St. Louis Circuit Attorney Kim Gardner is the city's first Black Circuit Court attorney. On Thursday a circuit judge disqualified her and her staff from prosecuting the case against Mark McCloskey. Christian Gooden/St. Louis Post-Dispatch/Tribune News Service via Getty Images hide caption
St. Louis Circuit Attorney Kim Gardner is the city's first Black Circuit Court attorney. On Thursday a circuit judge disqualified her and her staff from prosecuting the case against Mark McCloskey.
The St. Louis prosecutor spearheading the case against Mark McCloskey, one half of the husband-and-wife team accused of menacing Black Lives Matter protesters with weapons, has been removed from the case.
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.
The couple's defense attorneys filed the motion to disqualify Gardner in July, arguing it was an unprecedented move for a prosecutor to discuss a case in campaign materials, NBC affiliate KSDK reported. Court documents note the materials were sent out as early as three days before Gardner had filed any criminal charges against his clients.
Attorney Joel Schwartz wrote, "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."
The McCloskeys, who are white, became a polarizing couple over the summer when they brandished firearms at a crowd of marching protesters; Mark McCloskey waved around an AR-15 rifle while Patricia kept her finger on the trigger of a handgun as a few hundred protesters marched toward the home of St. Louis Mayor Lyda Krewson.
The couple insist they believed the protesters, who they say had torn down a fence to enter the gated community, would have burned down their mansion if the two hadn't "stood their ground."
They were indicted in October on charges of unlawful use of a weapon and tampering with evidence. Both have pleaded not guilty.
The confrontation was captured on video and has drawn ire from Black Lives Matter supporters and praise from Second Amendment activists. It has also stoked the heated debate over the rights and protections of protesters.
Gardner, who is St. Louis' first Black Circuit Court attorney, says the emails referenced the McCloskey case in an effort to defend herself from backlash from conservative politicians and media.
"Kim needs your help to fight back!" one campaign email read, according to the AP. She added that she was under "national scrutiny from our divisive President, the Republican establishment of Missouri, and the right-wing media, including Fox News."
But KSDK notes that in his 22-page ruling Thursday, Clark wrote: "Ms. Gardner has every right to rebut criticism, but it appears unnecessary to stigmatize defendant or even mention him in campaign solicitations, especially when she purports to be responding to others.
"In fact, the case law and Rules of Professional Conduct prohibit it," Clark added.
Go here to read the rest:
St. Louis Prosecutor Removed From Case Involving Gun-Brandishing Couple - NPR
- Assemblyman Tim Donnelly Introduces Sweeping Handgun Carry License Reform Bill AB 1563 - April 26th, 2014 [April 26th, 2014]
- Ex-Supreme Court justice pushes gun grab, 2nd Amendment rewrite - April 26th, 2014 [April 26th, 2014]
- Party of guns: 2016ers speak to NRA - April 26th, 2014 [April 26th, 2014]
- Michigan 2014 Second Amendment March - Video - April 26th, 2014 [April 26th, 2014]
- Georgia Governor Signs Law Allowing Firearms In Public Places - Andrew Napolitano - Stuart Varney - Video - April 26th, 2014 [April 26th, 2014]
- Tony DeTora's Second Amendment Commitment - Video - April 26th, 2014 [April 26th, 2014]
- Second Amendment Man Drug PSA - Video - April 26th, 2014 [April 26th, 2014]
- Do you exercise your Second Amendment Rights while riding? - Video - April 26th, 2014 [April 26th, 2014]
- Kira Davis - My 2nd Amendment Story - Video - April 26th, 2014 [April 26th, 2014]
- Gabby Franco for NRA News: "Freedoms Are Not Untouchable" - Video - April 26th, 2014 [April 26th, 2014]
- SafeandVaultStore GS592820 Second Amendment Gun Safe - Video - April 26th, 2014 [April 26th, 2014]
- Oathbreaking Tyrant: Justice John Paul Stevens Wants To Change The Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- Dear LiberalViewer: Second Amendment Response - Video - April 26th, 2014 [April 26th, 2014]
- Justice John Paul Stevens Wants To Change The Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- God & The Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- Amend The Second Amendment? - Video - April 26th, 2014 [April 26th, 2014]
- Justice John Paul Stevens on the Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- CCRW Televised Forum - Mental Health, Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- Obama lying supporting second amendment - Video - April 26th, 2014 [April 26th, 2014]
- Second Amendment Rally Saturday - Video - April 26th, 2014 [April 26th, 2014]
- Second Amendment and other t-shirts support the cause - Video - April 26th, 2014 [April 26th, 2014]
- 2nd Amendment - Laws - April 27th, 2014 [April 27th, 2014]
- Second Amendment - U.S. Constitution - FindLaw - April 27th, 2014 [April 27th, 2014]
- Rep. Larry Pittman talks about Second Amendment - Video - April 27th, 2014 [April 27th, 2014]
- billkeyz talking about gun control the Second Amendment NRA - Video - April 27th, 2014 [April 27th, 2014]
- US Senate Candidates Iowa - Second Amendment - Video - April 27th, 2014 [April 27th, 2014]
- NRA leadership uses Bloomberg gun control push to rally members - April 28th, 2014 [April 28th, 2014]
- Open Carry Or Concealed Carry In California & Does The NRA Oppose - Video - April 28th, 2014 [April 28th, 2014]
- Greg Brannon Nuke Second Amendment right - Video - April 28th, 2014 [April 28th, 2014]
- SafeandVaultStore GS724027 Second Amendment Gun Safe - Video - April 28th, 2014 [April 28th, 2014]
- Supreme Court Gun Carry Rights; Drake v. Jerejian, Pending petition - Video - April 29th, 2014 [April 29th, 2014]
- Letter: NRA opposes reasonable responses - April 30th, 2014 [April 30th, 2014]
- Common sense calls for repeal of second amendment - May 1st, 2014 [May 1st, 2014]
- GUNS: Amendment words to fight over - May 1st, 2014 [May 1st, 2014]
- Gun lobby group receives open government award - May 1st, 2014 [May 1st, 2014]
- NFL Player Brags About Shooting a Skunk to NRA - Video - May 1st, 2014 [May 1st, 2014]
- Disgruntled Motel Owner Uses Second Amendment To Fight Government Officials #ZHG - Video - May 1st, 2014 [May 1st, 2014]
- Psychiatrists to push NWO gun control - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day 2014 - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day 2014 at the Pennsylvania Capitol - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day Rally - Video - May 1st, 2014 [May 1st, 2014]
- Pyro Planet Second Amendment & Star Spangled Blast - Video - May 1st, 2014 [May 1st, 2014]
- Gun rights: Times have changed since the creation of the Second Amendment - May 1st, 2014 [May 1st, 2014]
- Billy Johnson for NRA News: "Infringed Rights" - Video - May 3rd, 2014 [May 3rd, 2014]
- Second Amendment group marches in El Paso - May 4th, 2014 [May 4th, 2014]
- The Second Amendment (Part 1 of 2) - Video - May 4th, 2014 [May 4th, 2014]
- New Jersey Gun-Carrying Limit Left Intact by High Court - May 5th, 2014 [May 5th, 2014]
- Supreme Court Wasnt Serious about the Second Amendment - May 5th, 2014 [May 5th, 2014]
- Staying away from guns and Gitmo - May 6th, 2014 [May 6th, 2014]
- US Supreme Court refuses to consider gun-rights case - May 6th, 2014 [May 6th, 2014]
- Success For Gun Owners & 2nd Amendment Defenders In 2014 - May 6th, 2014 [May 6th, 2014]
- Yen on Second Amendment - Video - May 6th, 2014 [May 6th, 2014]
- Second Amendment Shootout - Video - May 6th, 2014 [May 6th, 2014]
- Gun Depot USA Second amendment target shooting. - Video - May 6th, 2014 [May 6th, 2014]
- Second Amendment in real time boils down to politics - May 8th, 2014 [May 8th, 2014]
- Second Amendment - Laws - May 8th, 2014 [May 8th, 2014]
- Alan Gottlieb Supporting Compromise of your Second Amendment Rights - Video - May 9th, 2014 [May 9th, 2014]
- Lawmakers divided on bill that restricts EBT use - May 10th, 2014 [May 10th, 2014]
- Defenseless Nigerian Men, No Second Amendment #BringBackOurGirls Boku Haram - Video - May 10th, 2014 [May 10th, 2014]
- The Second Amendment (Part 2 of 2) - Video - May 10th, 2014 [May 10th, 2014]
- Flawed argument I - May 11th, 2014 [May 11th, 2014]
- Minera Panama S.A. and Petaquilla Minerals Limited Sign $60 Million Agreement - May 11th, 2014 [May 11th, 2014]
- Interview Interrupted by State Highway Administrator - Video - May 12th, 2014 [May 12th, 2014]
- Lawmakers debate proposed EBT restrictions - Video - May 12th, 2014 [May 12th, 2014]
- N.J. Gov. Chris Christie under the gun over ammo bill, as White House beckons - May 13th, 2014 [May 13th, 2014]
- Guns and Supreme Court: Is Second Amendment a Privilege, Not a Right? - May 13th, 2014 [May 13th, 2014]
- Guns to be focus of rally - May 15th, 2014 [May 15th, 2014]
- DHS Says "Hands Off" VIP Terrorist - Video - May 15th, 2014 [May 15th, 2014]
- INFOWARS Nightly News: with David Knight Monday May 12 2014: Plus Special Reports - Video - May 15th, 2014 [May 15th, 2014]
- Gun rights advocates hope for convention impact - May 16th, 2014 [May 16th, 2014]
- Det Bowers on the Second Amendment - Video - May 16th, 2014 [May 16th, 2014]
- Trevor Stewart - V18 - AUDIO - THE RACIAL NETWORK & THE SECOND AMENDMENT - Video - May 16th, 2014 [May 16th, 2014]
- Trevor Stewart - V17 - THE RACIAL-NETWORK & THE SECOND AMENDMENT - Video - May 16th, 2014 [May 16th, 2014]
- The Second Amendment: A Biography - Video - May 16th, 2014 [May 16th, 2014]
- Knowing Your Rights.... Yes we have them! - Video - May 18th, 2014 [May 18th, 2014]
- The Second Amendment (Game) - Video - May 18th, 2014 [May 18th, 2014]
- We Have Rights! An Animation On The Second Amendment - Video - May 18th, 2014 [May 18th, 2014]
- Letter: 2nd amendment purposes - May 20th, 2014 [May 20th, 2014]
- Senator Ted Cruz's father Rafael Cruz on the Second Amendment - Video - May 20th, 2014 [May 20th, 2014]