ST. LOUIS, Mo. – Mark and Patricia McCloskey have filed a lawsuit to disqualify St. Louis Circuit Attorney Kim Gardner and her office as the council for Missouri. They say that her campaign for reelection is influencing the case against them. They face felony charges for displaying guns during a protest.
The motion filed by the McCloskeys describes several emails sent to Gardner’s supporters. Several of them reference the events surrounding the couple standing in front of their Central West End home while protesters marched to the Mayor’s home in June.
The motion quotes a portion of Section 56.110 of the Revised Statutes of Missouri: “The courts have stated that a prosecutor should be disqualified if the prosecutor has a personal interest in the outcome of the criminal prosecution which might preclude affording the defendant the fair treatment to which defendant is entitled.”
If Kim Gardner’s office is removed from this case then another prosecutor would be assigned. Gov. Parson has said that he would pardon the couple. President Trump has also said that he supports the McCloskeys.
The motion describes the email listed as “Exhibit A.”
“Because you are a supporter of Kim, I want to make you aware of a few late-breaking developments that are making national headlines right now. You might be familiar with the story of the couple who brandished guns during a peaceful protest outside of their mansion.
Instead of fighting for the millions of Americans affected by the pandemic, including 31,000 Missourians, President Trump and the Governor are fighting for the two who pointed guns at peaceful citizens during the Black Lives Matter protests.”
The motion said links in the email go to a donation page. Text on the page allegedly said:
“St. Louis will have an opportunity to re-elect progressive circuit attorney Kim Gardner, who time and time again has shown us she isn’t afraid to stand up and hold those accountable who are perpetuating a system of police brutality.”
A search of the website did not show that this paragraph is on Kim Gardner’s campaign website. That does not mean that it does not exist elsewhere on the internet. But, the motion did contain copies of emails sent to Gardner’s supporters. Exhibit A and B are posted below.
Gardner’s campaign sent this tweet on July 14:
“It was surprising to see Gov Parson call for my removal today. I will not play politics with any case the way the governor is. It’s shocking to see him focused on me on a day with a record number of new COVID19 cases in Missouri. Governor, you do your job, I’ll do mine.”VoteKimGardner.com Twitter account