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A St. Louis judge has ordered Circuit Attorney Kim Gardner and her entire office off of the prosecution of Mark and Patricia McCloskey, the St. Louis couple charged with unlawful use of a weapon after they displayed a rifle and pistol as hundreds of protesters trespassed through their private neighborhood as they made their way to the home of St. Louis mayor Lyda Krewson for a demonstration.
On Thursday, Judge Thomas Clark ruled that Gardner’s repeated references to the McCloskey case in fundraising emails for her re-election effort “raise the appearance of impropriety and jeopardize the defendant’s right to a fair trial.
“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,” he wrote. “In fact, the case law and Rules of Professional Conduct prohibit it.”
Should Clark’s ruling stand, a special prosecutor will be appointed to handle the case. In St. Louis, the presiding judge picks the special prosecutor. Judge Rex Burlison is currently St. Louis’ presiding judge.
Clark has scheduled a status hearing on the case for Jan. 7, 2021
On Thursday, Judge Thomas Clark ruled that Gardner’s repeated references to the McCloskey case in fundraising emails for her re-election effort “raise the appearance of impropriety and jeopardize the defendant’s right to a fair trial.
“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,” he wrote. “In fact, the case law and Rules of Professional Conduct prohibit it.”
Should Clark’s ruling stand, a special prosecutor will be appointed to handle the case. In St. Louis, the presiding judge picks the special prosecutor. Judge Rex Burlison is currently St. Louis’ presiding judge.
Clark has scheduled a status hearing on the case for Jan. 7, 2021