St. Louis prosecutor loses bid to stay on McCloskey case

<p>ST. LOUIS &mdash; The Missouri Supreme Court on Tuesday denied St. Louis Circuit Attorney Kim Gardner’s request to be allowed to prosecute a St. Louis couple who waved guns at racial injustice demonstrators last summer.</p>
<p>The court did not explain its reasons for denying Gardner’s appeal, KSDK-TV <a href="https://www.ksdk.com/article/news/local/missouri-supreme-court-ruling-gardner-mccloskey-case/63-9380d3d8-b63a-4a9b-a8cf-48ed82607c56">reported</a>.</p>
<p>The ruling means former U.S. U.S. Attorney Richard Callahan, who was appointed <a href="https://apnews.com/article/st-louis-jefferson-city-a382bedefda137be3feaeffa7322f238">special prosecutor</a>, will oversee the case. </p>
<p>The McCloskeys were <a href="https://apnews.com/article/st-louis-indictments-racial-injustice-3bbed2ea6c982581e51b16123a785cfc">charged </a> with unlawful use of a weapon and evidence tampering after they pointed guns at the protesters who were walking by the couple’s mansion during a racial injustice protest in June. </p>
<p>The couple has pleaded not guilty. </p>
<p>Gardner was <a href="https://apnews.com/article/st-louis-racial-injustice-766e539b40199607e935bdb968c38159">removed </a> as prosecutor after their attorney successfully argued that she used the case for political gain by citing it in campaign fundraising emails. </p>
<p>Gardner appealed that decision to the Missouri Eastern District Appeals court, which denied her motion, and then <a href="https://apnews.com/article/michael-brown-st-louis-crime-courts-gun-politics-c60cbc258cd6a33191b3e1f4282f6919">appealed </a> to the state Supreme Court.</p>
<p>The McCloskeys gained national praise from conservatives after they were arrested. Missouri Gov. Mike Parson has said he will <a href="https://apnews.com/article/gun-politics-st-louis-archive-michael-brown-7c92245ea8ebb1a0b98e31d8e05c1f8e">pardon them</a> if they are convicted.</p>