ST. LOUIS — A Missouri appellate court Wednesday rejected another challenge from ¹û½´ÊÓƵ Circuit Attorney Kimberly M. Gardner to continue prosecuting a ¹û½´ÊÓƵ couple who pointed firearms at protesters outside the couple’s mansion in June.
The Missouri Court of Appeals in ¹û½´ÊÓƵ denied Gardner’s claim that Circuit Judge Michael Stelzer shouldn’t have applied the disqualification of Gardner and her office from Mark McCloskey’s case to that of McCloskey’s wife, Patricia McCloskey.
Gardner would now need a Missouri Supreme Court order overturning her office’s exclusion from the cases. A spokeswoman for Gardner said the office will appeal.
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Mark McCloskey, 64, and Patricia McCloskey, 61, pleaded not guilty in October to charges of unlawful use of a weapon and evidence tampering after they waved guns at protesters walking past the McCloskeys’ mansion on Portland Place — a private and gated street — to a demonstration blocks away outside the home of Mayor Lyda Krewson. The McCloskeys said they felt threatened by the group as it walked by.
The McCloskeys sought and won Gardner’s removal from the case, alleging she exploited it for political gain in campaign fundraising emails. Gardner, a Democrat, argued she had the right to defend against Republican political attacks. Another judge is expected to appoint a special prosecutor soon.
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 ¹û½´ÊÓƵ. No shots were fired and the protesters moved on. The protesters called for to ¹û½´ÊÓƵ 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 ¹û½´ÊÓƵ. 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 ¹û½´ÊÓƵ. 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 ¹û½´ÊÓƵ. 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 ¹û½´ÊÓƵ. 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-¹û½´ÊÓƵ 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 ¹û½´ÊÓƵ Mayor Lyda Krewson's house Sunday, June 28, 2020, in the Central West End of ¹û½´ÊÓƵ. 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 ¹û½´ÊÓƵ Mayor Lyda Krewson's house in front of his house on Portland Place on Sunday, June 28, 2020, in the Central West End of ¹û½´ÊÓƵ. 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 ¹û½´ÊÓƵ Mayor Lyda Krewson’s house Sunday, June 28, 2020, in the Central West End of ¹û½´ÊÓƵ. 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 ¹û½´ÊÓƵ Mayor Lyda Krewson's house Sunday, June 28, 2020, in the Central West End of ¹û½´ÊÓƵ. 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 ¹û½´ÊÓƵ Mayor Lyda Krewson's house Sunday, June 28, 2020, in the Central West End of ¹û½´ÊÓƵ. 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 ¹û½´ÊÓƵ Mayor Lyda Krewson's house Sunday, June 28, 2020, in the Central West End of ¹û½´ÊÓƵ. 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 ¹û½´ÊÓƵ Mayor Lyda Krewson's house Sunday, June 28, 2020, in the Central West End of ¹û½´ÊÓƵ. 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 ¹û½´ÊÓƵ Mayor Lyda Krewson's house Sunday, June 28, 2020, in the Central West End of ¹û½´ÊÓƵ. 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
¹û½´ÊÓƵ 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 ¹û½´ÊÓƵ 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.
