ST. LOUIS–Missouri Attorney General Andrew Bailey on Tuesday afternoon filed a revised version of a petition seeking St. Louis Circuit Attorney Kim Gardner’s removal from office, expanding the scope of the allegations against her to 10 counts.
The original filing late last month made three charges–that Gardner’s office failed to prosecute cases, that she failed to inform and confirm with victims, and that she’s refused to “Exercise her Judgment to Determine Whether there is Evidence Sufficient to Justify a Prosecution,” related to Gardner’s office’s ongoing disagreement with some members of the St. Louis Metropolitan Police Department.
Tuesday, in a 121-page filing, the Attorney General’s Office says Gardner has failed to comply with her discovery obligations to criminal defendants and their right to a speedy trial, refused to timely move for the disposal of evidence, “failed to appropriately fill vacancies and to staff her office to comply with her prosecutorial and administrative duties” in a way that “has created a toxic and dysfunctional work environment and unmanageable workloads,” among other allegations.
From the filing:
- Since Gardner took office in January of 2017, "Respondent assumed office, 2,735 criminal cases have been dismissed by the court, excluding cases dismissed due to the death of the defendant...Of those 2,735 cases, the majority were dismissed due to Respondent’s failure to prosecute, her failure to comply with speedy-trial requirements, or her failure to comply with discovery obligations."
- "For the years 2017 through 2020, Respondent either fired, or accepted the voluntary resignations, of at least 85 assistant circuit attorneys, which shows an extraordinary level of turnover caused by the toxic and dysfunctional work environment knowingly and willfully created by Respondent’s willful neglect or knowing or willful failure to properly manage her office."
A spokesperson for Gardner says the office is reviewing the new filing. Gardner responded to the original filing by calling it a “political stunt” by Bailey, who is running for election in 2024 after being appointed by Missouri Gov. Mike Parson.
Bailey demanded Gardner’s resignation late last month over the handling of an armed robbery case where the defendant who violated the terms of his bond more than 50 times was later charged with being behind the wheel of a car in a car accident that left a Tennessee teenage volleyball player without the use of her legs.
Gardner has blamed the judge in the case for allowing the defendant to remain free on bond, and has said the effort to have her removed goes against the will of the voters of St. Louis who have elected her twice to the post.
Gardner has until March 31 to respond to the amended filing in court. She has already filed a motion to dismiss the original petition and to quash a subpoena.