Judge Disqualifies Attorney Prosecuting McCloskey: Has ‘Appearance’ It Was Done For Political Reasons
Circuit Judge Thomas Clark II’s order against Circuit Attorney Kimberly M. Gardner and her office cited “two fundraising emails that Gardner’s reelection campaign sent in response to political attacks before and after she charged Mark and Patricia McCloskey with felony gun crimes in July,” the St. Louis Post-Dispatch
reported. “The judge’s order deals a political blow to Gardner, whose office has waged numerous legal challenges to defend her practices and reform-minded agenda during her first term.”
The Post-Dispatch noted that Clark’s order only applied to Mark McCloskey and bars her office from prosecuting the case. The order does not apply to Patricia McCloskey, whose case is assigned to Circuit Judge Michael Stelzer. The order states that the a new prosecutor has to be appointed to the case.
“This court does not seek to ‘interfere with the democratic process’ but strongly believes the present ‘circumstances’ justify disqualification,” Clark wrote. “Deference to precedent, acknowledging the will of the voters, and respecting separation of powers are all vital to a representative government, an equitable criminal justice system and the rule of law. Likewise, campaigning without tainting the right to a fair trial is equally compelling and constitutionally sacred.”