Judge Removes St. Louis Prosecutor Kim Gardner from McCloskey Case

st. louis mccloskey

Mark and Patricia McCloskey (AP Photo/Jeff Roberson)

Kim Gardner has been one of the nation’s most politicized prosecutors since she was elected as Circuit Attorney for the city of St. Louis. The Soros-supported prosecutor dropped all charges against rioters and looters who were arrested during the violence that followed the death of George Floyd.

St. Louis McCloskey Kim Gardner

Mark and Patricia McCloskey, stand in front their house along Portland Place confronting protesters marching to St. Louis Mayor Lyda Krewson’s house in the Central West End of St. Louis. (Laurie Skrivan/St. Louis Post-Dispatch via AP, File)

But in June, when the McCloskey’s stood in front of their home holding firearms as BLM marchers trespassed in their Central West End neighborhood, Gardner spring into action.

As Gardner said at the time,

Gardner issued a statement late Monday morning, stating that she was “alarmed at the events that occurred over the weekend, where peaceful protesters were met by guns and a violent assault.” She added that her office is “currently working with the public and police to investigate these events.”

Gardner concluded her statement with these words: “Make no mistake: we will not tolerate the use of force against those exercising their First Amendment rights, and will use the full power of Missouri law to hold people accountable.”

She charged both of the McCloskeys with felonies.

But there was more to it than that. Gardner used the McCloskey investigation and prosecution to raise campaign funds. In fact, Gardner sent out a fundraising solicitation even before she charged the couple.

St. Louis Circuit Attorney Kim Gardner (AP Photo/Jim Salter, File)

From KSDK . . .

Attorney Joel Schwartz cited a July 17 campaign email in his motion, which was sent three days before his clients, Mark and Patricia McCloskey, were charged with unlawful use of a weapon.

“The July 17th email drew a direct line from the incident, which had not yet resulted in criminal charges, to Ms. Gardner’s political antagonists and from there to a call for donations to further her re-election efforts,” he wrote. “It implied that the defendant was among those ‘perpetuating a system of systemic racism and police brutality.’”

That move by Gardner prompted Mark McCloskey’s attorney to move for the prosecutor’s disqualification from the case. Yesterday a circuit court judge granted that request.

Circuit Judge Thomas Clark II on Thursday dismissed Circuit Attorney Kim Gardner and her entire staff, saying campaign fundraising emails Gardner sent to constituents that alluded to Mark and Patricia McCloskey’s case “raise the appearance of impropriety and jeopardize the defendant’s right to a fair trial,” The Associated Press reported.

The ruling means Gardner can no longer oversee McCloskey’s prosecution. Instead, a special prosecutor will have to be selected to take over. The decision does not apply to McCloskey’s wife, Patricia, who is scheduled to appear before a different judge on Jan. 15.

At least not yet. Look for a similar ruling in Patricia’s case as well.

 

comments

  1. avatar uncommon_sense says:

    … jeopardize the defendant’s right to a fair trial …

    Ha ha ha ha!!! Since when are prosecutors ever interested in a fair trial, much less serving justice?!?!?!

    In the overwhelming majority of cases, states’ attorneys are interested in convicting the defendant or prevailing over the other side (in lawsuits), period. Actual guilt or innocence and, more importantly JUSTICE, are pretty much wholly irrelevant.

    1. avatar Geoff "I'm getting too old for this shit" PR says:

      “In the overwhelming majority of cases, states’ attorneys are interested in convicting the defendant or prevailing over the other side (in lawsuits), period. Actual guilt or innocence and, more importantly JUSTICE, are pretty much wholly irrelevant.”

      That kinda depends where you happen to be.

      Up there, it’s a guaranteed shit-show. Every-fucking-thing is framed politically when a news camera is aimed at it.

      At least local to me, I’ve seen where politics are far removed, cooler heads can prevail. Charges can be dropped, and no-bills issued…

      1. avatar Ed schrade says:

        Seems like a lot of them just want to run up a big number of wins regardless of innocence.

      2. avatar Vic Nighthorse says:

        Geoff you seem to have lost your pet troll. Would you like me to fill in until he comes back?;-)

        1. avatar Geoff "I'm getting too old for this shit" PR says:

          If you want, I won’t stop ya. I won’t be as vicious as I usually am, however… 🙂

          It will likely only be a temporary reprieve, so I’ll just enjoy the respite…

        2. avatar Ing says:

          It’s interesting how the trolling dropped to nearly zero the second Dan banned all the IPs of that gamma male whiner who outed himself by complaining about Disparate treatment of his multiple aliases.

        3. avatar Geoff "I'm getting too old for this shit" PR says:

          I’m damn sure not complaining. I think I’ll just avoid looking this gift horse in the mouth for as long as it lasts.

          Oh, and gamma male? I’m only familiar with the alpha and beta varieties.

          EDIT – Found it :

          “Gamma Male Definition. The two principal Gamma Male traits are 1: Gammas are by and large sexual rejects. They are usually intelligent but unsuccessful with women, and alternate between pedestalising a particular girl and pathological hatred of the entire female sex.”

          I think you nailed it *cold*.

          *snicker* 😉

        4. avatar Geoff "I'm getting too old for this shit" PR says:

          EDIT 2 –

          There’s a profound difference between someone who thinks they are intelligent, and those that actually are.

          (I sure wish I was as sharp as some folks think I am… 😉 )

        5. avatar tsbhoa.p.jr says:

          thanks for gamma def.
          wondering what the correlation to dunning kruger might be…

        6. avatar Angry Dad says:

          Re “gamma” male, as well defined below, a/k/a ‘incels’ as in involuntary celibates, the proto for which is the Santa Barbara killer Elliot Rodger who fatally stabbed, shot, and hit with his car a number of folks who were either the pretty girls he wasn’t getting or handsome guys who he just knew probably were as well as others, and he left an elaborate manifesto which is now the Bible of all incels. He was put down by the SB Cty Sheriff’s deputies who chased and caught him. AMF a’hole. Also there was a guy, possibly earlier, equally frustrated, who invaded and fatally shot up a girls’ workout studio at a strip mall in or near Pittsburgh. It’s out there.

        7. avatar Ing says:

          There probably isn’t a single gamma that escapes the Dunning-Kruger effect. They’re the lowest of the low in the sociosexual hierarchy — the prototypical incels and sexpests, as has already been pointed out. They often view themselves as “secret kings” whose vast knowledge and skill are unjustly unappreciated.

          Gammas aren’t to be confused with beta males, who occupy a constructive niche as stable, capable protectors and providers (not everyone can be an alpha, after all). Gammas, by contrast, are socially corrosive and sexually incompetent. You can trust a beta; never trust a gamma.

          (Credit: I got all this from Vox Day, who does a great job of explaining and exposing gammatude.)

  2. avatar The NC Taxman says:

    American Heroes vs. Socialist Zeroes!

    These thugs need to go to prison. 2nd Amendment and Castle Doctrine permit all of us to protect ourselves, our families, our homes, our property and also our friends and neighbors.

    These radical terrorist thugs had no right to trespass and had they been in our neighborhood (with good solid Republican government) they would have been shot and removed from history, with a celebration.

    Stay safe, and looking forward to the McCloskey’s being fully compensated by the state for all this illegal BS – to the tunes of hundreds of millions of dollars and full exoneration for their LEGAL actions.

  3. avatar Chris T in KY says:

    Kim Gardner and Mike Nifong should marry each other.

    1. avatar Geoff "I'm getting too old for this shit" PR says:

      And pollute the human gene pool with their progeny?

      Gee, *thanks*… 🙁

      (*snicker*)

      1. avatar SeizureDoc says:

        Even if married, who says he could get it up for her in the first place. Just sayin’

        1. avatar Geoff "I'm getting too old for this shit" PR says:

          Horny guys (are there really any other?) have been known to nail skank just because it’s there.

          (Sad to say, by my own experience 🙂 )

        2. avatar KenW says:

          Just have someone paint a pretty face on the brown bag

        3. avatar Geoff "I'm getting too old for this shit" PR says:

          Andrew ‘Dice’ Clay –

          “Your ass, your face, what’s the difference?” 😉

  4. avatar Geoff "I'm getting too old for this shit" PR says:

    Where’s the Possum?

    Is he OK?

    1. avatar I Haz A Question says:

      Good question. His absence has been notable as of late. I wonder what the Great Marsupial is up to?

      1. avatar tsbhoa.p.jr says:

        they took his obama tablet and weefee.

  5. avatar Ron says:

    “Soros supported” explains it all. Seriously.

    I’ve always known there’s tons of evil billionaires playing politics but that guy is in a whole different level.

    I only recently have seen some of the interviews he’s done, in the past and more recent. If you don’t believe me, look them up, the guy literally took part in the Holocaust, and *openly said on air* he feels no remorse for doing so because it helped make him rich.

    1. avatar Miner49er says:

      “Soros was 13 years old in March 1944 when Nazi Germany occupied Hungary.[42] The Nazis barred Jewish children from attending school, and Soros and the other schoolchildren were made to report to the Judenrat (“Jewish Council”), which had been established during the occupation. Soros later described this time to writer Michael Lewis: “The Jewish Council asked the little kids to hand out the deportation notices. I was told to go to the Jewish Council. And there I was given these small slips of paper … I took this piece of paper to my father. He instantly recognized it. This was a list of Hungarian Jewish lawyers. He said, ‘You deliver the slips of paper and tell the people that if they report they will be deported’.”[43][44]

      Soros did not return to that job; his family survived the war by purchasing documents to say that they were Christians. Later that year at age 14, Soros posed as the Christian godson of an official of the collaborationist Hungarian government’s Ministry of Agriculture, who himself had a Jewish wife in hiding. On one occasion, rather than leave the 14-year-old alone, the official took Soros with him while completing an inventory of a Jewish family’s confiscated estate. Tivadar saved not only his immediate family but also many other Hungarian Jews, and Soros later wrote that 1944 had been “the happiest [year] of his life,” for it had given him the opportunity to witness his father’s heroism.[45][46] In 1945, Soros survived the Siege of Budapest, in which Soviet and German forces fought house-to-house through the city.“

      1. avatar Ing says:

        If you actually think Wikipedia is going to tell the truth about George Soros, I’ve got a bridge to sell you.

      2. avatar Ron says:

        I can’t post the link right now, but the video is on YouTube. Soros himself says these things, very clearly, with a smile on his face.

      3. avatar tdiinva says:

        I bet Nazi49er called Joseph Ratzinger a Nazi because he was in the Hitler Youth at 13. Just saying.

      4. avatar Ad Astra says:

        Rofl. Damage control for your john I guess.
        Soros has said in more recent interviews that any Jews that didn’t escspe from occupied countries were the ones at fault for not being prepared.

  6. avatar Jim Wildrick Jr says:

    Great news.Now the voters and supporters of gun rights should move to impeach her for violating their civil rights.The McCloskeys should sue her for malicious prosecution.

  7. avatar Dashawn says:

    Now what about Kyle in Kenosha?

    1. avatar Geoff "I'm getting too old for this shit" PR says:

      He’s out on bail, at least. Good for his family.

      He has a rough road still to travel…

  8. avatar GS650G says:

    This one needs to be removed from office for bribery and disbarred before imprisoning.

    Don’t expect a fair shake if you have to shoot to save your life in certain juridictions

  9. avatar former water walker says:

    At least in St. Louis they have a state guberment that’s not dominated by dims. Not so in ILLinoyed. The rich couple would be drawn & quartered. In Crook county Kim Foxx won by easily. Worse than Gardner!

  10. avatar george lortz says:

    …but,but; she’s Bleck!!

    1. avatar Bill B says:

      Free South Africa, ya dumb mf’er!!
      Couldn’t resist. Great movie reference.

    2. avatar tsbhoa.p.jr says:

      bleck in the finest don martin way. “blecch!”

  11. avatar Darkman says:

    Until to cost for Politicians and Government Bureaucrats reaches a point they can no longer bear. The Infringement on Our Rights will continue. What that cost may be and how it is dealt is a decision each citizen must determine. Whether they be Patriot or Subject. Keep Your Powder Dry.

  12. avatar Green Mtn. Boy says:

    “Kim Gardner has been one of the nation’s most politicized prosecutors since she was elected as Circuit Attorney for the city of St. Louis.”
    And the witch should be jailed and disbarred .

  13. avatar Ralph says:

    She’ll be reinstated. Gardner isn’t the only one on Soros’ payroll.

  14. avatar Andrew Lias says:

    This will probably end in another law suit by the McCloskeys and a court settlement paid for by you and I the tax payers despite her wrong doing.

    I say someone should reach out to the State Bar and see if they can push a conflict of interests angle. Looking it up there is a clear cut conflict of interests.

    The lawyer’s professional judgment on behalf of the client will be or reasonably may be adversely affected by the lawyer’s responsibilities to or interests in a third party or the lawyer’s own financial, business, property, or personal interests.

  15. avatar WI Patriot says:

    gardner needs to be removed, period…

  16. avatar NTexas says:

    THIN LINE , ONE SHOULD HAVE RIGHT TO STAND ON OWN PROPERTY , JUST DON’T POINT WEAPON AT THREAT , RIGHT AWAY , TUFF CALL , HOWEVER WHEN THREAT DESTROYS YOUR PROPERTY , TO ENTER YOUR SAFE ZONE PROPERTY, ANOTHER TUFF CALL. BELIEVE ALL CHARGES SHOULD BE DROPPED ON BOTH SIDES AS NO ONE SHOT.
    ANY DAMAGE TO PROPERTY SHOULD BE PAY FOR BY ROITERS .

  17. avatar Chip Bennett says:

    Now, the question is, do any other prosecutors in the City of Saint Louis want to pursue this persecution?

  18. avatar Hannibal says:

    Regardless of the merits of the case, Gardner needed to be booted. But then, she shouldn’t be allowed in a courtroom at all.

  19. avatar Ad Astra says:

    Wow 2 days and enuf isn’t here yelling that the McCloskeys are the most horrible people in the world after President Trump. Weird

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