Soros-backed Attorney Gardner fighting to be allowed to prosecute McCloskey case after she was kicked off it

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ST LOUIS, MO – The prosecutorial back-and-forth continues in the McCloskey case, with St. Louis Circuit Attorney Kim Gardner having recently asked the Missouri Supreme Court to restore her authority to prosecute the couple

For those unaware, Mark and Patricia McCloskey were the focus of widespread outrage due to an incident that occurred back in June of 2020, where the couple were caught on camera brandishing firearms as a mob of protesters formed outside their home after breaching a private/gated community. 

The couple were eventually hit with charges of felony unlawful use of a weapon and evidence tampering. 

Back in December of 2020, we at Law Enforcement Today shared a report on how the St. Louis Circuit Attorney and her office were barred from handling the McCloskey’s case due to Kim Gardner reportedly using the case as political campaign fodder. 

At the time, Circuit Court Judge Thomas Clark II noted the following when stripping the case from Gardner’s office: 

“In short, the Circuit Attorney’s conduct raises the appearance that she initiated a criminal prosecution for political reasons.”

Now in January of 2021, Gardner’s office has made another attempt to get the case back in their possession. 

Back on January 20th, the Missouri Court of Appeals upheld the previous ruling, and Gardner’s office was once again denied from prosecuting the case against the McCloskey’s. 

Which now brings us to the latest effort by Gardner’s office to prosecute Mark and Patricia McCloskey. Gardner’s office petitioned the Missouri Supreme Court on February 25th to have the previous judge’s order disqualifying her and her office from prosecuting the case blocked. 

Considering that there’s already two judges that have heard Gardner’s pleas to regain prosecutorial rights to the case and ruled against her office – there’s a high probability that the endeavor will be moot. 

Furthermore, former U.S. Attorney Richard Callahan was already appointed as the special prosecutor on the case back on February 24th by Circuit Judge Steven Ohmer. 

Callahan was reportedly the U.S. attorney in St. Louis from 2010 to 2017, and was also a circuit judge and a prosecutor in Cole County. The 73-year-old special prosecutor admittedly has some experience when it comes to cases where there are politically-charged elements. 

When Callahan was recently asked about how he’d approach this particular case, he plainly stated that he’s going to give it a fresh start and simply “follow the evidence”.

He said:

“I am going to approach it the same way I’ve done anything in the last 49 years – start with a blank slate, follow the evidence and see where it takes me.”

Both Mark and Patricia McCloskey have pleaded not guilty to the charges brought against them. 

Please follow Law Enforcement Today as we continue to gather updates regarding this case. 

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As mentioned earlier, Gardner’s office had managed to lose the opportunity to prosecute this case after reportedly using the case as some sort of a political football during her campaign for re-election back in 2020. 

Here’s that previous report on that matter. 

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ST LOUS, MO – Everyone by now has heard of the McCloskey’s.  They are the couple who exited their home with guns after members of Black Lives Matter broke down the gate in their gated community to protest. 

The McCloskey’s were arrested and charged with aggravated assault, while they stood on their porch and received threats from the protesters. 

Now, a judge has banned the St. Louis Circuit Attorney and her office from processing the case due to improper emails.

In what some have labeled a miscarriage of justice from the beginning, a judge has now taken notice of improper actions from the offices of Kim Gardner and her entire office. 

While LET reported previously that the initial investigating detective refused to sign search and arrest warrants several times from the prosecutors, what apparently caught the attention of the judge were fundraising emails that Gardner had been sending.

Circuit Court Judge, Thomas Clark II, banned Gardner and her office from prosecuting any criminal case against Mark and his wife, Patricia.  The reason behind this move? 

Gardner, or at least her campaign, apparently gave the appearance that the McCloskey’s were only being criminally charged to bolster her politically.  Clark said:

“In short, the Circuit Attorney’s conduct raises the appearance that she initiated a criminal prosecution for political reasons.”

Al Watkins, an attorney for the couple, said:

“Prosecutors are held to a higher standard legally, ethically, and politically.  When you swing and miss on all three you have to hit the lockers.”

Gardner’s office  issued a statement which, in part, read that they will “review the court order and determine our options.” 

In the statement, her office claims that they were not made aware of the ruling in advance and only learned about it in media reports.

For those not in the law enforcement field, let me clarify.  These kinds of rulings are not made in private.  They are made during a court hearing in which members of the prosecution and defense are both present.  

Clark’s ban on Gardner and her office from prosecuting this case, does not mean that the case is finished.  A judge will appoint a special prosecutor, who will review all facts and evidence and produce a filing decision.  When that appointment will be made remains to be seen.

The McCloskey’s, who are both attorney’s, were indicted by a St Louis grand jury in October of this year for unlawful use of a weapon and tampering with evidence.  They were initially indicted in July of this year, but the updated charge of tampering with evidence was added in October.

The charge of tampering with evidence was added when it was determined that one of them may have disabled the firearm Patricia used after the incident. 

It should be noted, from our article from August 8th, that Assistant Circuit Attorney Chris Hinckley ordered the crime lab to “disassemble and reassemble” the gun in question for the purpose of determining whether it was capable of firing.  It was found that it was not. 

In the emails cited by the judge, Gardner’s campaign cites the President’s and the Governor’s criticisms when it came to filing criminal charges.  Emails claimed that Gardner was “fighting for the two who pointed guns at citizens during the Black Lives Matter protests.” 

One of the emails was sent within 48 hours after Gardner announced that she had decided to file criminal charges.  According to 5 On Your Side, her campaign raised over $17,000 between July 17th and July 23rd allegedly as a result of those emails.

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