EAST ST. LOUIS – Samantha Goodman, witness to events that led to the death of Toshorn Napper, cashed a $63 deposition fee on May 7 and missed the deposition on May 8, according to Napper’s mother Terri Coleman-Napper.
Her counsel Allison Stenger of St. Louis County moved on May 17 to hold Goodman in contempt and stick her with a $4,415.50 bill for the cost of the event.
“Plaintiff requests a hearing at a time convenient for the court and after Goodman has been duly served in order to afford her an opportunity to be heard in a meaningful manner,” she wrote.
She stated Goodman could be served at a Waterloo address, or Triple Lakes tavern in Dupo, “or anywhere she may be found.”
Coleman-Napper claims police from Dupo and East Carondelet caused Napper’s death in 2020 by letting Alton officer Ashley Roever continue drinking and driving.
Roever's vehicle struck Napper's vehicle from behind while he waited for a train in Sauget.
Coleman-Napper also seeks damages from Alton, claiming police were aware of a pattern of officers using their positions to commit crimes without fear of consequences.
She settled with Roever’s insurer last year and in April she settled with owners of Good Times Saloon and Tiny’s Pub and Grill.
On May 1, according to Stenger’s contempt motion, a subpoena and a proper fee were served on Goodman commanding her to appear and give testimony on May 8 at 10 a.m.
Stenger claimed everyone waited 33 minutes and Goodman failed to appear.
“As an additional insult to counsel, Goodman on May 7 cashed or deposited the witness fee check, presumably with knowledge of her intention not to appear the following day,” Stenger wrote.
She claimed Goodman made several statements to state police highly relevant to an allegation that police directed a witness to park Roever’s vehicle at Good Times.
Stenger claimed Goodman said Roever told her to move her truck or she’d be arrested.
She also claimed Goodman said Roever was wobbly and slurred her speech.
She added that Goodman said she gave the keys to the cops or the bartender.
“She has first hand knowledge and was a participant more so than any other witness aside from the defendant officers at the time Ashley Roever was in their control,” she wrote.
Stenger asked for an order compelling Goodman to appear for deposition within seven days and to return the $63.
She asked for an order compelling Goodman to pay $3,937.50 in attorney fees for deposition preparation and attendance and for fees related to the contempt motion.
Stenger asked for $171 for service of the subpoena, $150 for video, and $171 for a court reporter.
“It is the responsibility of every citizen to respond to a lawful subpoena and it is within the court’s power to force that response,” she wrote.
“The court’s power to hold a person in contempt is the same whether the subpoena is issued by the court or an attorney,” she added.
On May 19 Chief U.S. District Judge Nancy Rosenstengel ordered Goodman to appear and testify within 14 days.
Rosenstengel wrote that if Goodman wasn’t available within that time she must confer with plaintiff’s counsel on a mutually agreeable date and time.
She warned that she might hold Goodman in contempt if she failed to comply and Goodman might face sanctions including payment of all costs and fees.