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Filing of the appeal could postpone appointment of special prosecutor to the case Author: Christine Byers (KSDK) Updated: 5:40 AM CST December 24, 2020
ST. LOUIS Should Judge Thomas Clark II’s order disqualifying Circuit Attorney Kimberly Gardner from the Mark McCloskey case stand, it will set “an extremely low standard,” by which a judge can remove an elected prosecutor from a case, according to an appeal Gardner filed Tuesday.
Missouri Court of Appeals Eastern District Judge Robin Ransom gave Clark until Jan. 4 to respond to Gardner’s appeal, which could delay the appointment of a special prosecutor to the case.
The appeal follows Clark’s Dec. 10 ruling granting Mark McCloskey’s motion to disqualify Gardner from his case. In his ruling, Clark argued two campaign emails soliciting money from supporters sent days before and after charges were filed “raise the appearance of impropriety and jeopardize the defendant’s right to a f