A Motion from July from Mark McCloskey’s attorney to remove Soros-backed St Louis Prosecutor Kim Gardner from the case was granted on December 10. The court disqualified Kim Gardner and her entire office from the prosecution of Mark McCloskey for fund-raising from the case.
The Court disqualified Gardner’s office from the Mark McCloskey case due to Kim Gardner’s use of emails that the judge said gave the impression of a politically motivated case. The defense would like a special prosecutor assigned.
Circuit Judge Thomas Clark II’s order said two fundraising emails that Gardner’s reelection campaign sent in response to political attacks before and after she charged Mark and Patricia McCloskey with felony gun crimes in July raised the appearance that she “initiated a criminal prosecution for political purposes.”
“Like a needle pulling thread, she links the defendant and his conduct to her critics,” Clark wrote. “These emails are tailored to use the June 28 incident to solicit money by positioning her against defendant and her more vocal critics.”…
…”This is a high-profile case, receiving extensive media coverage, eliminating any possibility that any assistant circuit attorney is unaware of Ms. Gardner’s incipient interest, initial involvement and advocacy on this matter…
“In short, she identifies her critics, links them to (Mark McCloskey), requests the campaign contribution to fight back and forewarns criminal prosecution by holding defendant ‘accountable,’”Clark wrote. “To a reasonable person, this language forecasts prosecutorial action.”St Louis Post Dispatch
Though Judge Clark’s ruling only applies to Mark McCloskey’s case, Patricia’s attorney Joel Schwartz will file a motion in Patricia’s case to adopt the ruling. If the court disqualified the prosecutor in one case, it is likely to do so in the other.
St Louis Prosecutor Kim Gardner reportedly used emails both before and after charging the McCloskeys to raise money for her campaign.
“Here, a reasonable person with access to all the facts would find that there was at least the appearance of impropriety, in that Ms. Gardner’s decision may have been affected by her personal, political, financial, and professional interests, and that her neutrality, judgement, and ability to administer the law in an objective manner may have been compromised.”Joel Schwartz
Gardner sent out an email referencing the couple and containing donation links. The judge stated that even though the McCloskey’s were not mentioned by name, everyone had already heard about the case, therefore it was not an anonymous reference, and gave the appearance of impropriety. She also referenced the President, Missouri State Attorney General, Senator and Governor.
“You might be familiar with the story of the couple who brandished guns during a peaceful protest outside of their mansion…President Trump and the Governor are fighting for the two who pointed guns at peaceful citizens…”Kim Gardner’s email before the McCloskeys were charged – KMOV
“In the last 24 hours, there has been a lot of national attention surrounding Kim’s decision to press charges against a couple that brandished guns at a peaceful Black Lives Matter protest. For merely doing her job, Kim has received death threats, been attacked by Donald Trump, and berated by Missouri’s Governor, Senator and Attorney General… This is what happens when leaders like Kim stand up against a system that elevates the privileged and powerful.”2nd email from Kim Gardner St Louis Post Dispatch
- Did The Prosecution Tamper with Evidence in McCloskey Case
- St Louis Police Didn’t Want to Sign Off on McCloskey Probable Cause Statement
- John Reeves, Appellate Attorney, Speaks Out About the Case Against the McCloskeys
- St Louis Police Serve Warrant on Armed St Louis Couple
- St Louis Couple Defends Their Property
Featured photo: combination of Kim Gardner and the McCloskeys (file)
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