Now it's coming out that her office has been sandbagging the state auditor.

Judge says Kim Gardner will go to trial over allegations of willful neglect of duties

St. Louis Circuit Attorney Kim Gardner will be tried for willfully neglecting her duties, a judge ruled Tuesday.

In a six-page ruling entered Tuesday evening, Judge John Torbitzky determined there is enough evidence to proceed to trial on seven of the 10 counts of willful neglect Missouri Attorney General Andrew Bailey filed against her earlier this year.

The judge dismissed three counts without prejudice, stating Bailey can refile those allegations in an amended petition with further evidence.

Those counts include an allegation about disposing of crime lab evidence in a timely manner, failing to comply with the Sunshine law in a case that cost the office more than $27,000 in penalties and that she mismanaged the finances of her office by failing to turn in bills on time.

Torbitzky ruled the attorney general’s allegations on those examples did not demonstrate willful neglect.

“Although those allegations are troubling, they do not state a claim under the (quo warranto law),” Torbitzky wrote.

Last month, Judge Torbitzky set a tentative trial date for Monday, Sept. 25, provided he doesn't dismiss the case. Lawyers estimate the trial could last up to three weeks "or as long as it takes."

On Saturday, Gardner appeared at a town hall forum on Saturday morning with about 50 to 60 of her supporters at the Central Baptist Church. During her speech, she shrugged off the ongoing court battle to remove her from office as "a witch hunt" designed to discourage young reformers from going to law school or pursuing a career in the criminal justice arena.

"I'm not leaving. I'm not resigning. I'm not doing nothing," she said to rousing cheers. "You gonna have to remove me."

AND

Attorneys no longer with St. Louis Circuit Attorney's office assigned to 12 trials in coming weeks

There are 12 trials scheduled during the next two weeks that are assigned to prosecutors who no longer work for St. Louis Circuit Attorney Kim Gardner, and the presiding judge wants to know what she’s planning to do about it.

“The court has growing concerns that serious pending cases scheduled for jury trial are still assigned to attorneys who are no longer at the Circuit Attorney’s office,” wrote Presiding Judge Elizabeth Hogan in a letter to Gardner Tuesday. “Please forward the names of the assistant circuit attorneys who will be entering on each of the cases no later than Thursday, May 4, 2023, at 1 p.m. so I can let the bench know before the scheduled pre-trial conferences.”

Hogan also copied two members of the St. Louis Public Defender’s Office on the letter.

The letter shows former Chief Trial Assistant Marvin Teer is still listed as the attorney of record for two first-degree murder trials. He resigned in March.

Former Assistant Circuit Attorney Natalia Ogurkiewicz is listed as the attorney of record for five cases including two first-degree murder trials, two first-degree assault trials and one second-degree assault trial. She resigned on April 17.

Former Assistant Circuit Attorney Alex Polta is still listed as the attorney of record for a weapons case. His employment with the office ended Friday.

Former Assistant Circuit Attorney Nick Lake is still listed as the attorney of record for an involuntary manslaughter case and a second-degree murder case. His last day with the office was also Friday.

Former Assistant Circuit Attorney Chris Desilets is still listed as the attorney of record for a first-degree murder case and a second-degree murder case. He resigned Monday.

Gardner’s spokeswoman Allison Hawk issued a statement Monday regarding the resignations, which read:

"The backbone of the Circuit Attorney’s Office are the hardworking men and women who review and issue cases on a daily basis. While we have had some high profile departures, the office continues to seek justice for the people of the City of St. Louis. The CAO has made adjustments to the workload to ensure all cases are covered, and is actively recruiting talented attorneys. The prosecutor’s office continues to be an excellent training ground for those seeking experience in the criminal justice system, and we continue to receive resumes from qualified attorneys. Despite constant criticism and scrutiny, the team continues to pull together to serve the City of St. Louis under the leadership of Circuit Attorney Gardner."



Just to note that Natalia had 3 years on with the Circuit Attorney's Office and was already in the Violent Felony Cases Unit as an attorney for murder trials. During Gardner's first year in office she got rid of a bunch of attorneys with OVER a few hundred years of Prosecution trial experience. Since then her office has been a revolving door of new attorneys coming in and then leaving.

This message has been edited. Last edited by: jsbcody,

DOJ, federal agencies pour hundreds of millions into Soros-linked group accused of trying to 'nullify the law'

FIRST ON FOX – A far-left nonprofit accused of siding with criminals for its work to deplete the justice system while working inside local prosecution offices is nearly entirely funded by federal government agencies, including Department of Justice.

The Vera Institute of Justice – a Soros-linked nonprofit – has received $290 million from the federal government over the last 12 months alone for its work in immigration – to help illegal immigrants avoid deportation – and the criminal justice system. If its current contracts are extended for the next four years, disbursements could reach over $1 billion.

"We work to transform the immigration system because many of the problems that we see in the criminal legal system are just the same in the immigration system. And by transform, what I mean is to shrink both of those systems," Vera Justice's president, Nick Turner, said.

Vera funds radical-left agendas in prosecution and law enforcement offices around the country. Fox News Digital found they advocate to defund the police, they partner with district attorney offices to artificially manipulate "racial disparities" in prosecution decisions for criminals and openly state their mission is to demolish what they deem to be a "racist" system.

ALVIN BRAGG'S DEPUTY SAYS PROSECUTORS HAVE 'POWER' TO CHANGE JUSTICE SYSTEM BY DECLINING TO CHARGE CRIMINALS

Nicholas Turner is the president of the Vera Institute of Justice. He claimed Americans needed to be ‘deprogrammed’ from believing police are the solution to safety. Getty | YouTube/screenshot|Getty | YouTube/screenshot
Nicholas Turner is the president of the Vera Institute of Justice. He claimed Americans needed to be ‘deprogrammed’ from believing police are the solution to safety. Getty | YouTube/screenshot|Getty | YouTube/screenshot
© Getty | YouTube/screenshot
"Prosecutors should… repair harms caused by the system... They should also dramatically shift the policies, practices, and organizational culture of their offices to address racial disparities and ensure respect for the inherent dignity of all people," Vera said.

Competitive Price - Start The Conversation
Competitive Price - Start The Conversation
Ad
www.petidealgroup.com
READ ON THE FOX NEWS APP

President Turner has a lukewarm approach towards criminal chaos which critics have said resulted from soft-on-prosecution policies. Vera denies the policies it pushes cause crime.

"Maybe you sense some level of chaos or disorder or something that feels like an unraveling… Maybe we've gone too far, you might have recently said… And listen, you're not wrong," Turner said.

In order to reduce racial disparities, partnering DA's must promise Vera they will suppress racial disparities by ignoring criminal histories and increasing their "refusal rate" by declining to prosecute cases brought forward by police.

Most notably, Vera's work with St. Louis DA Kim Gardner became a focus of Attorney General Andrew Bailey's amended briefing in his case against the circuit attorney alleging dereliction of duty after the partnership was exposed by Fox News Digital.

"I think voters in the state of Missouri need to understand where outside money comes from and what motivates it," he told Fox News Digital. "We should understand better what their motivations are… This is a recent phenomenon where you see a circuit attorney… who doesn't care about the rule of law and is callous to the plight of victims in her jurisdiction and is unlawfully refusing to do her job."

St. Louis Circuit Attorney Kim Gardner worked with the Vera Institute of Justice to implement an aggressive prosecution reform. Christian Gooden/St. Louis Post-Dispatch/Tribune News Service via Getty Images
St. Louis Circuit Attorney Kim Gardner worked with the Vera Institute of Justice to implement an aggressive prosecution reform. Christian Gooden/St. Louis Post-Dispatch/Tribune News Service via Getty Images
© Christian Gooden/St. Louis Post-Dispatch/Tribune News Service via Getty Images
In St. Louis, Vera was involved in training Gardner's prosecutors to believe that prosecuting criminals does not have an effect on safety.

Vera taught Gardner's staff that, "An over-reliance on incarceration does not make communities safer" and "the system is steeped in racial bias and disproportionately affects Black and brown communities."

"Vera developed… training[s] to make… [the] argument: mass incarceration is a problem, and prosecutors have the power to change it," the organization said.

Vera's work with Gardner became the "blueprint" it would use with over a dozen prosecution offices around the country, and their influence only continues to grow.

The nonprofit oversees the creation of an analytics dashboard tracking key equity metrics to flag "disproportionat[e] impacts [on] communities of color" to senior leaders in a DA office and presents policy recommendations on how to suppress those disparities.

ST. LOUIS HOMICIDE DETECTIVE BLOWS WHISTLE ON SOROS-BACKED DA'S 'CONCERTED EFFORT TO BREAK DOWN THE SYSTEM'

Vera Justice president discusses criminal justice reform policies during a gala event. Fox News Digital | YouTube/screenshot|Fox News Digital | YouTube/screenshot
Vera Justice president discusses criminal justice reform policies during a gala event. Fox News Digital | YouTube/screenshot|Fox News Digital | YouTube/screenshot
© Fox News Digital | YouTube/screenshot
"Prosecutors need to be focused on supporting law enforcement and executing enforcing the laws as written, not nullifying laws or trying to undermine the criminal justice system," AG Bailey said. "If you want to be a social worker, there are other jobs available to you outside of the criminal justice system."

He argued that Gardner's work with Vera was an abuse of prosecutorial discretion. "It is not authorization to nullify law."

Fundamentally, Vera believes that jails are lingering functionaries of slavery and are designed to ensnare people of color in a cycle of crime and recidivism.

"[T]he criminal legal system has been a tool of racial oppression and social control… of Black people…. As some of the most powerful actors in the system, prosecutors have a responsibility to work to rectify that impact," Vera said.

"The system that we have and the roots of it… go down to our very bones. I've often described it as being just as American, as apple pie," Turner said.

Local taxpayer dollars are not directly used in district attorney-Vera partnerships. In fact, the federally-backed nonprofit funds its own influence within DA offices.

As a result of Vera's influence, the St. Louis DA dropped 25,000 criminal cases.

President Ronald Reagan's former attorney general, Ed Meese, said in an interview with Fox News Digital, "If you [are]… eliminating that many cases that have been brought by as a result of actions by law enforcement to arrest criminals, at first glance, it would certainly appear that there's something wrong."

US President Ronald W. Reagan Dirck Halstead/Getty Images
US President Ronald W. Reagan Dirck Halstead/Getty Images
© Dirck Halstead/Getty Images
Meese recalled working with Vera in the 1960s and 70s before they plunged into far-left ideology that was effectively "aiding criminals"

He continued, "It was a very good group to work with. More recently, it's changed its policies, I think, and is much more aiding criminals and is often a problem of the law enforcement community."

"I think it's gone way over to be a hindrance to justice in many cases," Meese added. "It's very questionable whether it's the right organization to be funded by the federal government."

According to a 2021 financial report, 86% of Vera's funds come from the federal government. However, the organization has a history of not fully complying with legal and regulatory requirements involving the expenditure of government funds, according to a DOJ probe.

Fox News Digital reached out to Vera for comment but did not immediately receive a response.

Within the moderate chunk of transactions that were looked into by the Justice Department, hundreds of thousands of dollars were unallowable and others were unaccounted for. It also found that Vera may have been engaging in noncompetitive practices when selecting grantees or vendors, which was forbidden under its agreement.

Regarding "defunding the police," Vera issued numerous briefings praising the policy and continues to advocate for drastic reductions of the size and funding for departments.

Demonstrators hold a sign reading "Defund the police" during a protest. REUTERS/Brendan McDermid
Demonstrators hold a sign reading "Defund the police" during a protest. REUTERS/Brendan McDermid
© REUTERS/Brendan McDermid
"There are stark racial disparities in arrests, and police enforcement disproportionately harms marginalized groups," Vera said. "It’s long past time to end the police-centered approach to public safety and move toward alternatives that… end racial injustice."

As part of this agenda, for example, Vera works with localities across the country to advocate against enforcement of low-level criminal offenses.

In one example, Vera pushes localities to implement a "more equitable approach to traffic stops.."

Vera successfully advocated for legislation in Memphis City council that said officers should give warnings, instead of tickets, in cases where there is "a violation of... a minor traffic infraction committed in those areas where traffic crash occurrences are minimal or non-existent."

NYC FORCES ALL CITY EMPLOYEES TO UNDERGO RADICAL CRITICAL RACE THEORY TRAINING: 'REALLY UNFAIR'

According to a retired police colonel, the regulations will cause crime to spike in an area where it is already out of control.

"I disagree with the whole idea of placing restraints on police officers in legally enforcing the law," Ret. Col. Darrell Sheffield told Fox News Digital. "I mean, if you don't want to be stopped by a police officer, basically stop violating the law."

Ret. Memphis Police Department Colonel Sheffield attempts to speak out against "pro-criminal" legislation at city council. Fox News Digital
Ret. Memphis Police Department Colonel Sheffield attempts to speak out against "pro-criminal" legislation at city council. Fox News Digital
© Provided by FOX News
However, President Turner believes Americans needed to be "deprogrammed" from believing police are the solution to safety.

"We have this pretty simplistic notion in this country. We grow up talking about bad guys and good guys, cops and robbers. We brand people as criminal for a certain act that they have committed, as if that is the sum total of who they are. But the formula that we have basically been fed, and I think mostly have been adjusted and tend to embrace as a people is that if you want safety, you have to have police, and you have to have prosecutors, and you have to put people in jail in prison. But the fact of the matter is, is that we as a country are quite unusual."

Regarding what President Reagan would think about the current state of affairs in the criminal justice system, Meese said, "I think he would be very concerned about it."

"You'll remember that during the time that [Reagan] was governor of California, they were able to put it into law… strengthening the criminal laws and the strategy reduction [and]… that started a major reduction in crime," he said.

The same group that Gardner has partnered with.

Equity

quote:

"I'm not leaving. I'm not resigning. I'm not doing nothing," she said to rousing cheers. "You gonna have to remove me."

How very eloquent- she speaks like a secondary character from a B rate comedy movie.

quote:

"I'm not doing nothing"

Apparently...

Yes, if that's the way she really speaks, she has no business as any sort of government representative.

I believe, though, she was using the patois to pander to her supporters, and even though they don't realize it, they are being talked down to.

Regarding "You gonna have to remove me"- that's exactly what's going to happen, and I believe that at this point, she knows it.

She gets to speak hood rat to sound more anti white. One day whites are going to get tired of being called racists.

She & others like her will cause me to become a racist. I’m more than tired of being called a racist.

This message has been edited. Last edited by: recoatlift,

"In order to reduce racial disparities, partnering DA's must promise Vera they will suppress racial disparities by ignoring criminal histories and increasing their "refusal rate" by declining to prosecute cases brought forward by police."

When the citizens see what occurs as a result of the "de-fund the police" movement in plain view in their communities, the "progressives" fight the obvious by obscuring it. They "de-fund" the prosecutor's offices and courts at the same time they increase resources the police clearly need to respond to calls for services. Arrests though are meaningless, if they don't result in holding offenders accountable for the crimes they commit. Accountability only occurs in the courtrooms by prosecutors that prosecute the arrests and judges that sentence offenders after guilt is established. If these actions are nullified, the citizens are kept in the dark as to why crime is still increasing exponentially.

From last night. One guy says she has no plans to comply, she wants a showdown.

Just off the presses: Gardner has been taking advance degree Nursing classes (she originally started as a nurse and then got into law), so per statue, she is not concentrating on performing her official duties. See below press conference from Missouri AG Bailey:

Missouri Attorney General gives update on case against Kim Gardner



Apparently the rumor in Jefferson City (Missouri state capital) and St. Louis City is that Gardner with resign in the next day or two. Part of her resignation and court case is that she not run again for Prosecuting Attorney.

The judge that said the case would go forward to trial also allowed 90% of what the AG's office subpoenaed to go forward on discovery. Gardner and company have 30 days to submit all the discovery items.....which they won't do, she has not made any of the discovery time limits on any of the cases her office has been involved. Usually the judges have to get involved and ordering her officer to get it done ASAP.

quote:

Originally posted by jsbcody:
Just off the presses: Gardner has been taking advance degree Nursing classes...

Say

What

quote:

Originally posted by parabellum:

quote:

Originally posted by jsbcody:
Just off the presses: Gardner has been taking advance degree Nursing classes...

Say

What

According to a statement from Gardner's office, basically said that the "evil effects" of the criminal justice system have a base and foundation in poor health care, so that is why she is taking advance degree classes in Nursing from St. Louis University.....go figure.

Crap, I can't keep up with all the shit going on!

Today, two MORE attorneys resigned, leaving only 20 attorneys in the whole office and 1 attorney in the Violent Crime Cases Unit for which there are 500 cases waiting to go to trial.

2 more attorneys resign from St. Louis Circuit Attorney's Office

The departures of the general felonies prosecutor and misdemeanors prosecutor bring the number of attorneys to 20.



Author: Christine Byers (KSDK)
Published: 11:59 AM CDT May 3, 2023
Updated: 4:24 PM CDT May 3, 2023
Facebook Twitter
ST. LOUIS — Two more attorneys are resigning from St. Louis Circuit Attorney Kim Gardner’s office, according to sources familiar with their departures.

Assistant Circuit Attorney Adam Field, was assigned to the General Felonies Unit, and Kiersten Heiman, was assigned to the Misdemeanor Unit, according to payroll documents provided to 5 On Your Side by the Circuit Attorney’s Office. Field's last day is May 19, according to the sources.


This leaves 20 attorneys in the Circuit Attorney’s Office overall.

By comparison, St. Louis County Prosecutor Wesley Bell employs about 70 attorneys. Sources familiar with their departures also confirm Field and Hieman have been hired by Bell's office post resignations from Gardner's office.

There is only one prosecutor currently assigned to the Violent Felonies Unit that has more than 500 cases alone.

The exodus from Gardner's office is among the reasons why Missouri Attorney General Andrew Bailey has filed a lawsuit to remove Gardner from office.

Since February, five of the six prosecutors assigned to the Violent Felonies Unit have resigned. Those former prosecutors are also still listed as the attorney of record on 12 jury trials scheduled for the next two weeks.

Presiding Judge Elizabeth Hogan wrote a letter to Gardner this week asking who will be assigned to those cases.

Gardner's response to Hogan's letter was, "Judge Hogan, I have received your letter on upcoming trials. As you know, the Circuit Attorney’s Office is currently working on these matters."
Gardner's spokeswoman has previously told 5 On Your Side the office does not comment on personnel matters, but stated Monday:

"The backbone of the Circuit Attorney’s Office are the hardworking men and women who review and issue cases on a daily basis. While we have had some high profile departures, the office continues to seek justice for the people of the City of St. Louis. The CAO has made adjustments to the workload to ensure all cases are covered, and is actively recruiting talented attorneys. The prosecutor’s office continues to be an excellent training ground for those seeking experience in the criminal justice system, and we continue to receive resumes from qualified attorneys. Despite constant criticism and scrutiny, the team continues to pull together to serve the City of St. Louis under the leadership of Circuit Attorney Gardner."

What happened to "I ain't no account leavin' and I didn't do nuffin'?"

Nursing classes? If I was in a hospital bed and this bitch walked into my room, I'd try changing hospitals. I wouldn't let her touch me, not even put a band-aid on me. Incredible.

quote:

Originally posted by parabellum:
Nursing classes? If I was in a hospital bed and this bitch walked into my room, I'd try changing hospitals. I wouldn't let her touch me, not even put a band-aid on me. Incredible.

My very first thought.

Well Gardner's office is now down to 19 attorneys, but not due to a resignation. This one just died in a car accident on I270. 4 car accident with 3 of cars catching fire, including the attorney's car. My condolences to his family and friends.

St. Louis prosecutor killed in south county crash

quote:

St. Louis prosecutor killed in south county crash

I was going to post this... that's right by my house.

Too bad it wasn't Gardner.

Local news is reporting that she stepped down.

They’re saying she submitted a two-page resignation letter.


Link