ST. LOUIS – No one from the St. Louis Circuit Attorney’s Office showed up in court for Wednesday’s scheduled hearing on the perjury case of former CAO investigator William Don Tisaby and the ongoing criminal investigation into the prosecutor herself.
Special Prosecutor Jerry Carmody had a deposition set up with another Circuit Attorney’s Office investigator, Anthony Box. Then the judge checked his email and learned Box was out of town.
Kim Gardner’s deposition had been scheduled for Friday. She’s also reportedly going to be out of town.
Carmody complained to the judge that Gardner’s office has a history of delay tactics.
“Whatever they want, they do,” Carmody said.
Carmody is investigating the circuit attorney’s office after its failed investigation into former Missouri Governor Eric Greitens.
According to court testimony Wednesday, Gardner’s deposition had been scheduled since November 12. But now, Gardner's told the court she’ll be out of town Friday. Her Washington DC attorney, Roy L. Austin Jr., filed a motion to quash the deposition last week.
“Special Prosecutor Gerard Carmody is well aware of how law is practiced all over the country, including St. Louis. You simply don’t pick dates out of thin air without consulting with opposing counsel,” Austin said. “Additionally, attorneys file written motions if they actually have laws that may support their position. Because the law does not support his positions, it is no surprise that Carmody is trying to avoid filing written motions.”
About an hour later, Judge Bryan Hettenbach shot down an attempt to suppress the completed deposition of Tisaby, writing in part, “In his Motion to Suppress, Tisaby claims he has not refused to sign his deposition transcript. His motion is carefully drafted not to assert that he has not read the transcript or that he does not have a copy available. Instead, he contends that he never ‘received’ the transcript and that the Greitens legal team successfully opposed (his) request to review it.”
Hettenbach added: “Inasmuch as he hires himself out as a legal investigator, Tisaby can hardly claim that he is uninformed and unsophisticated about legal matters.”
The judge set another court date for next week. Tisaby’s trial is scheduled for the end of March 2020.