Kimberly Gardner

Gardner ran against three Democratic opponents to secure her post as Circuit Attorney (CA) in the 2016 elections, following the retirement of Jennifer Joyce. She ran on reforming and rebuilding trust in the criminal justice system and reducing violent crime. She also promised to increase diversity, bring independent investigations of police use of force, work to reduce racial disparities, and enhance gun control.[2][3][4] Gardner's campaign accepted $190,750.73 from super PACs.[5]

Gardner took office on January 6, 2017.[6] She is the first African-American to head the Circuit Attorney's Office (CAO). Under Gardner's tenure, St. Louis has seen a significant increase in non-prosecuted felonies. In 2019, St. Louis police sought 7,045 felony cases, but only 1,641 were prosecuted by Gardner's office. Many were returned to the police citing insufficient evidence, despite claims of sufficient evidence to prosecute by the police union.[7][8]

Gardner continued the prosecution of former St. Louis Metropolitan Police Department (SLMPD) police officer Jason Stockley for first degree murder in the shooting of Anthony Lamar Smith, a case first filed by her predecessor Jennifer Joyce. The acquittal in the bench trial in a controversial decision by Judge Timothy Wilson led to intense protests in the latter months of 2017.

As Circuit , Gardner has reduced and removed or reduced amounts of cash bond for minor, nonviolent offenses. She is also expanding diversion and drug court programs,[9] and consulting with the Vera Institute of Justice on these issues.[10] She is ending prosecutions of low-level marijuana possession and is dismissing many cases.[11] The CAO is sharing a federal grant to work with the Midwest Innocence Project on wrongful convictions.[12]

In the summer of the 2018, the existence of an "exclusion list" (similar to a "Brady list" in other jurisdictions) of 28 SLMPD officers whose conduct is considered so tainted by misconduct that the CAO would no longer accept testimony or evidence in court cases and would reconsider past cases.[13] Fifty-five prosecutors and law enforcement officials from across the United States signed a statement supporting Gardner's Brady List.[14] Gardner, in February 2019, announced that the CAO and police department are working together on problems stemming from the list.[15] In January 2019, Gardner's office accused officers within SLMPD of obstructing their investigation in the shooting death of officer Katlyn Alix by officer Nathaniel R. Hendren, one of two officers charged with crimes relating to the incident, which resulted in a sharp rebuke by Chief John Hayden.[16]

In 2019, Gardner admitted to repeat campaign finance violations dating back to her time as a Missouri State Legislator. These violations included using campaign donations to pay for a private apartment. Gardner reached an agreement with the Missouri Ethics Commission to pay a settlement of $6,314 in lieu of a $63,009 fine.[17]

The Circuit Attorney's Office has experienced a more than 100% turnover rate in staff since Gardner took office. The St. Louis Post-Dispatch reported in September 2019 that "over 65 attorneys with a combined experience of over 460 years in prosecutorial experience" have left the Circuit Attorney's office under Gardner.[18]

Gardner's office secured a grand jury indictment of sitting Missouri Governor Eric Greitens in February 2018, for felony invasion of privacy.[19] On April 20, 2018, Gardner's office announced a new charge of tampering with computer data against Greitens.[20] The governor was swiftly released on his own recognizance. Then Missouri Attorney General Josh Hawley had opportunity to prosecute but declined to do so. In May 2018, the judge in the Greitens case ruled that the defense could call Gardner as a witness due to suspected criminal conduct by the prosecution. Following the judge's ruling, Gardner's office announced that they would be dismissing the invasion of privacy charge citing that Gardner could not testify in a case her office was prosecuting.[21] Following the Governor's announcement that he planned to resign, Gardner announced that all charges against Greitens would be dropped.[22]

On May 15, 2018, Missouri Governor Eric Greitens' attorneys filed a police report with the St. Louis Metropolitan Police Department alleging perjury by William Don Tisaby, an ex-FBI agent and private investigator that Gardner hired to investigate Greitens. Defense attorneys also cited $100,000 in secret cash payments to witnesses, payments they stated were concealed from the defense team by Gardner, as well as numerous meetings between the Circuit Attorney and William Tisaby, and "a major witness in the case". In a statement regarding the police report, defense attorneys said, "By law, both the Circuit Attorney and William Tisaby were required to testify about what was said and done in those secret meetings. Both refused to do so." Tisaby asserted his Fifth Amendment rights against self-incrimination in response to over 50 questions.[23]

On June 29, 2018, St. Louis Circuit Judge Michael Mullen appointed St. Louis attorney Gerard Carmody as special prosecutor to investigate allegations of criminal misconduct in the case against Governor Eric Greitens.[24] Gardner appealed the appointment of a special prosecutor all the way to the Missouri Supreme Court. The Missouri Supreme Court ruled that Gardner had a conflict of interest in the case and upheld Mullen's appointment of Carmody.[25] Gardner's office also appealed a search warrant signed by Mullen granting the special prosecutor access to the files of the St. Louis Circuit Attorney's Office (CAO) to the Missouri Supreme Court. The Missouri Supreme Court again ruled for the special prosecutor, ordering Gardner to turn over servers requested by Carmody.[25]

On June 17, 2019, a 7-count grand jury indictment was unsealed against William Don Tisaby, the private investigator hired by Gardner to investigate Greitens.[26] The indictment included six charges of felony perjury and one charge of felony tampering with evidence, alleging that Tisaby lied regarding his contacts with a major witness in the case and the nature of those conversations under oath. Additionally, the 30-page indictment accuses Tisaby of concealing a series of documents from defense attorneys and lying under oath during the deposition "about matters that could substantially affect, or did substantially affect, the course or outcome of the Greitens case."[27] The Associated Press reported that Tisaby surrendered to authorities on the same day the indictment against him was unsealed. He pleaded not guilty at his arraignment and was released on his own recognizance on the conditions that he surrender his passport and inform a probation officer of any travel.[28] In a press conference following Tisaby's release from custody on June 17, 2019, Tisaby's attorney, Jermaine Wooten, told reporters that "Ms. Gardner is probably the actual target here, not Mr. Tisaby."[29]

The indictment also lodged a series of claims against Gardner, stating "that she failed to correct Tisaby’s lies, failed to report them to police, and made incorrect statements to defense lawyers and the judge." The misconduct in the unsuccessful prosecution of Greitens has placed Gardner at risk of losing her law license and facing criminal charges.[27] Gardner's office remains under investigation by the special prosecutor and grand jury.[27]

On July 10, 2019, the grand jury that had indicted Gardner's private investigator, William Tisaby, disbanded without any other indictments.[30] The next day, Gardner held a press conference outside the St. Louis Circuit Attorney's Office denying any wrongdoing in Greitens's case. The press conference marked Gardner's first public statement on the matter since the appointment of the special prosecutor, as a gag order had been placed on the case for the duration of the grand jury. Fox 2 Now reported that Gardner claimed that it was time for the city to "move on".[31] Following the press conference, Special Prosecutor Gerard Carmody took the unusual step of putting out a statement clarifying that the grand jury disbanded not because the investigation was complete but because it reached its expiration and its term could not be extended.[32] Carmody announced that despite the original grand jury's conclusion, his investigation would continue, pointing out his authority to seat a new grand jury to review any evidence relating to Gardner's conduct. "Notwithstanding the expiration of that Grand Jury’s term, the investigation into possible criminal activity will continue," Carmody said in the statement.[32]

During an August 15, 2019 hearing, Tisaby's attorney asked that the case be dismissed. St. Louis Circuit Judge Bryan Hettenbach denied the motion to dismiss and placed a protective order on approximately 4,000 documents at the request of Special Prosecutor Gerard Carmody. KSDK reported that during the hearing, "Tisaby's attorney asked Carmody who specifically was under investigation. Carmody stopped short of identifying a person, but said the ongoing probe was focused on the now-failed prosecution of Eric Greitens."[33] Carmody also stated that the protective order was needed to protect the privacy of some parties involved in the Greitens case and the integrity of "an active criminal investigation."[33]

In January 2020, Gardner filed a civil rights lawsuit against St. Louis City and St. Louis Metropolitan Police Department on the basis of the Fourth Amendment, Fourteenth Amendment, and Ku Klux Klan Act of 1865, alleging a racist conspiracy.[34] The lawsuit cites a 2016 report from the Ethical Society of Police detailing a history of racial discrimination in the police force,[35] as well as the Plain View Project's report exposing city police officers' racist social media activities.[34]

The city's spokesperson called the case "meritless" and spokesperson for the St. Louis Police Officers Association, Jeff Roorda, called the lawsuit "the last act of a desperate woman."[35] Several African American women district attorneys, including Marilyn Mosby and Aramis Ayala, traveled to St. Louis to demonstrate support for Gardner, declaring that she has been targeted by a "fundamentally racist" system which they also contend against.[36]

On January 10, 2020, Fox News contributor and national political commentator John Solomon filed a lawsuit against Kim Gardner in the St. Louis Circuit Court alleging violations of Missouri's open records laws.[37] In addition to Gardner, the lawsuit names convicted felon & Missouri publisher Scott Faughn, former State Reps. Jay Barnes and Stacey Newman, liberal mega-donor George Soros, attorney Albert Watkins, and individuals connected to the state's low income housing tax credit industry.[37] Solomon filed the suit after Gardner's office refused to make available records showing communication between Kim Gardner, her staff, and several political actors involved with the criminal and political investigations into former Republican Missouri Governor Eric Greitens.[37]

On June 3, 2020, the St. Louis Post-Dispatch reported that the Circuit Attorney's office had released all of the 36 rioters who had been arrested. This drew criticism from the Gardner's longtime public opponent Eric Schmitt, the Attorney General of Missouri.[38] Gardner's office responded that the individuals were released due to insufficient evidence (individuals must be released within 24 hours unless charged with a crime) and that the police had been asked for more evidence; Schmitt's office acknowledged that Gardner has up to three years to bring about charges.[39]