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Gardner appeals decision to disqualify her from McCloskey case


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 defendan ....

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Judge dismisses Gardner from Mark McCloskey case


Judge dismisses St. Louis Circuit Attorney Kim Gardner from Mark McCloskey case
The couple s attorneys argued Gardner s email solicitations for campaign contributions demonstrated she and her office have a personal interest in the case
Author: Christine Byers (KSDK)
Updated: 8:24 AM CST December 11, 2020
ST. LOUIS A St. Louis judge has disqualified Circuit Attorney Kimberly Gardner and her office from prosecuting Mark McCloskey s case, saying campaign fundraising emails she sent before and after issuing charges against the couple “raise the appearance of impropriety and jeopardize the defendant’s right to a fair trial.”
Judge Thomas Clark’s ruling comes about six weeks after the attorneys for Mark and Patricia McCloskey argued their motion to disqualify Gardner and her office from the case, saying her emailed solicitations for campaign contributions demonstrated she and her office have a personal interest in the case ....

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