‘There was no political motivation whatsoever’ – Kim Gardner’s attorney on how Gardner is standing her ground

FOX Files
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ST. LOUIS – While former Missouri Governor Eric Greitens is fighting back over the investigation that led to his resignation, St. Louis Circuit Attorney Kim Gardner is standing her ground.

Gardner declined to talk on camera, citing the special prosecutor’s investigation, but her Washington DC attorney, Roy Austin, spoke with Fox 2 and answered each of Greitens' allegations.

“There was no political motivation whatsoever. Kim Gardner was not trying to investigate the governor,” Austin said. “She was presented with clear, what was clear evidence of a crime and as the elected prosecutor she had a duty to investigate that crime. That’s all she did.”

The evidence she investigated? Austin said it wasn't about a picture they did not find, rather he said it was the “testimony” from the woman who said Greitens took her picture while she was half nude and blindfolded.

As a long-time prosecutor, I know there are cases where your only and best evidence is a credible witness and that’s what you have here. She was credible when she spoke to Ms. Gardner. She was credible when she spoke to the Republican House Committee,” he said. “She was credible in every way. That is all the evidence that any prosecutor ever needs to move forward with the case.”

Austin said Gardner's actions should not be called into question because of the perjury indictment now facing her former investigator, William Don Tisaby.

“That indictment was—in a word—nonsense and is nonsense. You look at what the perjury statute says and there is nothing that he said that is material that affected the course of the case moving forward,” he said.

Austin questioned the motivation of Special Prosecutor Jerry Carmody, who's behind Tisaby's indictment and is now investigating Gardner.

“I ask your listeners to take a real close look at Special Prosecutor Carmody and that one of the oldest and longest best friends of Greitens' defense counsel is the one who is conducting an investigation into Ms. Gardner and the investigator who Ms. Gardner had hired,” he said. “There is no world where that type of impropriety should be allowed to continue and yet somehow that is continuing in St. Louis right now.”

The Greitens' lawyer he's talking about it is Ed Dowd, who Austin claims is best friends with Carmody.

“Special Prosecutor Jerry Carmody is 100 percent conflicted and should not be allowed to continue his investigation into this matter. That is a fact,” Austin said. “It is a fact that he was on three sports teams in high school with former Governor Greitens’ lead defense counsel.”

Fox 2 found Dowd and Carmody pictured in a 1967 Chaminade yearbook when they graduated together.

We asked Carmody about it after a recent hearing. While he does consider Dowd a friend, Carmody said it's not uncommon in a courtroom to have friends on the other side of a legal argument. He added that he's working many cases currently, where friends are on the opposite side.

Carmody said he has no conflict in his role as special prosecutor.

Fox 2 then asked Austin about Gardner’s connections and the nearly $200,000 she accepted from a George Soros group.

“Everyone who runs for office gets campaign contributions from a variety of sources,” he said. “In the case of Ms. Gardner, those campaign contributions that she received from anyone had nothing to do, with the governor’s misconduct.”

Gardner remains under investigation by the special prosecutor. Her former private investigator, Tisaby, is scheduled for trial on March 30.

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