St. Louis judge removes Gardner from investigation involving her - KMOV.com

St. Louis judge removes Gardner from investigation involving her office

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In this photo made Friday, May 5, 2017, St. Louis Circuit Attorney Kim Gardner poses for a photo in St. Louis. (AP Photo/Jeff Roberson) In this photo made Friday, May 5, 2017, St. Louis Circuit Attorney Kim Gardner poses for a photo in St. Louis. (AP Photo/Jeff Roberson)
Gerard Carmody. Gerard Carmody.

A St. Louis city judge has agreed to remove St. Louis Circuit Attorney from an investigation involving her office.  

Judge Michael Mullen has appointed Gerard Carmody of the Carmody MacDonald firm as the special prosecutor in the case. 

St. Louis police asked Judge Mullen to remove Circuit Attorney Kim Gardner from the case, indicating they believe she has a conflict of interest. 

In May, police opened an investigation into William Tisaby, a private investigator hired by the Circuit Attorney’s Office to work on the invasion of privacy case against former Missouri Governor Eric Greitens.

Throughout the course of the case, Greitens’ defense team accused Tisaby of perjury and alleged that Gardner had committed misconduct. 

Gardner dismissed the invasion of privacy charge in the midst of jury selection for the trial, when it became clear she would have to provide testimony in the case. 

Attorneys for St. Louis police now say they would like to seek investigative subpoenas in the case, but feel that they need a separate, independent prosecutor on the case. 

The Circuit Attorney’s Office hired Joseph Bednar, a local attorney, to represent them in the matter of whether or not there should be a special prosecutor on the investigation.

Bednar argued to Judge Mullen Wednesday that there was no demonstrated need for a special prosecutor.

A spokesperson told News 4 Bednar had been hired for $10,000.

“We have rightly so sought an outside independent legal analysis to ensure the decisions we make are in the best interest of the public,” a spokesperson wrote in a statement earlier this week.

“We believe the request for a Special Prosecutor for the inquiry into allegations against William Tisaby are without merit,” the statement reads. “We strongly believe this investigation is nothing more than a political maneuver, based on pre-trial gamesmanship by defense counsel, by those who objected to us holding a public official accountable.”

Carmody later released the following statement:

I am honored to be selected as Special Prosecutor by Presiding Judge Michael Mullen to conduct the investigation into allegations of perjury associated with the prosecution of the Eric Greitens criminal case.

I am fortunate to have several experienced prosecutors in our Firm who will be able to assist in the investigation.

I look forward to serving the public in this capacity and bringing this matter to a proper conclusion.

Gardner's office says she plans to appeal:

The Circuit Attorney appreciates the Court’s expeditious decision, and she will appeal on the legal merits of the matter.

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