For some time now, a long list of powerful local and state politicians have tried to have St. Louis Circuit Attorney Kim Gardner removed from office or have her law license suspended or revoked.
They have relentlessly undermined her office’s crucial work in the majority Black city by underfunding her budget and attacking her effort to reverse the wrongful conviction of Lamar Johnson, who served almost 30 years for a crime he did not commit.
Just weeks ago, Republican legislators introduced legislation, originally limited to St. Louis, but now broadened to potentially affect Kansas City, removing the ability of the Circuit Attorney ‘s office to prosecute certain kinds of cases. It would allow the state Attorney General to send in his own prosecutors to handle the cases. More recently, politicians have seized on a very tragic accident to bolster their case that Gardner should be removed from office.
On February 18, 2023, Daniel Riley, out of jail on bond and allegedly having a number of bond violations, was driving in downtown St. Louis when he crashed into 17-year-old Tennessee teenager, Janae Edmondson, requiring the amputation of both of the teen’s legs. Exploiting this family’s tragedy, Gov. Mike Parson, and newly hand-picked Attorney General Andrew Bailey, have used a horrific accident to inaccurately impute responsibility for the accident to Kim Gardner and remove her from office.
Gardner’s office tried to revoke Riley’s bond prior to this tragic accident, but the judge assigned to his case, Judge Bryan Hettenbach, denied the motion. Riley’s defense counsel, Terence Niehoff, an outspoken critic of Circuit Attorney Gardner has publicly complained that only one media outlet contacted him for any of the facts.
He also states that nothing that happened in the Riley case was inconsistent with the protocols in other jurisdictions. More importantly, he states that Gardner’s office did nothing wrong in this case.
Undeterred, Bailey, has taken the tragic injury of a teenage girl and laid complete responsibility at the feet of Gardner. Bailey was appointed by Parson just over a month ago. Appellate Judge John Torbitzky, appointed to the Missouri Court of Appeals by Parson less than two years ago, has been assigned to hear the case.
The powers that be are now attempting to use a very grim tragedy to force Gardner‘s ouster, clearing the way for the Governor to appoint a Prosecutor, not elected by St. Louisans, to the St Louis City Circuit Attorney’s office.
The citizens of St. Louis should understand that if the Attorney General prevails, the twice elected Democratic Circuit Attorney will be removed by a Republican governor and replaced by the governor’s appointed prosecutor.
The people TWICE elected Gardner. If she is to be removed, it should be by the will of the people and not the will of her political detractors.
This commentary was submitted by: Ruby Bonner, Attorney at Law; Anne Marie Clarke, retired Family Court Commissioner; Christi Griffin, Founder and President, The Ethics Project; Pamela Meanes, Attorney at Law and Past President of The National Bar Association; Kimberly Norwood, Henry H. Oberschelp Professor of Law Washington University, School of Law; and Dorothy White Coleman, Attorney at Law.
