Judge dismisses prosecutor on McCloskeys case, citing ‘she initiated a criminal prosecution for political purposes’

O’FALLON, Mo. — A judge on Thursday disqualified the St. Louis prosecutor and her office from the case involving Mark McCloskey, who along with his wife pointed guns at racial injustice protesters marching on the private street near their home in June.

Circuit Judge Thomas Clark II dismissed Circuit Attorney Kim Gardner, citing two campaign fundraising emails around the time she filed felony gun charges against the couple in July.

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

The order applies only to Mark McCloskey and not his wife, Patricia, who faces the same charges. Attorneys for the couple are expected to ask that the ruling apply to Patricia McCloskey’s case, too.

“Prosecutors are held to a higher standard legally, ethically and politically,” Al Watkins, an attorney for the couple, said in a text. “When you swing and miss on all three you have to hit the lockers.”

Gardner’s spokeswoman did not immediately respond to messages seeking comment.

The order will mean that a special prosecutor will be assigned. It’s unclear when that will occur, or who it will be.

The McCloskeys, who are both attorneys in their early 60s, were indicted by a St. Louis grand jury in October on charges of unlawful use of a weapon and tampering with evidence. Their next court appearance was scheduled for January.

Gardner originally filed the weapons charge in July. The grand jury added the evidence tampering charge. The indictment states that a semiautomatic pistol was altered in a way that “obstructed the prosecution of Patricia McCloskey” on the weapons charge.

Another attorney for the McCloskeys, Joel Schwartz, sought Gardner’s removal, citing ads in her... (Read more)

Latest News