UPDATED at 9:45 a.m. Friday with a second petition by St. Louis circuit attorney to the Missouri Supreme Court.
ST. LOUIS — One day after a judge appointed a former U.S. attorney as special prosecutor in a Central West End couple's armed confrontation with racial justice protesters last summer, St. Louis Circuit Attorney Kimberly M. Gardner asked the state's highest court to restore her authority over the case.
Gardner's office on Thursday filed two petitions with the Missouri Supreme Court seeking to block orders by St. Louis judges disqualifying her and her office from prosecuting the case.
Mark McCloskey, 64, and his wife Patricia, 61, each pleaded not guilty in October to charges of unlawful use of a weapon and evidence tampering. The couple sought and won a judge's order removing Gardner and finding that she created an appearance of impropriety by mentioning the McCloskey investigation in fundraising emails ahead of August's Democratic primary for circuit attorney.
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A spokeswoman for Gardner did not respond to a request for an explanation on the timing of the petition, which came a day after former U.S. Attorney Richard Callahan was appointed to prosecute the case.
One of Gardner's petitions asks Missouri's high court to suspend the prosecution of the McCloskeys and also claims Circuit Judge Thom Clark should have recused himself because he issued his ruling while simultaneously applying to and winning Gov. Mike Parson's appointment to the Missouri Court of Appeals at St. Louis. Clark declined comment Thursday.
A second petition filed with the Supreme Court late Thursday night seeks a stay of Circuit Judge Michael Stelzer's order applying Clark's order to Patricia McCloskey's case.
Photos: Central West End couple display guns during protest
Armed homeowners Mark T. and Patricia N. McCloskey standing in front their house along Portland Place as they confront protesters marching on Sunday, June 28, 2020, in the Central West End of St. Louis. No shots were fired and the protesters moved on. The protesters called for to St. Louis Mayor Lyda Krewson's resignation for releasing the names and addresses of residents who suggested defunding the police department. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
“Private property!” yells armed homeowner Mark McCloskey as he confronts protesters marching in front of his house on Portland Place on Sunday, June 28, 2020, in the Central West End of St. Louis. Portland Place is a private street. No shots were fired and the protesters marched on. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
An armed homeowner Patricia McCloskey stands in her front lawn along Portland Place confronting protesters as they march on Sunday, June 28, 2020, in the Central West End. No shots were fired and the protesters moved on. The protesters called for to Mayor Lyda Krewson's resignation for releasing the names and addresses of residents who suggested defunding the police department. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Armed homeowner Patricia McCloskey stands in front her house along Portland Place as she confronts protesters Sunday, June 28, 2020, in the Central West End of St. Louis. No shots were fired and the protesters marched on. The protesters called for Mayor Lyda Krewson's resignation for releasing the names and addresses of residents who suggested defunding the police department. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
"Get out! Private property, get out!” yells Patricia McCloskey as she points a small handgun at protesters on Portland Place on Sunday, June 28, 2020, in the Central West End of St. Louis. Portland Place is a private street. No shots were fired and the protesters marched on. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
A protester directs the crowd to stop filing through a pedestrian gate leading to Portland Place after the first group who walked through encountered a couple pointing guns on Sunday, June 28, 2020, in the Central West End neighborhood of St. Louis. The protesters called for Mayor Lyda Krewson's resignation for releasing the names and addresses of residents who suggested defunding the police department. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Armed homeowners Mark and Patricia McCloskey stand in front their house along Portland Place as they confront protesters marching to then-St. Louis Mayor Lyda Krewson's house on June 28, 2020, in the Central West End. No shots were fired, and the protesters marched on.
Armed homeowner Patricia N. McCloskey stands in front her house along Portland Place as she confronts protesters marching to St. Louis Mayor Lyda Krewson's house Sunday, June 28, 2020, in the Central West End of St. Louis. No shots were fired and the protesters marched on. The protesters called for Krewson's resignation for releasing the names and addresses of residents who suggested defunding the police department. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
“Private property!” yells armed homeowner Mark McCloskey as he confronts protesters marching to St. Louis Mayor Lyda Krewson's house in front of his house on Portland Place on Sunday, June 28, 2020, in the Central West End of St. Louis. Portland Place is a private street. No shots were fired and the protesters marched on. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Homeowners Mark and Patricia McCloskey stand in front their house along Portland Place as they confront protesters marching to St. Louis Mayor Lyda Krewson’s house Sunday, June 28, 2020, in the Central West End of St. Louis. No shots were fired and the protesters marched on. The protesters called for Krewson’s resignation for releasing the names and addresses of residents who suggested defunding the police department.
An armed homeowner Patricia McCloskey stands in her front lawn along Portland Place confronting protesters as they march to Mayor Lyda Krewson's house on Sunday, June 28, 2020, in the Central West End. No shots were fired and the protesters moved on. The protesters called for Krewson's resignation for releasing the names and addresses of residents who suggested defunding the police department. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Armed homeowners Mark T. and Patricia N. McCloskey stand in front their house along Portland Place as they confront protesters marching to St. Louis Mayor Lyda Krewson's house Sunday, June 28, 2020, in the Central West End of St. Louis. No shots were fired and the protesters marched on. The protesters called for Krewson's resignation for releasing the names and addresses of residents who suggested defunding the police department. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Armed homeowners Mark T. and Patricia N. McCloskey standing in front their house along Portland Place as they confront protesters marching to St. Louis Mayor Lyda Krewson's house Sunday, June 28, 2020, in the Central West End of St. Louis. No shots were fired and the protesters marched on. The protesters called for Krewson's resignation for releasing the names and addresses of residents who suggested defunding the police department. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Armed homeowners Mark T. and Patricia N. McCloskey standing in front their house along Portland Place as they confront protesters marching to St. Louis Mayor Lyda Krewson's house Sunday, June 28, 2020, in the Central West End of St. Louis. No shots were fired and the protesters marched on. The protesters called for Krewson's resignation for releasing the names and addresses of residents who suggested defunding the police department. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Armed homeowners Mark T. and Patricia N. McCloskey standing in front their house along Portland Place as they confront protesters marching to St. Louis Mayor Lyda Krewson's house Sunday, June 28, 2020, in the Central West End of St. Louis. No shots were fired and the protesters marched on. The protesters called for Krewson's resignation for releasing the names and addresses of residents who suggested defunding the police department. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
A security guard opened a pedestrian gate, allowing protesters to exit Portland Place onto Lake Street after armed homeowners Mark T. and Patricia N. McCloskey stood in front their house along Portland Place and confronted protesters as they marched to St. Louis Mayor Lyda Krewson's house Sunday, June 28, 2020, in the Central West End of St. Louis. No shots were fired and the protesters marched on. The protesters called for Krewson's resignation for releasing the names and addresses of residents who suggested defunding the police department. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
St. Louis Circuit Attorney Kimberly M. Gardner outside Yeatman Middle School on Election Day, Nov. 3, 2020.
Photo by Hillary Levin, hlevin@post-dispatch.com
Joel Schwartz, lawyer for Mark and Patricia McCloskey, provides reporters a summary of his argument seeking to disqualify Circuit Attnorney Kim Gardner from prosecuting the gun and evidence tampering charges against the St. Louis couple.
— Joel Currier (@joelcurrier)
1/ Regarding today’s hearing on Patricia and Mark McCloskey’s motion to disqualify the CAO and office.
— Circuit Attorney (@stlcao)
Statement from Circuit Attorney Kimberly M. Gardner
It is extraordinarily rare for the Court to order the disqualification of the elected prosecutor's entire office.
