Circuit Attorney Kimberly M Gardner is the same prosecutor filing charges against the McCloskeys for defending their home in Saint Louis.
Incredibly her office was charging a previously convicted felon with first-degree murder, and the prosecutor assigned to the case took maternity leave leaving no-one to show up in court.
After three missed court hearings by prosecutors, the judge was forced to drop a murder case because no one other than the defense, a public defender, was showing up in court.
Circuit Judge Jason Sengheiser on Wednesday dismissed first-degree murder, armed criminal action and unlawful gun possession charges against Brandon Campbell, 30, after no one from the Circuit Attorney’s Office showed up for scheduled hearings in May, June and July.
A spokeswoman for Kimberly M. Gardner provided a statement Monday saying “Upon review of our internal policies and procedures regarding family medical leave, we have determined that corrective measures are needed to further prevent any future repeat occurrence of the incident in question."
"we have determined that corrective measures are needed" ya think ?
"In a case like this where the Circuit Attorney's office has essentially abandoned its duty to prosecute those it charges with crimes, the court must impartially enforce the law and any resultant threat to public safety is the responsibility of the Circuit Attorney's Office," the judge said.This message has been edited. Last edited by: sdy,
In the City of St. Louis the prosecutor doesn’t usually file charges.
But when they do... they don’t bother to show up in court and they get dismissed.
"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible."
-- Justice Janice Rogers Brown
"The United States government is the largest criminal enterprise on earth."
|Frangas non Flectes
These people are unbelievable. I don’t even know what to say.
Carthago delenda est
|Green grass and
Did the guy murder a hooker? I mean where is the family? Had it been my family member I sure's the hell would of made sure someone showed up. Disgusting.
Can the charges be refiled?
"Practice like you want to play in the game"
Yes, they refiled charges the next day but according to St. Louis Police, he was not in custody as of yesterday (Monday).
Additionally, the asst. public defender handling Campbell's case stated that he emailed Kim Gardner personally about issues with the case but received no response.
|Tinker Sailor Soldier Pie
Incredible. Definitely no Jack McCoy's there.
I hear they have created a new spin off show of "Law & Order" based in St. Louis. It's called "No Law & No Order." Or maybe "Law & Order: Idiocracy"..."My first wife was 'tarded. She's a St. Louis Circuit Attorney now."
Acta Non Verba
NRA Life Member (Patron)
God, Family, Guns, Country
Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan
"Once there was only dark. If you ask me, light is winning." ~Rust Cohle
More proof of DemocRAT hypocrisy. If I failed to show at ONE appearance for a murder trial, there would be serious consequences. Not for this whore though.
“Remember to get vaccinated or a vaccinated person might get sick from a virus they got vaccinated against because you’re not vaccinated.” - author unknown
more details on Gardner's screw up
prosecutors no-showed the court on May 27 after Campbell’s attorney complained about a lack of cooperation on discovery.
They also missed a June 15 hearing despite getting eleven days’ notice
At that point, Judge Sengheiser ordered full discovery in the case, but prosecutors never responded to his order
on June 30, the defense filed a motion for summary dismissal
Sengheiser ordered prosecutors to respond to the motion by July 6 with a hearing on July 12 for oral argument, and dispatched a deputy to deliver the order personally to Gardner’s office.
Not only did prosecutors fail to respond to any of these orders, Campbell’s attorney produced an e-mail sent directly to Gardner herself on May 28 — to which Gardner had also never responded.
Gardner’s office issued a revised statement at about 7 p.m. Tuesday confirming Campbell remains at large
The accused (Brandon Campbell) is black. The victim (Randy Moore) is also black. Where is the outrage on CNN, MSNBC, NBC, etc ?
The National Center for State Courts shows 33% of felony cases filed in St. Louis city’s circuit court get dismissed.
In St. Louis County, 15% of cases get dismissed. In Jefferson County, it's 14%. Seventeen percent of cases in St. Charles County get dismissed.
Historical data from the 22nd Judicial Circuit shows the dismissal rate has doubled since Gardner took office just five years ago.This message has been edited. Last edited by: sdy,
It’s looking more and more that Gardner was a poor choice for the job.
You’re a lying dog-faced pony soldier
Didn't the choosers get exactly what they wanted?
Set the controls for the heart of the Sun.
|Step by step walk the thousand mile road
SIForum legal beagles: Doesn't double jeopardy attach when the prosecution fails to hand over discoverable documents when ordered to do so by the presiding judge?
If it does, they gave a murderer a "Get Out Of Jail FREE" card.
Nice is overrated
"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
The choosers appear to be incompetent too.
You’re a lying dog-faced pony soldier
more about Kim Gardner's St. Louis Circuit Attorney’s office
Kim Arshi , the original prosecutor in the case who went on leave, has resigned after finding that someone used her electronic signature without her consent in as many as 28 cases — including the infamous case of Brandon Campbell
Kim Arshi began her maternity leave May 10. But her electronic signature appears on more than 20 cases in court documents listing her as the lead prosecutor – even though she was not in the office and did not sign them herself, according to a source familiar with the cases.
Arshi declined to comment. St. Louis Circuit Attorney Kim Gardner’s office has not yet responded to a request for comment.
How big of a problem might depend on what Arshi has to say about what happened, and Arshi might not have much choice in how much she shares. It seems very likely that she will get called in some of those cases to verify that she didn’t sign the documents and didn’t direct anyone to apply her signature as judges attempt to unravel what Gardner’s office did. Defense attorneys won’t pass up an opportunity to interrogate a prosecutor under oath on potential corruption issues, to be sure.
Generally speaking, no. Jeopardy attaches when a jury is empaneled (or the first witness is sworn in a bench trial) but there are some exceptions.
|Never miss an opportunity
to be Batman!
The Grand Jury did a scathing report on Kim Gardner. Or course she says it is beyond the scope of their duties:
ST. LOUIS — A grand jury has issued a scathing report against Circuit Attorney Kim Gardner’s office, the I-Team has learned.
The jury of 12 people empaneled from February through May took issue with multiple aspects of Gardner’s office, according to a report obtained by the I-Team.
Their criticisms include:
Errors ranging from incorrect dates to misspelled names on indictments that could force witnesses to re-testify weeks or months later.
Ongoing “bitterness” between the Circuit Attorney’s Office and the police department that is “apparent” and a “disservice to the public.”
Cases going before the grand jury when the evidence is clear and could be presented in court.
Inconsistency among case presentations that creates “confusion with each case, resulting in wasted time or diminished confidence in the overall process” for the grand jury.
Members of Gardner’s office acknowledging problems exist to the grand jury, pledging to fix them, and not following through. Jurors believed this showed the problems were never fixed and the pledge to correct them wasn’t made in good faith.
Attorneys performed administrative and prosecutorial duties simultaneously, negatively affecting both the victims and the grand jury.
Grand jurors questioned whether the process of a grand jury should exist at all and learned “the process is somewhat unique to St. Louis. Particularly when there is a straightforward video of a crime being committed or a medical expert testifying to a child’s condition in a medical facility, the need for a grand jury seems to be lacking.”
A spokeswoman for Gardner’s office called the report "out of compliance" with Missouri law governing Grand Jury reporting, which states grand juries may file reports only on conditions of public buildings, not on the performance of public officials.
"It was determined that this report was out of compliance as an unendorsed report that did not represent the views of the vast majority of grand jurors. In addition, it was not done collaboratively, and mentions names, which is out of the Grand Jury report guidelines," according to the statement. "Unfortunately, this noncompliant report is a part of a continued, relentless attack on the integrity of the Circuit Attorney's Office. This undermines the trust of the Grand Jury system and the integrity of our legal system."
Gardner's office did not address any of the grand juror's specific concerns.
Some of the criticisms aren’t new.
A task force commissioned by former Mayor Lyda Krewson to study why inmates at the city’s downtown jail have been rioting this year also criticized Gardner’s office for taking too many cases to grand juries. In the report, public defenders talked about how Gardner’s practice of putting so many cases before grand juries slows down the process for their incarcerated clients, extending their stays at the city’s jail unnecessarily.
RELATED: Report says delays in prosecutor's office, staffing shortages, COVID protocols fueled riot at St. Louis jail
Grand jurors are empaneled for about three months at a time. Prosecutors bring them cases to review to determine if there is enough probable cause to issue charges against someone.
In the 22nd Judicial Circuit, grand jurors write reports about their experiences with the city’s justice system.
Sometimes the reports center on tours of public facilities, including the city’s jails, the morgue, the courthouse and others. Sometimes jurors focus their reports on the process and how to improve it.
For example, a grand jury report from two years ago found conditions inside the city’s Medium Security Institution were acceptable. Mayor Tishaura Jones said the facility had to be closed this year due to inhumane conditions she observed there.
The most recent grand jury report is 3 ½ pages long, and also praises some entities, including the Sheriff’s Department, the Court and jury supervisor.
Sheriff’s deputies, “answered all sorts of general questions, and maintained a sense of humor and politeness that balanced professionalism and kindness. They were the embodiment of public service and we cannot thank them enough,” the jury wrote.
Interactions with the judge, pre-trial commissioner, sheriff’s deputies and the jury supervisor, were “brief but regular,” according to the report.
“The court balanced concern with issues affecting the grand jury with professional distance that respected the grand jury’s role as an independent body.”
Grand Jury Report on kim Gardner's prosecuting Attorney's Office
Should have never been charged in the first place, but this is still good to have those misdemeanors wiped away.
Missouri governor pardons couple who pointed guns at protesters
JEFFERSON CITY, Mo. (AP) — Missouri Gov. Mike Parson on Tuesday announced that he made good on his promise to pardon a couple who gained notoriety for pointing guns at social justice demonstrators as they marched past the couple’s home in a luxury St. Louis enclave last year.
Parson, a Republican, on Friday pardoned Mark McCloskey, who pleaded guilty in June to misdemeanor fourth-degree assault and was fined $750, and Patricia McCloskey, who pleaded guilty to misdemeanor harassment and was fined $2,000.
The McCloskeys, both lawyers in their 60s, said they felt threatened by the protesters, who were passing their home in June 2020 on their way to demonstrate in front of the mayor’s house nearby in one of hundreds of similar demonstrations around the country after George Floyd’s death. The couple also said the group was trespassing on a private street.
Mark McCloskey emerged from his home with an AR-15-style rifle, and Patricia McCloskey waved a semiautomatic pistol, according to the indictment. Photos and cellphone video captured the confrontation, which drew widespread attention and made the couple heroes to some and villains to others. No shots were fired and no one was hurt.
Special prosecutor Richard Callahan said his investigation determined that the protesters were peaceful.
“There was no evidence that any of them had a weapon and no one I interviewed realized they had ventured onto a private enclave,” Callahan said in a news release after the McCloskeys pleaded guilty.
Mark McCloskey, who announced in May that he was running for a U.S. Senate seat in Missouri, was unapologetic after the plea hearing.
“I’d do it again,” he said from the courthouse steps in downtown St. Louis. “Any time the mob approaches me, I’ll do what I can to put them in imminent threat of physical injury because that’s what kept them from destroying my house and my family.”
Because the charges were misdemeanors, the McCloskeys did not face the possibility of losing their law licenses or their rights to own firearms.
The McCloskeys were indicted by a grand jury in October on felony charges of the unlawful use of a weapon and evidence tampering. Callahan later amended the charges to give jurors the alternative of convictions of misdemeanor harassment instead of the weapons charge.
“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams
Good damn job Governor!
Now I want to see this suave and debonair clad lad win his election (referring to Mark). That would be just perfect.
The price of liberty and even of common humanity is eternal vigilance
|Good enough is neither
good, nor enough
He is definitely getting my vote next time around for this and other reasons.
There are 3 kinds of people, those that understand numbers and those that don't.
This was a case of malicious prosecution. I wish they could sue for this, but they would not be successful, under existing law. It is very difficult to hold a rogue prosecutor accountable.
Kim Gardner got all the Soros money to get elected. Don't forget that fact.
"Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it."
In other Kim Gardner news:
Judge dismisses charges against St. Louis officer, says prosecutors missed statute of limitations
Dismissal is latest in losses for St. Louis Circuit Attorney Kim Gardner's Office
A judge dismissed a criminal charge against one of the St. Louis police officers involved in allegations of sexual assault.
Circuit Judge Lynne Perkins determined St. Louis Circuit Attorney Kim Gardner’s office charged Sgt. Jatonya Clayborn-Muldrow with witness tampering one day after the statute of limitations on that charge expired.
Clayborn-Muldrow was accused of trying to dissuade another officer’s sexual assault victim from reporting the alleged assault. But for her to be charged with witness tampering, prosecutors must first file a sexual misconduct charge against the officer accused of the assault – something that Perkins determined had not been done.
Perkins dismissed the charge with prejudice, which means prosecutors cannot refile it.
A spokeswoman for Gardner’s office responded to a request for comment Monday, which read: "The Circuit Attorney's Office respectfully disagrees with the court’s dismissal in this case. We are evaluating all of our options in this matter, including but not limited to, appealing the Court’s decision."
Clayborn-Muldrow’s attorney, Peter Bruntrager, sent a statement to 5 On Your Side following the judge’s ruling.
“We stand by the fact that Jatonya did not commit any crime so we are obviously thrilled with the level of attention the judge gave our motion and the ultimate outcome. The statute of limitations issue was immediately apparent to us when the case was filed. After the prosecutors declined to charge the underlying crime within its statute of limitations and did not present it to the grand jury, we strongly believed the Circuit Attorney’s Office improperly brought charges against Jatonya,” he wrote.
Bruntrager also argued in his motion to dismiss the charges that Gardner’s office has a conflict of interest in the case because his client led an investigation into alleged misconduct on Gardner’s part in an unrelated case involving misconduct on the part of one of her investigators in the former Gov. Eric Greitens case.
Clayborn-Muldrow, 48, was one of three officers Gardner’s office charged in March in connection to a series of sexual assaults dating to 2009. Clayborn-Muldrow was charged with the misdemeanor, after police said she told an alleged victim the sexual assault was “just a misunderstanding,” and also appeared at Internal Affairs when the victim tried to file a complaint.
Prosecutors said Clayborn-Muldrow was trying to prevent the victim from reporting an alleged assault at the hands of Officer Lafael Lawshea.
Lawshea is facing five charges, three felonies and two misdemeanors related to several assaults dating to 2010. Officer Torey Phelps has been charged with one assault dating to 2009. Prosecutors say the men worked together to drug and abuse their victims.
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