St. Louis judge disqualifies Gardner, her office from prosecuting Mark McCloskey
BY Herschel Smith
3 years, 11 months ago
ST. LOUIS — A judge on Thursday cited improper fundraising emails by Circuit Attorney Kimberly M. Gardner’s campaign in disqualifying Gardner and her office from a gun case against Mark McCloskey, who with his wife pointed firearms at protesters outside their Central West End home in June.
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.”
The judge’s order deals a political blow to Gardner, whose office has waged numerous legal challenges to defend her practices and reform-minded agenda during her first term.
In a text message, Gardner’s spokeswoman Allison Hawk said the Circuit Attorney’s Office “will review the court order and determine our options.”
But this isn’t over.
Clark’s order, which applies only to Mark McCloskey’s case and not his wife’s, also bars the rest of Gardner’s office from prosecuting the case.
“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,” Clark said.
State law directs the St. Louis Circuit Court’s presiding judge to appoint another prosecutor in the case, the order says. Patricia McCloskey’s case is assigned to Circuit Judge Michael Stelzer, who will replace Circuit Judge Rex Burlison as St. Louis’ presiding judge next year.
So the judge basically said she is unfit for prosecuting this case because it was politicized for her own benefit. What he should have said is that she is unfit to do anything other than put the lettuce and tomato on sandwiches at Burger King.
Future things may still be difficult for the McCloskeys.
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On December 11, 2020 at 12:00 am, BRVTVS said:
“What he should have said is that she is unfit to do anything other than put the lettuce and tomato on sandwiches at Burger King.”
I wouldn’t eat that sandwich. I wouldn’t trust her to handle my food.
On December 11, 2020 at 1:18 am, 21stCenturyCassandra said:
Thanks for the warning! No STL area BK for me!
On December 11, 2020 at 8:34 am, ragman said:
BRVTVS: ya beat me to it!