 of 24

SUSAN MONTEE, CPA

Missouri State Auditor

October 19, 2009

The Honorable Carol E. Jackson Judge, United States District Court 111 South 10th Street

Suite 14.148

St. Louis, MO 63102

Dear Judge Jackson,

I would like to take this opportunity to express to you my thoughts about the overall character of former State Senator Jeff Smith. I have known and considered Jeff a friend for the last few years. Although I never worked with Jeff in the legislature, my impressions of him in Jefferson City are that of a hardworking, passionate and effective legis/ator. He made friends on both sides of the political aisle and did not seem to be afraid to take a leadership stand on issues that may have been unpopular within his own caucus.

I was able to directly work with Jeff many times during last year's election cycle. He has a wonderful ability to inspire and motivate young people. He is full of energy and excitement and fully committed to he/ping get people involved in their communities. There is no doubt that his actions have disappointed many, myself included. But I believe that Jeff's abilities should be put to use in a way that could teach a lesson to others.

Simply put, I believe Jeff to be an honorable man who made poor choices. I hope that his future actions eventually outshine his offenses. J appreciate your consideration of all aspects of Jeff's character as you make your decision in his case.

Sincerely,

£~

Susan K. Montee

P.O. Box 869' Jefferson City, MO 65102· (573) 751"4213· FAX (573) 751"7984

Case 4:09-cr-0054 7 -CEJ Document 43-5

Filed 11/06/2009 Page 8 of 9

CAPITOL OFFICE

108 West Columbia Farmington, MO 63640 Tele: 573-756·5572 Fax: 573-756·2520

DISTRICT ADDRESS

State Capitol

201 West Capitol Avenue Jefferson City, MO 65101-6806 Tele: 573-751·3455

Fax: 573~522-9318

kcvin.engler@senutc.l11o.gov

Chief of Stuff Jarad Falk

Executive Assistunt Karen Jacquin

Majority Floor Leader I(EVIN ENGLER

Leglslnttve Director Mike Lodewegen

Missouri Senator 3rd District

August 24, 2009

The Honorable Carol Jackson 1114 Market Street, Room 812 St. Louis, MO 63112

Dear Judge Jackson,

I came to know Jeff Smith while serving with him these past three years in the Missouri Senate, and have found him to be a dedicated public servant and now also call him a friend. Although I do not know the full details of the charges, I believe the people of St. LOllis and society as a whole are better served if Jeff were allowed to pay his debt to society while living in his community rather than in prison.

In late July, I stopped by Jeffs "Three on Three Basketball Tournament" while in St. Louis. This was the fourth year Jeff has held the event and approximately 2,000 people were in attendance, but basketball was not the primary purpose of the event. Hundreds of people were able to take advantage of health screenings at the event, and over 500 children were given school supplies to prepare them for classes in the fall.

A few months ago, Jeff invited me to attend a play being put on at a correctional institution in northem Missouri. One of his constituents with whom he had become acquainted was performing in the play. Althougb I was unable to attend due to the long drive, I was impressed that Senator Smith would take the time to see this man perf 01111, even though as a convicted felon he would never be able to vote for him.

I believe these examples epitomize the type of person Jeff really is.

If Jeff Smith's sentence includes prison time, I believe his community will also be punished due to his absence. For this reason, T hope you will instead opt for probation and community service instead of prison time for Jeff Smith.

Sincerely,

Kevin Engler

Committees:

• Rules, Joint Rules, Resolutions and Ethics Committee - Chalrman

• Administration Commlttce - Vice-Chairman • Gubernatorial Appointments - Vice-Chuirrnnn

Case 4:09~cr~00547~CEJ Document 43~12

Filed 11/06/2009 Page 21 of 26

JEROME J. SCHLICHTER j~ch\ichtcr@uselnws.com

SCHLICHTER, BOGARD & DENTON, LLP A TIOIlNEYS AT LAW

100 SOUTH FOURTH STREET, SUITE 900 ST.LOUIS, MISSOURI 63102

(314) 621.6115

FAX (314) 621·7151 www.uselnws.com

IIl1noh Office

120 W. MAIN STREET, SUITIl 2DB BIlLLEVILLa, ILLINOIS 6Zz:l0 (616) 63M3Z9

Wl .. onsln olflco

8554 HIGHWAY 51, SUITllIDJ 1'.0. BOX5 MINOCQUA, WISCONSIN 54548 (7 J 5) 358·6300

October 7,2009

Honorable Judge Carol Jackson 111 South 10th Street

Suite 14.l48

st. Louis, Missouri 63102

RE: Jeff Smith

Dear Judge Jackson:

I have known Jeff Smith for at least five years in a number of capacities. As a fellow city resident, I have been tremendously impressed with his passion for the city, for economic development ofthe imler core of the St. Louis region, and his appreciation for diversity. He is and has been exceptionally committed to the causes of urban revitalization of St. Louis, education of inner city kids, and economic and social justice for minorities and all people.

Jeff also was my State Senator in the Missouri Legislature. As the originator of the State Historic Tax Credit, I have been heavily involved not only in its passage but also in maintaining it over the last eleven years because of its impact on the City of St. Louis and its neighborhoods. In the Legislature each year for the last eleven years) we have faced a threat from some in the Legislature who have sought to gut this very important tool for not only St. Louis but also the entire State and its distressed areas. In the last session earlier this year, the Historic Tax Credit was under severe attack exceeding any previously. Jeff became the champion of the credit, standing up to those who had a very powerful movement to severely curtail it. It is well known that Jeff, through Ius individual persistence, willingness to filibuster, 110 matter what it took, and willingness to go all out, saved the State Historic Tax Credit as we know it.

This kind of passion and commitment is also apparent in his involvement in urban education issues. Further, I have seen firsthand how Jeff has been an inspiration to young people to get involved in the political system. As the parent of three sons in thei.r twenties, one of whom had Jeff as a professor at Washington University, I can say without reservation that he has been an inspiration to my three sons by demonstrating his passion for the causes in which he believes, his enthusiasm for hard work advancing

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SCHLICHTER, BOGARD & DENTON, LLP A ,rOI!NEI'S AT LAW

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those causes, and his persistence, They have benefited from his being a role model to them.

In my opinion, I believe that Jeff could be of enormous value to the community by staying involved in community service and continuing his passionate work serving the causes that are so critically important for the development of our region, its minority young people, and its urban core.

Yours very truly

r ~., UUJ;:;,

Jerome J. Schlichter

Case 4:09~cr-00547~CEJ Document 43-12

Filed 11/06/2009 Page 11 of 26

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Dear Judge Jackson:

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I met Jeff Smith when he y.lI:).S ill the early stages' of campaigning to win the Senatorial seat in the Fourth District of Missouri. Ihad known J err ~ ,ur.icIe, his. cousin and their

family for some time, andthey _ar~:~(J,p~:opIe" :;::::-, ": ., ::.;" ':' :':'. "

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Jeff came to my office and ~litr~~)16~d ~tii~~~lf; ~d:: we~~4(~d for quite some time about political issues in the St. Louis areaandstatewide. r:~~s:X~ry impressed with Jeff's unequivocal commitment to do what he considered to be the right thing as a Senator, without considering the politics that are so ofte~ inv~lved. ' ' '

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We spoke about schools ... Jeff promised me .that he would do his utmost to give underprivileged children in the City of St. Louis the best possible chance at a quaJity education. JefffeIt that this was the only way to break the cycle of poverty in our city. Jeff also promised he would do the best he could to support the City of St. Louis economically, and I believe he kept his word.

I have spoken with Jeff a number of times since then, and I have watched his career and his voting record with great interest. I have found him to be a man of his word, and I believe his accomplishments in the Missouri Senate on behalf of his constituents, and regardless of political implications, have set a high standard for others who choose

, careers in civil service. , ' ' " , ,

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:. J.'

Rothschild Development • Red Brick

Sl Louis. Missouri 63108 D Telephone 314.361.71'17 • Facsimile 314.361.8118 393 North Euclid Avenue/Suite 300 •

www.rothschlld-stl.com

Case 4:09~cr-00547-CEJ Document 43-12

Filed 11/06/2009 Page 12 of 26

Certainly the illegal campaign activities that Jeff Smith engaged in are very wrong, and his admission of guilt and resignation from the Senate were both necessary and proper actions. However, I sincerely hope that you will consider the most lenient possible penalty. I know he is ashamed of himself and heartbroken that he has violated the public's trust. I've spoken with him recently, and I believe with all my heart that a sentence of community service would allow Jeff to begin the long process of paying his debt to society by devoting himself to helping less fortunate people, particularly disadvantaged inner city children.

Thank y u for your kind consideration.

Case 4:09-cr~0054 7 -CEJ Document 43~8 Filed 11/06/2009 Page 16 of 25

'B ec fiH t}I.CJlI'/,(,1,n,

\V'VVil, becky hornan. com becky . horn a:n(l:1.,lsbcgl obal, net 60c:j·6 Westminster Place St. Louis, NIo. ()3112

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Friday, Sept. 2:5, 2009

Honorable Judge Carol E. Jackson United States District Court Eastern District of Missouri

1114 Market 8t # 812

8t Louis, MO 63101

Your Honor:

I first met Jeff Smith on my front door step. He was, I heard later, tirelessly canvassing my poor-to-middle-class neighborhood of Skinker-DeBaliviere. He was thoughtful, articulate, friendly, kind and made a big impression on me.

And as I followed his career as my State Senator - until recent unfortunate events - I was so impressed with his work for the less fortunate in our community: with his key role in the debate over historic tax credits to help refurbish old buildings, particularly in struggling urban neighborhoods; with his work on Senate Bill 140, for helping low-income Missouri parents pay child support, while saving the state a tremendous amount of money; with his efforts to work with Republicans to enact law that would allow St. Louis public school teachers to receive merit pay bonuses; and with his building of a grassroots movement among university students to help with his election campaigns and beyond,

I know that his student/workers are disillusioned/ now that Jeff has failed us all with his recent behavior.

But I think - I know - that he will be work hard to re-gain our bust. He has learned a humbling lesson and remains a great St. Louis resource. I hope that you decide that Jeff should serve out his punishment by continuing to help people in this community. We miss him. We hope he'll be backl

~~~

Becky Homan

Case 4:09~cr-00547-CEJ Document 43-8

Filed 11106/2009 Page 15 of 25

Thomas R. Hoerr 6106 Kingsbury Avenue St. louis, MO 63112

september 10, 2009

Judge Carol Jackson:

I write in support of Jeff Smith. There is no doubt that Jeff made a mistake, one which reflects poorly on himself and one which does 110t serve our community. Many of us are very disappointed in Jeff, certainly Including Jeff, himself, and his family and friends.

And yet I do not see what would be gained by Jeff's Incarceration. The lesson to be learned has been learned by him and by the public. Instead, what sort of public service can he do to amend for his misdeed? How can he contribute to the community, what service can he provide? He has remarkable rapport withyoung people: How can they learn from his lesson? What can he teach them? When one thinks of how Jeff might volunteer his time, his incarceration would be a loss for the community; further, it would be a loss for the taxpayers as well.

Thank you for your consideration.

~~~--

Tom Hoerr

Case 4:09-cr-00547-CEJ Document 43-7

Filed 11/06/2009 Page 6 of 24

September 1 0, 2009

The Hon. Carol E. Jackson United States District Judge

Thomas F. Eagleton U.S. Courthouse 111 South 10th Street

Suite 14.148

St. Louis, MO 63102

checkmate design

3701 Lindell Blvd.

Saint Louis, MO 63108

314 / 446-4525 fx. 314 /446-4527

Dear Judge J aclcson:

I am writing to tell what I know about Jeff Smith. Mostly, I know that St. Louis would be a better place if you sentenced him to community service, instead of prison .

What Jeff'did during his campaign and during subsequent i.nvestigations was wrong. What Jeff has done during the rest of life has been very right. He has used his energy, education, time, strength, skills, and intelligence to grab kids particular poor and troubled ones -- by the scruffs of their necks and make them look at better, healthier, more useful, and safer ways to Jive. Disappointed by public school choices, he co-founded a charter school. Dismayed by a lack of safe recreation choices, he started a youth basketball league. Upset at how kids were eating, he inspired community gardens and farmers markets. And co-founded, started, and inspired are verbs that mean that he was there, with his sleeves rolled up, doing the work himself. He hasnt been a watcher, a hand wringer, or even a check-writer. He has been a doer.

Judge, during the next year or two, thousands of very young St. Louisans will consider dropping out of school, joining gangs, using or selling drugs, having children, and getting into serious trouble. Others will consider higher education, good careers, and better lives. The sad reality is that more kids wi11 consider and choose the bad options than the good ones if Jeff Smith is away in a federal prison or work camp.

I know that you have some discretion in setting Jeff Smiths sentence. Please weigh the certain costs of his absence against the possible benefits of his presence in our community.

Thank you very much for reading this letter.

Respectfully yours,

~WiJ

Amy Gill

iii checkmatedesign.com

Filed 11/06/2009 Page 9 of 9

Todd H. Epslen

Chief Executive Officer

September 30,2009

The Honorable Judge Carol Jackson United States District Court

Eastern District of Missouri

111 South l Oth Street

Suite 14.148

St. Louis, MO 63102

Dear Judge Jackson,

I am sure you have already received many letters pleading for a light sentence for .Teff Smith because he has given so much to our community. Jeff's multiple contributions are well known and need not be repeated.

I would simply pose what would a harsh sentence accomplish? 1 don't think it would deter future wrongdoings. Furthermore, there is the cost of incarceration that will ultimately be borne by his fellow citizens. Finally, 1 don't think a long sentence would serve as an example anymore than what Jeff has already had to endure.

Simply, our streets would be better off with .Teff on the outside contributing to make St. Louis a better place. I would ask for a lenient sentence that recognizes Jeff's good work and the practical arguments of a short time of incarceration.

Thank you for your consideration.

Todd H. Epsten

6701 Southwest Avenue

Saint Louis, MO 63143

(T) 314.633.3777

(F) 314.633.3786

('APE GI[i,/\RDEAU

COLU/v',lIIA

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09~cr-0054 7 ~CEJ Document 43-4

REAL ESTATE DEVHorMENT

Filed 11/06/2009 Page 23 of 24

FINN·ICE

COMMERCIAL llROI(ERt\GE

1'115 SOUTH 18TH STREET

SAINT LOUIS. MO 6310~

October 2) 2009

314'771'5335

314'77l'7268 FtL,(

www.ndcunsultlng.cutn

Honorable Judy Carol Jackson clo Jeff Smith

Dear Judge Jackson:

As you decide how to sentence Jeff Smith, I hope you will consider all his efforts and accomplishments he preformed as a young politician.

I have been around a number of elected officials during my professional life, which includes 16 years working for the City of St. Louis and now 11 years in real estate development.

Jeffs focus has been to truly represent ideas and legislation that furthered the priorities of the St. Louis region. He takes the time to really understand an issue and therefore can articulate his support. His efforts truly saved the state historic tax credit from becoming a useless program, a program that has done much to rehabilitate historic structures all over the state.

I met Jeff after his race for congress. He was just beginning his efforts to gain support for the State of Missouri's Senate seat. I was very impressed with his passion about issues that affect all income levels. iie was a tireless campaigner going into all the neighborhoods he wanted to represent. When he won, his actions proved his interest was real. I have met many elected officials who are more about themselves and their special constituents than the people who elected them. .T eff made the older or more entrenched political community nervous because he didn't just go along.

Jeff could reach out to a number of people with different interests and backgrounds to help find consensus. He could have become a very good leader but for this uncharacteristic mistake.

I believe J eff's future efforts will be to work on issues that hold back the St. Louis region. As you determine how he repays society for his mistake, could you find a place or assign him a role that helps our community? Since he is not a threat to anyone, putting him in prison is not a good use of tax dollars when he could be providing community service. Jess is very talented and so passionate about people and community, his service to the community gives more back for his mistakes.

I appreciate your thoughtfulness is this difficult decision.

KENNETH W. NUERNBERGER, Principal

MICHELE DUFFE, Principal

Case 4:09~cr~00547~CEJ Document 43~3 Filed 11/06/2009 Page 21 of 25

Maxine Clark

2105 South Warson Road st. Louis, MO 63124

September 21, 2009

The Honorable Judge Carol Jackson

Your Honor:

In the three years I've known Jeff Smith, I've come to respect his unwavering commitment to quality education for all children. I won't pretend I'm not deeply disappointed with him and the actions he took to land himself in this terrible predicament, but I feel strongly that any time he spends in prison will be wasted - both for him and for the st. Louis community. Please consider sentencing Jeff to community service rather than imprisonment.

Jeff and I have spent countless hours strategizing how best to fix Missouri's broken educational system. He is one of the few people I've know who is as passionate about education as I am, and I have watched him make great strides over the years to improve educational outcomes for our children. I'm sad that Jeff's grave indiscretion has deprived Missouri of a strong, actlon-oriented senator who was devoted to education as the last frontier of civil rights.

Please sentence Jeff Smith to community service. I know he will contribute to the betterment of our communlty If given the opportunity.

Sincerely,

~~

Maxine Clark

MClsc

Case 4:09-cr-00547-CEJ Document 43-2

Filed 11/06/2009 Page 24 of 25

Rodney Boyd ATTORNEY AT LAW 4053 Flora Place St. Louis, MO 63110

September 24, 2009

The Honorable Carol E. Jackson United States District Court

111 South Tenth Street

Suite 14.148

st. Louis, MO 63102

Dear Judge J aclcson

I am writing on behalf of Jeff Smith, the former Senator for the Fourth District. The purpose of my letter is twofold. First, to share my personal insights about Jeff Smith, that have I developed over the last several years. Second, and most important, 1 am requesting the Court to temper whatever justice is administered by the mercy that I believe is warranted.

I have known Jeff Smith both personally and professionally since just prior to his being eJected as a state senator from Missouri's Fourth Senatorial District. I have formally worked with Jeff Smith since he was sworn in 1 anuary of 2006 as the state senator from the Missouri Fourth Senatorial District, City of St. Louis. r have come to know Jeff Smith through many hours of personal interaction and professional dialogue. What I have come to know about Jeff Smith is that he is very complex, compassionate and dedicated public servant, in spite of his prior illegal actions.

I will forego any specific comment about the charges of which Jeff Smith has plead guilty to, for the Court certainly has sufficient information regarding those matters before it. would like to highlight and stress to the COUli aspects of Jeff. Smith's character that I have come to know from working with him as r have mentioned above.

When Jeff Smith was sworn in as State Senator, I was one ofthe first people that he met with. What I found in Jeff, was person that was uncompromising with regards to the following. He wanted to know the impact that the policy proposals would have on the daily lives of the least among his constituents. He was not often swept up with what was important to the corporate citizens, but to those who were the most vulnerable. When I had occasion to speak to Jeff about policy matters, he often countered with questions about how those policies would impact our educational system. How those policies would affect resources that would go into providing the best education and the best quality of education for underprivileged and often overlooked school children. What J noticed in Jeff Smith at the outset was a person who had committed himself to advancing the cause of those who had been overlooked for many by members of our state

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Filed 11106/2009 Page 25 of 25

The Honorable Carol E. Jackson September 21, 2009

Page 2

general assembly. As I have worked with Jeff over the last several years, what I found initially was codified time and time again. Specifically, that regardless of the economic development or business inclined incentive that might have been my focus, Jeff smith continued to take me back to and required that I explained how the policies would impact the most vulnerable of his constituents. Jeff was never content to hear how legislative ideas worked in the abstract or how they might benefit the most well off in his district. Jeff never wavered in his commitment to the most vulnerable constituents in his district, up to the day when he resigned from the office.

It is unquestioned, as his plea has clearly settled, that Jeff Smith violated the law and that he should and will be punished for the crimes that he has committed. As I mentioned earlier in this letter, I ask the Court to be mindful of the whole person of Jeff Smith and to temper the justice that it will mete out to him with mercy. Mercy not because Jeff Smith does not deserved to be punished, but because that in the time that r have known him as an elected public official, I can recall not one instance where he overtly or inadvertently sought to betray the public trust that had been vested in him by the people of the Fourth District. Although I have spent, in the last several years, hundreds of hours with Jeff Smith, I cannot recal1 one conversation where the tone even hinted at impropriety. No conversations about illicit or illegal activity, only conversations about what would be in the best interests of the constituents for whom he was elected to serve. When I first learned of the charges, as 1110St people who have worked with Jeff over the last several years, I was shocked and surprised. The charges were inconsistent with the character of the person that I had worked very closely with and had come to know and respect as a very

moral and ethical person. One thing I have come to learn from working in the politics for the last ten years, is that often the best and 1110st well intended person sometimes are overtaken by their ambitions. That is, unfortunately, what I believe contributed to Mr. Smith's offenses and has put him in the position in which he is in today.

To that end, and not to belabor the point, You Honor has a tremendous responsibility to mete out justice based on the facts and the evidence that is before her. However, it is my prayer and hope that as the Court is guided by the principles of justice to which you are bound to adhere, that you also be guided by the principles of mercy which you have the discretion to implement as well. Thank you for your time.

2:1~~

f Ro~:e~ J~ydl(

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Case 4:09~cr-00547~CEJ Document 43-2

Filed 11/06/2009 Page 23 of 25

October 7,2009

Honorable Judge Carol Jackson

Dear Judge Jackson:

I am writing to you regarding a matter scheduled to come before you on November 10, the sentencing date for Jeff Smith. As a former judge, I kn ow that you have a weighty decision to make, I am familiar with the facts of the case, and do not condone Jeff's violation of the law.

I met Jeff when he was running for Congress in 2004. He was a tireless candidate. Before I met him, I heard about him from one friend, and then another, and then another. One of them hosted a coffee for him, One ran into him at an event focused on women's issues. One met him when he knocked at her door. He appeared to be everywhere.

When I met him, that made sense. He had boundless energy and enthusiasm. And he had a crew of young college students trailing him, knocking on doors, waving signs, and spreading the word about his platform throughout the city. He had inspired most of them through his teaching. As many of us understand, too often our academic training doesn't prepare us for our professional work. But clearly Professor Smith was out to make sure that these kids got a real understanding of how politics works, as opposed to the textbook learning inside the classroom.

In any case, I talked to many of these young volunteers, and was moved by their support of Jeff over candidates that I knew far better. The positive effect that Jeff had on young people of all races and backgrounds was astounding. Even in spite ofthe mistakes that Jeff made during that campaign, I believe that I made the right decision in supporting him just as I believe I am making the right decision in drafting this letter, because Jeff Smith is a fundamentally good person whose energy and ability to connect with our city's youth should be harnessed in a positive way, and not stifled in a correctional facility.

As a 29 year-old man in his first campaign, Jeff made poor judgment choices amid the pressure of a hotly contested congressional race. He should not be excused for the mistakes he made then and in attempting to conceal them, but neither should he be doomed. Because of his crime and resignation, he will not be allowed to continue to making the positive difference he was making in the Senate. But I truly hope there is some alternative sentence that will allow him to continue making that difference, because the city and entire region will be better for it.

The concept of restorative justice calls upon our community to provide Jeff a means to make the victims of his crimes whole. Just as he marred the concept of fairness for youth, so should he be sentenced in a manner that would give him opportunity to educate young people about the real world of politics and to help another young person from making similar bad choices. He has the talent to do outreach with regard to ethical dilemmas and to make sincere apologies to Congressman Carnahan and any other individual for whom he caused stress and potential injury. Whatever sentence he receives should hold him accountable in a very clear manner that allows the community and him to heal.

None of us are without our flaws. Jeff is young enough to learn from his errors, to submit to counseling to gain further insight into his actions and to mandated to give back to the community what he stole from it, a beJief in fair and ethical campaigning.

Thank you for considering my view.

Respectfully,

Susan Block

Case 4:09-cr-0054 7 -CEJ Document 43- 13

Filed 11/06/2009 Page 20 of 26

20 Woodland Avenue Bronxville, New York 10708

September 8,2009

DearJudgeJackson:

My name is Adrienne Smith. I am a 54-year-old retired lawyer and I live in Bronxville, New York. I met Jeff Smith for the first time in February, 2005. My daughter, Elisabeth, was a senior at Dartmouth College and the president of the Dartmouth Democratic Club. Jeff was a visiting political science professor there at the time. Elisabeth mentioned Jeff often and, at a political rally for John Edwards, she finally introduced him to me. As my daughter Is statuesque and quite beautiful, I expected that anyone In whom she had a romantic Interest would be similarly endowed. When the moment came for me to meet Jeff, I was stunned. Standing before me was a 5'6", liS-lb., somewhat disheveled person who looked 10 years younger than his chronological age. And yet, from the moment that I started talking with him, I realized that Lis had happened onto a completely delightful person.

From that time in 2005 until Jeff and my daughter decided to go their separate ways In early 2009, I spent innumerable hours with Jeff: at Dartmouth, in St. Louis, at his swearing-in in Jefferson and at our home in Bronxville. I found him to be one ofthe finest people I had ever met. He seemed to have a burning desire to make st. Louis a better place, to help those far less fortunate than he to have at least a chance at a better life. At times, his drive could be exasperating. We were unable to go anywhere in St. Louis, and even New York, without people coming up to us and engaging Jeff in lengthy and heartfelt conversation, usually based on their having seen "Can Mr. Smith Get to Washington Anymore." Jeff was always unfailingly polite to them no matter how cold his food was getting, while, frankly, Lis and I would sometimes stew with impatience. Sometimes, In the role of quasi-mother, I worried about Jeff's Inability to get a good night's sleep. He was unable to rest for more than four hours at a time, always wracked with Ideas about what he could do better, In a less charitable mode, I found him to be a complete mess, both in dress and living style. His car looked llke a town dump, hIs clothes were always lll-flttlng and rumpled, and his apartment had very few of the basics that most people need to live a normal life. Over time, Lis and I tried to impress on him the need, as a public figure, to be more presentable, and, with a small amount of discreet purchases, moved him, quite literally, out of the children's department into one for diminutive men.

I sawall this chaos as the mark of a man with a mission: to make a maximum impact for good in his world. He had no time for possessions, for clothes, for cleanups and grooming. Rather, he had a burning desire to do good, both as a politician and as a professor. The sincerity of his effort comes out loud and clear in his movie, as do the causes he took up in the State Senate. It would be difficult to convey the despair I feel at the moment that such a decent, hardworking, and dedicated person Is now

Case 4:09~cr-00547-CEJ Document 43-13

Filed 11/06/2009 Page 21 of 26

potentially going to be lost to all of us as a public servant and a teacher. While I know that Jeff has great Inner strength, this turn of events has hurt us all, and I can only hope that he is given a fair chance at personal redemption.

Thank you.

Sincerely,

A J- h€V\ \, <: s;, Ih.

Adrienne Smith

Case 4:09-cr-0054 7 -CEJ Document 43-13

Filed 11/06/2009 Page 22 of 26

ANDY SMITH

1030 Glenbrook Ave Suint LOllis, Mo 631:n

September 28, 2009

To The Honorable Carol Jackson,

I am writing on Jeffrey's behalf as a totally biased oberver - I am his older brother, Andy. As with many brothers, we have been ultra-competitive since he was born. In fact, for years, we couldn't play basketball or tennis together without fighting. The thing is, while he probably always felt he had to follow in my footsteps, having many of the same teachers, getting good grades, playing sports, etc., I actually was often the one in his shadow. I am perfectly content to live a private life, but Jeffrey has thrived in the spotlight, whether for academic or athletic achievements or for helping others. He has always been completely selfless with his time, willing to help strangers, even if it hurts him financially or talces away from time with loved ones. I remember when he was in high school and college and he would volunteer his time to feed the homeless, work on political campaigns, or simply invite friends from the high school basketball team over for a good meal. I remember thinking to myself,"I guess maybe, despite being younger, he is more mature in some ways, or at least less selfish, than I am."

When he first decided to run for office, Jeffrey already knew a ton of people around St. Louis. By the time he was elected State Senator, it seemed he knew them all. Personally, seeing his life up close, I couldn't see why on Earth anyone would want to be an elected official. But that's what made him so good at it - unlike most people, he loves what he is doing, loves the political process, loves debating policy issues, and, most of all, loves helping people.

Whenever we do anything out in public (such as play tennis or golf), he is constantly interrupted by people. I cannot understand how he remembers their names, not to mention details about their lives, what he could do/had done to help them, etc. The point is that he is not some phony (as many of the elected officials I have met are) that got elected and then just tried to help himself. It is the exact opposite - he doesn't care about himself (which always aggravates our Mom). He slaps meals, doesn't sleep, doesn't really take care of himself because he is so wrapped up in his job, a job that paid a salary well below what he could have earned in the private sector. He put all of these people ahead of himself, a perfect example of whieh oeeured at tins sununer's 4th annual Jeff Smith 3-on- 3 basketball tournament at Fairgrounds Park: The winners of the tournament reveive bicycles, yet somehow they were one bike short, so Jeffrey just gave one of the kids

his own bike and bought another one for himself, using his own money. (He also already knew he was in trouble, yet he refused to cancel the event so as not to disappoint all the lads. As a sidenote, this event, which includes hundreds of city youth and their families

Case 4:09~crM00547MCEJ Document 43M13 Filed 11106/2009 Page 23 of 26

playing ball, having fun, and taking advantage of all the valuable services offered, makes me much more proud to be Jeffrey's brother than all of'his associations with 'powerful' people in the state.)

Anyone who has seen how Jeffrey lives realizes that he is in politics for the 'right'

reasons. He doesn't care about appearances, perks, nor material objects. He essentially uses his car as a traveling hotel/office and is equally comfortable playing pickup basketball in the inner city as on the Senate floor. He truly cares about his constituents, and encourages them to contact him. He has a staff, but judging by the constant barrage of phone calls, emails, text messages, etc. he receives and responds to, he devotes more of his life to his job than anyone I know.

By virtue of knowing so many people, Jeffrey often is offered Cardinals tickets. I know he really didn't want to accept them, because he prides himself on not doing anything that jeopardizes his impartiality or making him beholden to anyone (again, unlike any other politician I have met). However, I am a huge Cards fan, so he frequently takes the tickets just so I can go to the games. The problem is he has to go too, I'm sure the last thing he wants to do in his limited free time is meet more people or attend a game in which he has no interest, but he does it anyway, just for me.

The bottom line is that the biggest crime in this case would be sending my brother to prison for one mistake that hurt NO ONE and didn't even benefit him. There is no reason to incarcerate someone who poses absolutely no threat to anyone and who has proven throughout his life that he can and will do so much good for so many people. Whether required to perform community service as a result of this or not, I'm quite certain Jeffrey will continue to do so. If you saw how so many people look up to him and are grateful for something he has done, you would recognize what a waste it would be to lock him up.

Sincerely,

Andy Smith

Case 4:09wcr~00547~CEJ Document 43-13 Filed 11/06/2009 Page 24 of 26

October 21, 2009

The Han. Carol Jackson Judge

United States District Court Eastern District of Missouri

111 South 10th Street, Suite 3.300 St. Louis, MO 63102

Re: Jeff Smith

Dear Judge Jackson:

)

It has become almost a cliche to say that someone's significant other makes one a better person. I remember the day when Jeff uttered those words about me. It was at his inauguration on the floor of the State Senate, and I could not h~ve been prouder. Here I was with the man I loved, whom I had seen dedicate almost every living second that he didn't devote to his day job as a teacher to his overriding passion, bettering the City of st. Louis, never for the money, but, rather, for the joy of serving others.

That day, he conveyed his gratitude toward me for standing by his side. Today, I must convey my gratitude toward him.

For those brief four years he was in my life, I watched Jeff with wonder, astonishment, and, occasionally, frustration. Every day we had, every plan we made together, was asterisked with the caveat that the needs of his then or future constituents might intervene.

And often they did. Whether he was working overtime in office hours with his students, returning calls from people who had been stonewalled by the people who were supposed to represent them, or simply stopping on the street to listen to people air their grievances about friends, family, faith, and government, Jeff was someone who always put himself-and me-last.

But to paint it as selfless would be a mistake. There was a joy and pleasure to it. I remember the day Jeff got a call from MIss Manuel, who complained about her local elected officials never doing anything for her and then asked Jeff to cut the brush in her lawn. He went over to her house and cut that brush with more joy than any future-Senator had ever cut brush in his life. When he came back home and drew a hot bath to relieve hls aching back, he beamed with joy at the work he'd done that day. And as a result, Miss Manuel made sure her neighborhood knew that this quirky, dIminutive white guy would serve them well in Missouri's Senate.

Case 4:09-cr-00547-CEJ Document 43-13 Filed 11/06/2009 Page 25 of 26

I remember another day when he and I walked for miles, knocking on doors and handing out flyers for his community 3-on-3 tournament, where there would be basketball but also free health screenings and other essential services. After hours on our feet, we heard the telltale sound of a basketball on concrete and like a moth to flame, he ran to play pick-up with a group of young boys, mostly under the age of 10.

As I tried to referee, the boys made fun of Jeff for his height (5'6" on a good day) and his skin color (pasty white), but the moment that that ball got in his hand and he sank that first shot, he was Steve Nash to them.

He could have talked trash right back, but instead he asked them how school was going and what subjects they liked. He urged them to keep playing ball, but to stay in school and approach their studies with the same fervor they devoted to basketball. After the match ended, he handed them his card. When they saw who they were playing with, they tripped over their words, trying to express their wonder and amazement, but Jeff would have none of it-none of their deference to his position. Instead, he told them quietly that if they or their parents ever needed anything, they should call him.

That is Jeff in a nutshell. And that was my life with Jeff. Every minute he didn't spend with me, he spent working to make the City of st. Louis a better place. I have to admit that sometimes it was extraordinarily difficult to take a backseat to such a lofty goal.

When our relationship came to an end, I remember the chorus of people rushing to my side to my side to say, "Sorry." They knew that even in light of the hours he devoted to his jobs and the city he loved at my expense, I'd lost someone whom I had loved dearly.

It was a somewhat smaller crowd of people who rushed to my side when he was convicted of a felony to say, "Sorry." They pitied me for my life in politics and for "being tarnished by keeping such close company with a now-convicted felon.

But I am not sorry, nor do I have any regrets. I was blessed to catch lightning in a bottle, to meet the kind of person to whom public service isn't a career steppingstone, but a belief they hold dearly.

Jeff's political career may be at an end, but his contributions to society are not. Throughout his brief career in public service, he fought for the people without a voice. Whether it was the children in crumbl1ng, overcrowded schools or the fathers impoverished by an arcane and outdated legal system, he represented the people whom the law left behind and others in his position of power simply forgot. I am lucky that I got to see it firsthand.

Case 4:09~cr-00547-CEJ Document 43-13 Filed 11/06/2009 Page 26 of 26

It would be easy to leave Jeff behind, to make him just another guy convicted of a felony. Given his past and future contributions to society, I sincerely hope that is not the case.

It may be a cliche, but he made me a better person. And I have no doubt that he will have the same effect on anyone's life that he touches in the future.

Respectfully,

Elisabeth Smith

Case 4:09-cr-0054 7 ~CEJ Document 43-12

Filed 11/06/2009 Page 14 of 26

CAPITOL. OFFICE; STATE CAPITOL. ROOM 42G JEFFERSON CITY. MO 651 0 I TELEPHONE (573) 751 • 1282

TOI.L FREE (66G) 271-2644 FAX (573)526-4766

COMMnTEES:

SMALL BUSINESS. INSURANCE AND INDUSTRY CHAIRMAN

ApPROPRIATlDNS

MISSOURI SENATE

EDUCATION

JEFFEIISON CI1'Y

GENERAL LAWS. VICE-GI'IAIR

SCOTT T. RUFP

2ND DISTRICT

September 10, 2009

The Honorable Carol Jackson United States District Judge St. Louis, MO 63102

Dear Judge Jackson:

I am writing on behalf of Jeff Smith in regards to his sentencing hearing for his guilty plea in federal court. I have known Jeff Smith for several years and have seen his ability to connect with today's youth and deliver a strong message while encouraging them to take action. I believe Jeff Smith has a large potential to share his story to teach today's youth about right and wrong amid complex issues. He has an ability to reach them on a level that I have not seen in hundred's of teachers, professors, celebrities or speakers.

That being said, I feel that sentencing Jeff to do time in a federal prison will not be beneficial to society or to the tax payers. Jeff has already lost his livelihood, career and faced public scrutiny and humiliation, but he still has many benefits to our society.

I am requesting that you take the following matters into consideration when dealing with your tough decision to carry out just punishment.

I believe that sentencing Jeff to community service, having him spend the amount of time deemed adequate by the courts educating today's youth on how to keep a focus on the rule oflaw, and not to let power and influence corrupt them would have a lasting impact on future generations. Having Jeff tell his story to the youth oftoday, teach imler city impoverished lads and instill hope in them for a blighter future would do more good than prison time.

Jeffhas a long history of reaching out to the youth of America. He has tutored and connected with the inner city youth ofthe City of st. Louis which has been a rarity as of late. He has started schools for the disadvantaged and raised scholarship money to give them hope demonstrating he can teach as well as show the kids how to do the things on which he has instructed them.

Case 4:09-cr-0054 7 -CEJ Document 43-12

Filed 11/06/2009 Page 15 of 26

The Honorable Carol Jackson September 10, 2009

Page Two

Jeffhas created, organized and put 011 successful events to encourage kids to stay in school and walk the straight path to success, using Iris amazing ability to reach them on their level and engage them in the process of mapping out their future, Jeffhas done so many amazing things with the youth of today, which I believe his talents should be harnessed by the government to minister to them again.

I believe that having Jeff share his story, and do community service while speaking to the youth of Missouri, teaclring them the pitfalls that await them and how to not succumb to the temptations they will face would be a wise and just sentencing for Mr. Smith. I humbly ask that you consider this option when wrangling with your difficult decision.

Thank you for your consideration of this matter.

Sincerely,

~C/?

Sen. Scott T. Rupp

Case 4:09-crM00547~CEJ Document 43-11

Filed 11106/2009 Page 14 of 26

State Capitol, Room 419 Jefferson City, MO 65101 (573) 751-2272

Fax: (573) 526-7381

31 st District Warrensburg, MO 64093 (8GG) 277-0882 dnvid.pcnrcc@scnnlc.mo.gov

MISSOURI SENATE JEFFERSON CITY

Senator

David Pearce

September 12, 2009

TIle Honorable Carol E. Jackson United States District Chief Judge United States District Court

East District of Missouri

111 South Tenth Street, Suite 3.300 St. Louis, MO 63102

Dear Chief Judge Jackson:

I am writing on behalf of my good friend, former State Senator Jeff Smith. I have known Jeff since 2007 when we first met at the State Capitol.

I always admired Jeff for his strong work ethic and for his ability to advocate for those less fortunate. I always considered the state of Missouri privileged to have someone of Jeff's caliber in public office.

As we kn ow, Jeffhas admitted to past mistakes and is willing to accept responsibility for hisactions. Seldom does one admit to such public mistakes with such honesty and candor. I think that is a very positive step.

Since Jeff has so many skills from which others could benefit, I would encourage you to place him where he can make a positive contribution. As we know, Jeff has dedicated his life to inner-city youth. Perhaps working with them would be a positive way to help pay back his debt to society.

I am not advocating that Jeff be let off scot-free, however, it would seem more purposeful to place him in an environment where he could help others. Obviously, Jeff has suffered a great deal by resigning his Senate seat and giving up tile dream of ever holding public office again.

1 eff is a good friend that has made mistakes, owned up to those mistakes and is ready to make amends. I ask in his sentencing that he is placed in a position to help others and thereby contribute to society,

Sincerely,

C?{{~c(~~

David Pearce

State Senator, District 31

COMMITTEES:

AI'I'ROI'IlIATIONS' EDUCATION, VlCE-ClIAIIl' i'INANCIA~ AND GOVEIlNMENl'AL OIlOANI7.ATIONS AND E~EC1l0NS

J005, ECONOMIC DllVELOI'~WNT AND Loc,li. GOVDRNMIlNT' VIiTERANS' AFF,IIRS, PIlNSIONS AND URDAN AFPAlilS • EOUCA'ICn CrnZllNllV 2020 COMMn'rEll JOINT COMMrrmr. ON CAPITOL IMI'Il0VEMENTS AND LIlASllS OVllItSIGfn" JOINT COMMI1TllllON TmUlDRISM, BloTEllnoRISM ANP HOMP-LANP SrrCURITY

Case 4:09-cr-0054 7 -CEJ Document 43-12 Filed 11/06/2009 Page 23 of 26

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Case 4:09~cr~0054 7 wCEJ Document 43-2 Filed 11/06/2009 Page 13 of 25

MATTI-lEW V. BARTLE 10817 VVILDIPLO'Vl~R DRIVE LEE'S SUlvnvnr'l\ .MISS01JRI 64086

81B-:305-U288

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Via Hand-Delivery Through Counsel to Jeff Smith

September 4, 2009

Honorable Carol Jackson united States District Court, Eastern District of Missouri

Dear Judge Jackson,

I have served with Jeff Smith in the Missouri Senate since he was first elected. Jeff and I are nearly polar opposites in our politics and thus we were most commonly adverse in debate and in voting. Yet, in spite of this wide gap in our views, I believe that Jeff's overwhelming motlvction was. advancing the

interests of others. . '. .'

Here is what I have observed over the past three years:

• Jeff assembled the most elaborate system I have ever seen for staying in touch with his constituents. Although constituent. communication is essential for anyone who holds elected public office, because it takes so much time and hard work, few do it with distinction. Jeff poured himself into explaining to his constituents the issues and obtaining feedback from his district. He cared deeply about understanding his constituents and their expectations. Jeff would work late into the night writing updates and providing personal replies to those who wrote him.

" Door to door campaigning is a test of endurance for someone seeking public office. Many candidates do not do it because they believe i't is physically grinding. Yet, door to door is the best way to meet with and hear from the voters. Jeff has spent months and months going door to door in neighborhoods that even police officers would avoid i,fthey were running for office. I see in this not only couroce.ibut also strong indication that Jeff genuinely cared about reaching out to each and every voter regardless of where In his district they lived-not just those who lived on

Case 4:09~cr-00547-CEJ Document 43-2 Filed 11/06/2009 Page 14 of 25

safe streets in safe neighborhoods.

D Jeff's charity basketball tournament, which I am sure others will call to your attention, is unique. I do not know of any other elected official in the slate who does anything like this charity event. Jeff devotes so much time and attention to this event because he loves the young people that participate and the kids who benefit from the funds he raises.

.. Regardless of how frustrated I was with Jeff for some stance he was taking on an issue, I could not help but like him, Jeff is kind, bright, well-read, and extremely articulate. Although I was largely unsuccessful in convincing him to vote with me, I never felt that he was uninterested in my reasoning or dismissive of my point of view.

Judge, Jeff obviously made some terrible mistakes, Regardless of how you exercise your discretion in his sentencing, he will pay the price for those bad decisions every day for the rest of his life. It will be nearly impossible for him to ever hold public office (elected or unelected) or to obtain a teaching position, Please take this into account when you decide how much additional punishment is appropriate.

I believe Jeff is a good person who made a bad decision. I believe Jeff will learn from his mistakes and he will emerge from this as a person evermore committed to serving others.

Matthew V. Bartle

Case 4:09-cr-00547-CEJ Document 43-3

Filed 11/06/2009 Page 12 of 25

CAPITOIL OFFICE Slate Capitol

201 West Capitol Avenue Room 101F Jefferson City, MO 65101 6806 Tele: (573) 751-4468 E-Mail:

Don.calloway@house.mo.gov

COMMITTEES Rules

Special Standing Committee on General Laws

Special Standing Committee on Emerging Issues in Animal Agriculture

DONALD CALLOWAY, JR.

State Representative Distriot 71

Judge Carol Jackson

Thomas Eagleton United States Federal Courthouse Eastern District of Missouri

St. Louis, MO 63101

Dear Judge Jackson,

It is with great sadness that I write to ask your lenience in sentencing my friend and political mentor Sen. Jeff Smith. 1 understand that this mistake was intentional and regrettable. But there is no doubt that his exemplary record of public service dwarfs this unfortunate incident.

I met J efi' in 2006 in the midst of his Missouri state senate campaign. I was immediately struck by his sincere desire to seek public office in the name of service alone; particularly with his zeal for serving lower-income African Americans who comprised the majority of his 4th Senatorial District. I am proud to say that Jeff never once wavered from his commitment of service, even as associates and political pundits wondered aloud why he spent so much time helping such a low-voting community.

Among his many service milestones, I witnessed Sen. Smith organize his legions of followers into devoted mentors, tutors) and community activists. Sen. Smith spearheaded the largest North St. Louis service efforts in recent years including annual community health fairs, school supply and clothing drives, neighborhood clean up, and regular tutoring sessions. Furthermore, Sen. Smith founded and fostered the Confluence Academies, giving North St. Louis children a nurturing and safe educational alternative to the struggling st. Louis Public Schools. This may be his greatest legacy, as the Confluence Academies will continue to prepare our children with a sound academic foundation to compete in the global marketplace.

Case 4:09~cr~00547~CEJ. Document 43~3

Filed 11/06/2009 Page 13 of 25

Sen. Smith's legislative impact will be felt into perpetuity as wel1. He alone conceived, drafted, and passed the Fatherhood Support Act, which created an alternative to jail time for fathers who have fallen behind in their child support payments because of unemployment or financial hardship. While this is not a free pass for deadbeat dads, it is a reasonable solution to resolve fathers with their children, and to create accountability in fatherhood. As you know, the criminal nonsupport statutes disproportionately affected St. Louis' African American young men. I credit Sen. Smith with recognizing the plight of these young men, endeavoring to do something about it, and succeeding.

As a politician myself, I can attest that many of us maintain elected office for the glory or local fame. This was never the case with Sen. Smith. I continue to be amazed by the energy with which he approached public service, and the zeal with which he attacked the ills of St. Louis' urban areas. I never saw him turn down a request for assistance or advice, nor fail to stand up for a friend in need. There are hundreds of young people in the St. Louis area who are now engaged in various forms of public service because they were inspired by Sen. Smith.

I understand that Sen. Smith's mistake was real. But his record of public service is distinguished and unmatched, and will always bedim this hour of struggle. Without hyperbole, it is clear that St. Louis and MiSSOUl'i are better because Jeff Smith was here, and decided to make a difference. I humbly request that the court find leniency when considering a sentence for this outstanding public servant.

~7

Donald C7.iESQ.

Case 4:09~cr~0054 7 -CEJ Document 43~4

SENATOR JASON G. CROWELL

27TH DISTRICT

Filed 11/06/2009 Page 9 of 24

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Page 10 of 24

Case 4:09~cr-00547~CEJ Document 43-4

Filed 11/06/2009 Page 11 of 24

CAPITOL OFFICE

State Capltol, Room 2ZS Jefferson eily. Missouri 65101 573·751-11 B6 Toll Free: 866-543-0420 F sx. (573) 526-9852

Emnil: Jnne.Cunntnghnrngjsenute.mo.gov

COMM1TfEES

Finnnclul nnd Governrnentul Orgnnizntlons find elections, Vice-Choir

Trunsportutlon

Judiciary and Civil und Crimlnul Jurisprudence Hcnlth, Mentul Health, Seniors nnd Pnmllies Veteruns' Affuirs, Pensions und Urbun Affnirs Joint Committee on Educatlon Educated Citizenry 2020 Committee

KITCRANCER ChiefoFStulT

MISSOURI SENATE

.JEFFERSON CITY

SANDRA ALLEN Legislative Assistant

JANE CUNNINGHAM

Stllte Senator

St. Louis County, District 7

September 14, 2009

The Honorable .T udge Carol Jackson

RE: Jeff Smith

Dear Judge Jackson:

I should be on former Senator Jeff Smith's political enemy list and he on mine. He's a Democrat. I'm a Republican. He's a liberal. I'm a conservative. He's from St. Louis City; I'm from St. Louis County ~ districts with very divergent interests and viewpoints.

Despite om opposites and despite the transgressions he has admitted, I have the highest respect . and admiration for Jeff Smith. Why? Because I have served with him in the all consuming, energy sapping, politically perilous trenches of the Senate and before that as a House member working in coordination with him.

We found that we connected on the issue of children, especially disadvantaged children in failing school districts. These children desperately need an opportunity in life while those of us who are responsible attempt to dramatically improve their struggling educational institutions.

During the 1110st recent session, Sen. Smith and I stood as' a bipartisan partnership to get the landmark merit pay increase for St. Louis Schools passed against efforts to filibuster our measure. We also stood together to protect the historic tax credits that are so critical to the rejuvenation of st. Louis in a way that protects the heritage of this great city.

Jeff is more interested in policy than politics and has put himself at great political risk with the teacher's union to do what he knows is right for students. I have seen news videos when he was being screamed at by powerful special interest groups for standing up for others who will never be in a position to help him.

He is also the author of an outstanding new statute because he cared to make the lives of hurting people better and because he was willing to sacrifice to do so. That program brings estranged dads and their children together, encourages and holds fathers accountable for getting and keeping

Ballwln • Bridgeton' Chump' Chesterfield- Clarkson Vulley • Creve Coeur' Ellisville Florlssnnt- Hazelwood • Maryland Heights- Town & Country

Case 4:09-cr-00547-CEJ Document 43-4

Filed 11/06/2009 Page 12 of 24

Page 2, Information on Jeff Smith from Senator Jane Cunningham

a job and paying child support and hopefully restoring the family unit. I am on the committee that held the hearing on his legislation. Sen. Smith pulled together the 1110st amazing witnesses to ensure committee members understood the gravity of the situation and the need for Jeff's solution. You could tell he personally knew these struggling men and had worked closely with them to improve their own lives and that of their families. He saved many men from prison terms for nonpayment of child support and turned them into productive citizens and-supportive fathers. Jeff

Smith was their lifeline. '

Jeff had a tremendous following of African American boys who looked to him for encouragement and challenge through the basketball tournaments he organized, ran and played in on their behalf in StLouis City. They see him as not only amentorbut as an equal because Jeff never thought of himself above anyone no matter what their station or situation in life.

There a common denominator with all these groups, the disadvantaged children in failing schools, the estranged fathers probably facing a nonproductive life of despair and prison, and the boys for whom he organized basketball tournaments ...... none of them were in a position to further Jeff Smith's political career. He helped them because that is what he believed in.

Now he faces the potential of the very thing from which he saved others ... .incarceration,

Those of us who have worked closely with Jeff Smith know he's the real deal. The loss of Jeff leaves a gaping hole in his community and tile State Senate, and many of us in that senate family are hurting because of the loss, personally and legislatively.

You are sitting in judgment over one of the 1110st unusual, committed and selfless individuals I have ever met. ... one who certainly could have enjoyed a pampered lifestyle after graduating from Ladue High School, but chose to pour himself out for those who were desperately hurting from a different race, religion and culture than his roots. I urge you to assign him where he can continue

to produce the amazing outcomes for which he is known .improving opportunities and giving

hope and direction to students.

Respectfully, ~e Cunningham •

P.S. I've watched Jeff teach his former class at Washington University. He knows how to inspire and move young people. His Teaching Assistant, not surprisingly, is now teaching in a St. Louis City Charter School in the Teach for America program. He is also raising money to help buy supplies for his students. I wonder where he possibly got an idea like that!

Case 4:09-cr-00547-CEJ Document 43-10

Filed 11/06/2009 Page 8 of 24

CAPrl'OL OFFrC£i;;.

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IVIISSOURI SENATE

JEFFERSON .ClTI'

RYAN lVIcKENNA 22ND I)1STRICr

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m~~r~t~ ~FPONlUENi5

September A, ~009

To· Honorable Judac C.aro] Jackson:

... ... , - " . ;: ..

Lhavc had the pleasure of working will) Jeff Smith in theMissouri Senate for over the past 3. years. During the ye-al~ of'our acquaintance, I have: ,Vat6hcd J9IT fight for the causes that he is passionate about He caresdeeply about the Cit)' ers, LOllis. about those less Iortunateamong USHDd pqhUc education a.~ro~.s the state,

h ... '~ .s.3dde~~.ed to hear that Jt![f c<)·lnmltrcd a .sorious :lm:ach ot~ public trust. :Thi$ \ .. -as a grave diSapp-oinlmt;n! to not onlihis family, friends .and 'collcaguesbur.mos; :rIl1port~Ilt1y the citi:zens of St, Louis .. Gil)' .ar,l·4, 1.he. State of Missouri, _As we .. all know, people tm,l.L:'e mi.$takfS,. but! know .Jelf 1 obe an: inidligen(~.~apable;arid dcdi~ated indivldual. :My hopeis tPi!! y~)U\\~U aJ!owhlm.t{{u·se:those q~~liti(,'-5·lti:help c;lt,hel's. As a fuSt:tiw:e - QDender~ 1 would plead ' .... ith )tou to o£t~r.C9mmunity·serVi~~ vo.l~~r.;·;;ring, or.teaching or coachinzinstead of incarceration. .. ...- . .. . . .. :. . .. , . - .. .

. "'"! '

. ..

Thank you for )'QU consideration and p lease do. not bcsitatc to. call nt.;:-jfyou have any

questions, - . -

Sin~cr~ty~

.~

.', ....

. .

Ryan 1>'l~Kenna . Missouri -Slal~ S~r)MOr . District 22

R.l.'.if!1h

Case 4:09~cr-00547MCEJ Document 43-3

Filed 11/06/2009 Page 25 of 25

September 24, 2009

The Honorable Judge Carol Jackson clo Ms. Katherine Nangle

3875 McDonald Avenue

St. LOllis, Missouri 63116

Dear Judge Jackson:

In my years of service to this community and advocating for positive social change, 1 have encountered many situations and circumstances where justice is free of reason. Our system of justice is often unforgiving, unproductive, and in some cases unfair in its application. Today, r am advocating Ior justice in the case of The United States of America vs. MI'. Jeff Smith.

By virtue of its definition, 'justice' is characterized not only by administration of punishment or reward, but to also acquit in accordance one's ability and potentialities.

While I do not condone the actions of Mr. Smith, I do believe that he has the ability and potential to reconcile, educate, and give penance through community service as part of his sentencing arrangements.

Mr. Smith has always impressed me with his passion for youth and education. His knowledge, education, skill, and dedication have been manifested in many wonderful community-building events and initiatives.

In a community where so many young people are being failed by our education system, Mr. Smith could add tremendous value to the classrooms of our public schools, or working with non-profits focused on engaging young people in our community.

I appeal to your good judgment in providing an adequate sentence upon Mr. Smith to trul serve justice to those who have been wronged, by thinking outside the walls of . onfi'it merit and focusing his sentence on service to our community.

4666 Tennessee Avenue St. Louis, MO 63111

Case 4:09-cr-0054 7 -CEJ Document 43-4

Filed 11/06/2009 Page 22 of 24

Political Intelligence and Analysis

Dear Honorable Carol Jackson,

I have known Jeff Smith for about five years. We met when he was running for Congress in 2004. Although I was disappointed to learn of his role in lying to investigators, I am truly heart-broken that he will no longer serve in the state legislator.

As a political journalist I follow state politics closely. Most legislators are sincere, good-hearted people, but Jeff is exceptional. He displayed an extraordinary dedication to his job, and to good public policy.

Two examples jump to mind: the policy areas of education and policing. In both cases, Jeff's thinking and positions changed during his time in public service. In both cases, the movement occurred because he insisted on finding out the facts first-hand .

.Teff visited scores and scores of public schools in the city of St. Louis. More, I would bet, than any other elected official in the state. For most of a year, he marked off Mondays to visit schools. If he arrived and an administrator tried to steer him in to a particular class-room, he politely insisted on choosing a random classroom to observe.

We talked each week about what he saw. Sometimes he witnessed amazing teachers; sometimes horrifying ineptness. Sometimes the class rooms sat mostly empty; other times they were packed. But as he visited schools - eventually over fifty- what he saw led him farther and farther from his natural

liberal perspective toward a pragmatic, even conservative view of school choice.

It led him away from his initial base of supporters and contributors. It led him away from most others in his Democratic Caucus. He became a champion for reforming the schools even though it meant bucking the Teachers' Union and risking an opponent in his re-election bid.

The same process happened in the area of policing. He spent night after night riding with St. Louis City policemen, seeing first-band and up-close what a routine day on the job entailed for them. And subsequently he told me - I'll never forget because I stunned to hear it from a supposedly dyed in the wool liberal- "I've changed," he nodded, "I going to do whatever I can to help these guys do their job." Again, it was a step away from his political base.

The ability to care more about the issues more than the ideology is precious. He made terribly poor choices with regard to that stupid postcard. But he was a damn good legislator, and it's a shame Missouri won't have him in the Capitol next January.

Sincerely,

~iJ~

David Drebes

Case 4:09~cr-00547~CEJ Document 43-4

I

Filed 11/06/2009 Page 24 of 24

ROSgRT W. DUFFY 4100 l...ACLEDE AVENUE

APARTMENT 203

ST. LOUIS, MISSOURI 63108

October 9, 2009

The Honorable Carol Jackson United States District judge 111 South Tenth Street

St. Louis, Missouri 63102

Your Honor:

Please accept tills letter in support 0 f J efE Smith. I have known Mr. Smith for several years and count him as a colleague and a friend. I have followed his political and academic careers with interest and enthusiasm. I respect his intelligence and energy, as well as his commitment to public service. I am also aware of tile trouble in which he finds himself. Although I cannot excuse his actions, I believe truly he has understood his misbehavior in a most profound fwd searching way, and as a result of those reflections, my perception is he has paid dead)' for his lapses in judgment.

I hope sincerely you and the Court will take into account Mr. Smith's service to the community. Through his involvement and leadership in the establishment of charter schools he has evidenced his commitment to tile betterment of education for children in tile poorest neighborhoods. In tile Missouri Senate, his efforts for tile rehabilitation of the City of St. Louis with tax credits has been exemplary. My belief is community sci vice, in which he excels and in . which he has experience, would be a better, more creative disposition of his case til an incarceration.T respect your judgment in this matter, and along with this respect express my hope for leniency in Mr. Smith's case.

Very trw)' youts,

(VD~~, O~

Robert W. Duffy I· II

Case 4:09-cr-00547~CEJ Document 43-11

Filed 11/06/2009 Page 20 of 26

09/24/2009

To the Honorable Judge Carol Jackson,

I am writing his letter in regard to Jeff Smith. I am a police officer with the St. Louis Metropolitan Police Department. I first met Jeff about two years ago when he did a ride along with us one evening. At that time I was on the midnight shift. During that time, the city was trying to get control of the police department. Jeff was sincere and concerned about our thoughts and opinions of the city possibly getting control of the police department. I must say, I was impressed with Jefffor a couple of reasons. First reason, he was in a patrol car, answering the calls with us in the middle of the night in North St. Louis. I have never seen a Senator or Representative do that. Second, what impacted me was his interest in the people he was serving. Here he was, at the time a representative campaigning and actually meeting the people in his district in some of the most deplorable situations and seeing what their daily struggles were like.

I know that may not sound like much, but most politicians meet their public at forums or gymnasiums. Not at their homes and down to their level. Since then, I have met Jeff socially and voiced my concerns about different issues involving our state government. Jeff is a very humble person and I admire that quality. Especially when I told him I was a Republican and did 110t vote for him. Jeff was still willing to listen to me. Since I first met Jeff, we have become friends, We correspond with emails and occasionally meet up to see how one another are doing.

I first became aware of the charge he pled guilty to from the news. I was caught by surprise by it and was in disbelief. I respect and admire the fact that Jeff admitted what he did was wrong and told the people what he did. That takes a lot ofinner strength and humility to confront the public, taking responsibility for your actions.

I hope this letter gives you some insight on the .T eff Smith I personally know. People make mistakes and refuse to take responsibility for them. Jeff is the exception, in a time when many want to blame others and not take consequences of their actions.

I want to thank you for your time in reading this letter.

Respectfully Yours,

Nolan Pour

Case 4:09wcr-0054 7 -CEJ Document 43-12

Filed 11/06/2009 Page 26 of 26

v c s

October 8, 2009

Honorable Judge Carol Jackson United States District Court Thomas F. Eagleton Courthouse st. Louis, MO 63102

D€l<"{{,J,I)Qge Jackson:

I am'~ihtr,~~i;\O ask you to sentence Jeff Smith to a period of community service as punishment for his crimes rather than a prison term. I have known Jeff for about six years and have found him to be remarkably committed to our community in ways that went well beyond his interests In public office.

When Jeff graduated from the University of North Carolina, which he attended as a National Merit Scholar, with a double major In African American Studies and Political Science, he chose to start his professional career working in the st. Louis Public Schools during the 1996-97 academic year. This employment in a distressed urban school district was a natural extension of Jeffs commitment to education and children, a commitment he has demonstrated in countless ways throughout his life. Throughout his college years at UNC Jeff volunteered as a tutor at a preschool for a low-income children and during his senior year he home-schooled a Down's syndrome student who had dropped out of school because of bullying.

Sensing that even more could be done to help students achieve academic excellence in 2001 Jeff cofounded Confluence Academies, a network of charter schools which now has over 3,000 students. In addition Jeff volunteered for years teaching an ACT preparation course to high

school students aspiring to be NCAA scholarship eligible. During his graduate work at Washington University he volunteered as a tutor in the st. Louis Public Schools' Each One,

Teach One program.

All of these actlvltles were performed far from the public light of the political arena. These activities are the genuine efforts of a young man who believes that one person can, and must, make our community more equitable and more caring. I believe these stories of Jeffs individual giving to people who needed his help are a more revealing insight and a more accurate portrait of this young man's character than either the inspiring story of his political rise or the sordid tale of his political demise. No one, not even Jeff, in anyway defends the actions which brought him before your court. But I would ask that you look beyond his misdeeds and poor Judgment and see the kinder and more generous spirit that led him to spend so many hours in service of his fellow human beings.

Judge Jackson, justice demands that Jeff pay a penalty for his crimes, but I believe a balanced view of his character and the needs of our community would justify the court sentencing him to apply Ills considerable skills In community service rather than spend time in confinement isolated from the community he so clearly cares about and Is so well equipped to serve.

Thank you for your consideration.

V INCfNr (. S CHOfMfHl, ] R.

616B WESTMINSTER PLACE I SAINT LOUIS. MISSOURI 0112