St. Louis Prosecutor Kim Gardner Can’t Prosecute Gun-Wielding Mark McCloskey, Judge Affirms

A Missouri Court of Appeals judge denied St. Louis prosecutor Kim Gardner’s appeal challenging the disqualification of her office from prosecuting Mark McCloskey.

The decision upholds Judge Thomas Clark II’s ruling from December that removed Gardner and her office from prosecuting the case after emails from Gardner showed she used the case for fundraising, according to KY3.

Friday’s ruling only applies to Mark, but attorneys for the couple are trying to have the decision also apply to Patricia McCloskey, according to the report.

Gardner is expected to appeal to the Missouri Supreme Court, according to KY3

Gardner referenced the McCloskeys in a series of campaign emails, with one email accusing President Donald Trump and Republican Gov. Mike Parson of “fighting for the two who pointed guns at citizens during the Black Lives Matter protests,” according to KSDK.

One of the emails was sent 48 hours after she announced she would bring charges against the couple. Emails were sent between July 17 and July 23, according to the report. During that time she reportedly raked in more than $17,000.

The couple’s attorney, Joel Schwartz, argued that the emails jeopardized their right to a fair trial, KSDK reported.