Democratic Prosecutor and Her Office Were Kicked Off of Criminal Case Against Gun-Pointing St. Louis

[Calista241]

Source: Law and Crime

Who will prosecute Missouri criminal defendant Mark McCloskey? Not St. Louis Circuit Attorney Kim Gardner or her office. A judge on Thursday ruled that there was the appearance of impropriety after Gardner’s campaign fundraised off of the controversy over McCloskey and wife Patricia McCloskey pointing their guns at protesters passing by their home in June.

“The campaign emails demonstrate the Circuit Attorney’s personal interest in this case, raise the appearance of impropriety and jeopardize the Defendant’s right to a fair trial,” Missouri Circuit Court Judge Thomas Clark II wrote. “Among other previously described concerns, these email solicitations aim to raise money using the Defendant and the circumstances surrounding the case to rally Ms. Gardner’s political base and fuel contributions. While the collateral consequence of the emails may have been inadvertent or unintentional, ‘intention’ is not a factor under the legal standard. The legal standard only requires that the court conclude that the conduct appears inappropriate.”

The McCloskeys, who are local attorneys, infamously pointed guns at protesters demonstrating against St. Louis Mayor Lyda Krewson (D), who doxxed people who wanted to defund the police department. The defendants said that the people were trespassing on a private street. The couple maintained they feared for their safety. This incident quickly attracted political controversy. Supporters said the McCloskeys were just defending themselves. Critics said the couple were in danger of shooting peaceful protesters.

As indicated in the ruling, Gardner fundraised off the incident. From a July 17 email, just a few days before the McCloskeys were charged:

Read more: https://lawandcrime.com/high-profile/democratic-prosecutor-and-her-office-were-kicked-off-of-criminal-case-against-gun-pointing-st-louis-lawyer/?utm_source=mostpopular

[PoliticAverse]

1. Raising money using a case you are going to be prosecuting is really stupid. n/t

[Yeehah]

3. Yes, it was

When I saw the headline, I guessed it was a political move to hinder the prosecution. As long as an honest, competent prosecutor steps in, we still could have a just outcome.

[stillcool]

2. she did the fundraising before the couple

was charged, but that's why attorney's recuse themselves, right?

[former9thward]

4. She fundraised off the couple.

Her email:

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 thousand Missourians–President Trump and the Governor are fighting for the two who pointed guns at peaceful citizens during the Black Lives Matter protests.

Her email will be used by the defense no matter who ends up prosecuting the case.

[Calista241]

6. I would imagine charges are going to be dropped.

Both the governor and the AG have said they didn’t believe charges should be filed. If the AG has any say in who gets the case, 100% it will be dropped.

[MustLoveBeagles]

7. So these MAGA jackasses are going to get away with this?

What a stupid move from the prosecutor.

[The Mouth]

5. This is a case that is going to do more harm than good for Democrats in a lot of states

Even if these people were/are racist assholes, brandishing, and threatening quasi-legal protestors, it's a PERFECT case for the Republican talking point "Democrats don't want you to be able to defend yourselves from armed mobs". Win or lose, we lose.