It never rains but it pours. Just as one judge has ruled that she has to be tried for intentionally committing contempt of court by missing two court dates for the same suspect, but now she has to go to court for willful dereliction of duty.
This is the biggie because if she is found guilty, she will lose her office. There is little doubt that Kim Gardner could not run a Cathouse on a naval base, but to be found guilty they must prove her dereliction of duty is intentional.
I don’t think that will be a problem considering all the things she has done since taking office as the St Louis DA. She has barred 28 police officers from bringing charges against criminals, saying without proof that they are racists.
Dropped all charges against BLM members for rioting and looting in St. Louis. Dropped the charges against a man who shot another driver in a road rage incident. Dropped murder charges against a man after he confessed to the crime.
“What is required to prove willful neglect, therefore, is that the public official was aware of an official duty, yet made a conscious decision not to act in accordance with the duty,” Torbitsky wrote.
“In other words, if a public official has refused to perform their official duties, then that official would be guilty of willful neglect whether their refusal to do so is the result of corruption, indifference or simply inattention.
“If, on the other hand, a public official is attempting to meet their duties, but does so poorly, then no willful neglect may be found.”
Bailey’s lawsuit to remove Gardner from office is known as a quo warranto petition. He must prove Gardner is willfully neglecting her duties.
Torbitzky determined the Attorney General’s Office’s arguments that Gardner willfully failed to prosecute cases, make charging decisions, keep victims informed, and ensure defendants and victims receive speedy trials do fall within the quo warranto law.
“The facts alleged in the petition also permit the reasonable inference that (Gardner) was aware of occurrences in her office and yet took no action,” he wrote. “There is also reasonable inference that (Gardner’s) subordinates were acting at her direction or in accordance with her policies.
In February the Missouri Supreme Court appointed Judge John P. Torbitzky of the Eastern District of Missouri Court of Appeals to adjudicate the legal action by Missouri Attorney General Andrew Bailey to remove St. Louis circuit attorney Kim Gardner from her elected position as St. Louis Circuit Attorney.
The Soros-funded Circuit Attorney refuses to perform the duties of her position. The homicide rate and car thefts in St. Louis rival the numbers from any major city in a third-world country. Gardner refuses to prosecute criminals and releases dangerous criminals on the street. And at the same time, she throws out court cases because she says the police are racist.
The final straw was a horrific crime in February when repeat offender, 21-year-old Daniel Riley, who had been out on bail after violating his bond multiple times, struck teenager Janae Edmondson in a wreck. The young teen volleyball sensation lost both of her legs as she was walking from a volleyball tournament with her parents in downtown St. Louis. Janee had a scholarship to play volleyball in college. Daniel Riley had violated his bond over 100 times and yet was still roaming the streets of St. Louis.