St. Louis Circuit Attorney Kim Gardner Committed Professional Misconduct per Chief Disciplinary Counsel

(AP Photo/Jim Salter)

’60 Minutes’ recently ran a glowing profile of St. Louis Circuit Attorney Kim Gardner. Suffice it to say that many denizens of St. Louis and the metropolitan area don’t hold her in the same high regard.

Set aside the politics for a moment (I know, that’s a tall order) — Gardner’s record since becoming Circuit Attorney has been horrid less than stellar. Her office’s conviction rate has barely topped 50%; she’s created an “exclusion list” of at least 75 police officers from whom her office won’t accept cases and fueled an abominably antagonistic “relationship” with law enforcement, which included a failed lawsuit filed by her against the police union and the City of St. Louis alleging a racist conspiracy to undermine her.

Even presumably “friendly” media outfits, like the St. Louis Post Dispatch, have acknowledged the high negatives of Gardner’s tenure:

ST. LOUIS – More than 65 prosecutors have quit or have been fired from the Circuit Attorney’s Office since January 2017.

That’s a half-dozen more lawyers who have left the office than were on the staff roster when Kimberly M. Gardner took charge.

….

The more than 100 percent turnover rate in Gardner’s office means a combined 470 years of experience prosecuting crimes in St. Louis has fled elsewhere, according to a Post-Dispatch analysis of staff rosters. The effect, according to former staffers and defense lawyers, is a state of dysfunction, low morale and a dearth of legal wisdom necessary to safeguard the public from potentially dangerous criminals.

Regular readers may be familiar with Gardner’s blatantly political prosecution of Mark and Patricia McCloskey following their confrontation with BLM protesters outside their home last June (from which she’s now been removed), and her bizarre attempted prosecution of former Missouri Governor Eric Greitens.

It’s in relation to the Greitens prosecution that Gardner now finds herself in additional hot water. Earlier this week, local CBS affiliate KMOV broke the story that Gardner was now subject to multiple charges of misconduct according to Missouri’s Chief Disciplinary Counsel, Alan Pratzel.

Per KMOV:

ST. LOUIS (KMOV.com) — An investigation by the state’s Chief Disciplinary Counsel has found probable cause that St. Louis Circuit Attorney Kim Gardner committed professional misconduct, after complaints made by the legal team representing former Governor Eric Greitens.

A state website published Tuesday Gardner’s name in relation to a pending disciplinary hearing, that indicates she is the subject of an alleged ethical violation. The Circuit Attorney will likely face a disciplinary panel to weigh the allegations and make a finding. Ultimately punishment would be decided by the Missouri Supreme Court and could range from an admonishment to suspension or revocation of her law license.

Further details of the nature of the charges have now emerged. The 73-page Complaint filed by Missouri’s Chief Disciplinary Counsel with the Missouri Supreme Court (in March) alleges multiple ethical breaches and instances of misconduct:

St. Louis Circuit Attorney Kimberly Gardner, one of the early local prosecutors bankrolled by liberal megadonor George Soros since 2016, engaged in 62 acts of misconduct that resulted in 79 false representations during Greitens’ now-dismissed criminal prosecution, according to Chief Disciplinary Counsel Alan Pratzel’s memo obtained Wednesday by Just the News.

….

Pratzel also accused Gardner of lying during the disciplinary proceedings, long after the case was dismissed against Greitens, a former Navy SEAL and rising Republican star who was forced to resign as governor in 2018 less than two years after he was sworn in.

The disciplinary action against Gardner follows the 2019 indictment of her former chief investigator in the case, ex-FBI agent William Tisaby, on seven felonies alleging he committed perjury and evidence tampering during the Greitens probe.

Gardner also remains under criminal investigation by a special prosecutor as Tisaby awaits a trial that has been delayed by the COVID-19 pandemic.

I outlined Gardner’s Tisaby-related woes here at RedState, back in March of 2019:

You may recall that Gardner’s office was the driving force behind the prosecution (subsequently dropped) of former (now resigned) Missouri Governor Eric Greitens over his alleged photographing of his mistress in a state of undress prior to taking office. Even at the time, Gardner’s actions were questioned and criticized.

Since then, a grand jury probe has been opened into Gardner’s handling of that matter and, in particular, her hiring of ex-FBI agent William Tisaby as an investigator and his purported perjury in that matter. And it’s not been a good look for Gardner.

What the ultimate outcome of the Disciplinary Counsel’s action will be remains to be seen. Gardner’s team filed a response on April 30th requesting the charges be dismissed. We’ll keep you posted.