ST. LOUIS– There are new developments in the legal process playing out that could determine the fate of St. Louis Circuit Attorney Kim Gardner, and new political developments as well. 

What You Need To Know

  • The Missouri Supreme Court assigned Eastern District Court of Appeals John Torbitzky to handle the removal proceedings initiated by Attorney General Andrew Bailey against St. Louis Circuit Attorney Kim Gardner.
  • U.S. Rep. Cori Bush, a Gardner ally, called for accountability but also attacked state officials for trying to circumvent St. Louis voters
  • Monday, a Missouri Senate panel hears testimony on a bill that would let the Governor appoint a special prosecutor for violent crime cases in St. Louis

 

 

Two days after one of Gardner’s staunch allies, St. Louis Mayor Tishaura Jones said Gardner had lost trust of the people over the handling of cases involving a suspect who accused of being behind the wheel in a car crash that cost a Tennessee teenager her legs, another ally, U.S. Rep. Cori Bush called for accountability, Friday but blasted efforts by state officials that she said would go around the will of St. Louis voters.

“In order to obtain the full accountability this situation rightfully demands, each layer must be addressed. This isn’t about any one prosecutor or judge. The harm that Janae Edmondson has endured is emblematic of a system-wide failure. There were decisions all across our criminal legal system that contributed to this tragedy—and our community deserves answers. There must be transparency and more stringent oversight to determine every person, action, and process that led up to this horrible incident,” Bush said. 

Without naming anyone specifically, Bush also said “we must reject disingenuous, misogynistic, and racist calls by state officials to circumvent the will of St. Louisans who have entrusted democratically elected local officials to oversee and implement public safety.”

The statement comes as Missouri Attorney General Andrew Bailey has begun court proceedings to have Gardner removed from office and state lawmakers move forward with legislation that would allow for the appointment of a special prosecutor for violent crimes in St. Louis.

Also Friday, the Missouri State Supreme Court appointed Eastern District Court of Appeals Judge John Torbitzky to be transferred to the 22nd Circuit to oversee the proceedings after all of the circuit’s judges recused themselves. Torbitzky was appointed to the Appeals Court in 2021 after working in private practice. Voters elected to retain him last November.

At a Thursday news conference, Gardner called out critics who she said "have an agenda to make sure that my office does not succeed. That is not an excuse but at the same time we know we do not control every part of the system but what we can control is we're going to fight very hard for justice in spite of the vitriol, the hate, the racist attacks, the known manipulation of the court procedures to make sure our office fails," she said while calling the removal effort "a political stunt."

While it’s unclear exactly how fast it could play out, the legal process in court is happening at the same time political developments are unfolding both in St. Louis and Jefferson City.

Monday, the Missouri Senate Judiciary and Civil and Criminal Jurisprudence Committee hears House Bill 301, a broad public safety bill most notable for a provision that would allow for the naming of a special prosecutor to handle certain cases involving violent crime.

State Sen. Tony Luetkemeyer, the committee chair, extended an invitation through social media for Gardner to testify. It’s unclear if any more formal entreaties have been made. A spokesperson for the Circuit Attorney’s Office did not respond to a request for comment about plans to testify. A Gardner deputy testified in a House committee hearing.

The measure passed in the House over Democratic opposition to the bill that would essentially strip the first Black Circuit Attorney in St. Louis of authority. Republicans have criticized Gardner since her election in 2017 as she’s pushed a progressive reform agenda but has also seen an exodus of career prosecutors and a worsening relationship with the St. Louis Metropolitan Police Department when it comes to refusing to prosecute certain cases and oversight of officer misconduct investigations.

Gardner’s early public statements after last weekend’s accident involving Janae Edmondson, the Tennessee volleyball player who lost her legs in an accident police say was caused by a man who had violated terms of his bond on an armed robbery case more than 50 times, came off as tone deaf to some, including lawmakers who had fought on Gardner’s behalf in the House.

State Rep. Donna Baringer D-St. Louis and a former St. Louis Alderman, said Thursday that Gardner should resign, while State Rep. Steve Butz D-St. Louis said she needed to take responsibility for the problems in the office. State Rep. Rasheen Aldridge, who is running for a seat on the Board of Aldermen, said Gardner had lost the hope and trust of people in the city, and that he’d take the weekend to talk to residents before he would consider calling for Gardner’s resignation.

Short of a filibuster, there’s little reason currently to think the measure won’t find its way to Governor Mike Parson’s desk, especially after Senate President Caleb Rowden called for Gardner’s resignation and otherwise threatened to “systematically and aggressively work with my colleagues in the #MOLeg to ensure her incompetence isn’t putting more lives in danger,” as he wrote on Twitter.

Parson, who has also called for Gardner’s resignation, has previously suggested that he was interested in partnerships, not state takeovers of St. Lous area institutions to address crime. His office did not respond to a question seeking specific comment on HB 301 Friday.

House Speaker Dean Plocher told reporters Thursday that the “impetus” for the special prosecutor provision would be gone if Gardner resigned. 

In St. Louis, early voting has already started for primary elections March 7 leading to the April 4 election that will trim the Board of Aldermen from 28 to 14 members.  

Several members have called for Gardner’s resignation, but have split on support for the Attorney General’s action to have her removed.

Board President Megan Green, who is running unopposed for the post, said Wednesday that “Leadership should be held accountable when the systems we're in charge of fail our residents—because beyond administering those systems, we are also charged with enacting reforms that prevent tragedy and elevate our standards for justice. It is impossible to achieve those ends when the Circuit Attorney’s office isn’t meeting minimum standards. I stand ready to support the Circuit Attorney in any way necessary to ensure that her office can work effectively for the benefit of residents in our city.”