Judge Kicks Anti-Gun Prosecutor Off McCloskey Case

Published on December 12, 2020
Duration: 4:27

This video discusses a significant legal development in the McCloskey case, where St. Louis Circuit Attorney Kimberly Gardner was removed from the case by Judge Thomas Clark. The judge cited Gardner's use of the McCloskeys' case for fundraising, which created an appearance of impropriety and jeopardized the defendants' right to a fair trial. The removal could lead to a special prosecutor being appointed, potentially impacting the future of the charges against the McCloskeys, who are known for defending themselves with firearms.

Quick Summary

St. Louis Circuit Attorney Kimberly Gardner was removed from the McCloskey case by Judge Thomas Clark. The judge cited her use of the defendants' names for fundraising, which created an appearance of impropriety and jeopardized their right to a fair trial. This ruling could lead to a special prosecutor being appointed, potentially impacting the future of the charges.

Chapters

  1. 00:06Introduction to Guns & Gadgets
  2. 00:17Recap of the McCloskey Case
  3. 01:03Kimberly Gardner's Role and Backing
  4. 01:40Judge Thomas Clark's Ruling
  5. 01:53Judge's Quote on Fundraising
  6. 02:30Potential Appeal and Special Prosecutor
  7. 02:45Governor's Pardon Promise
  8. 03:03Self-Defense Arguments
  9. 03:27Politicization of Cases
  10. 03:49Call to Action: Like and Subscribe

Frequently Asked Questions

Why was Kimberly Gardner removed from the McCloskey case?

Judge Thomas Clark removed St. Louis Circuit Attorney Kimberly Gardner from the McCloskey case because she used the defendants' names for fundraising. The judge ruled this created an appearance of impropriety and jeopardized the defendants' right to a fair trial, violating professional conduct rules.

What is the significance of Judge Clark's ruling in the McCloskey case?

The ruling means Kimberly Gardner is no longer prosecuting the McCloskey case. If the decision stands, a special prosecutor will be appointed, potentially leading to a re-evaluation of the charges against the McCloskeys, who defended themselves with firearms.

What are the legal justifications for the McCloskeys' actions?

The McCloskeys defended themselves with firearms, citing protections under the U.S. Constitution and the Missouri Constitution, specifically the 'Stand Your Ground' and 'Castle Doctrine' laws. These doctrines generally allow individuals to use force, including deadly force, to defend themselves in certain situations.

What is the potential outcome if a special prosecutor is appointed?

If a special prosecutor is assigned to the McCloskey case, there is a possibility they may decide the charges are not warranted, especially given the governor's promise to pardon the couple and the legal arguments for self-defense. This could lead to the dismissal of the case.

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