ST. LOUIS, MISSOURI (KMOX) - Circuit Judge David Mason has turned down a request by the attorney for Mark and Patricia McCloskey to send their case back to a grand jury. The St. Louis couple indicted for brandishing guns at protestors outside their Central West End home last summer wanted a new grand jury look at whether they should still face felony charges, saying Circuit Attorney Kim Gardner and her office were biased against them.
Judge Mason said attorney Joel Schwartz' arguments about bias made an lot of assumptions about the motivation for pressing the charges. He then "penciled in" a court date of November 1, 2021 for their trial to begin on unlawful use of a weapon and tampering with evidence.
The McCloskeys have already won one major concession; having Circuit Attorney Gardner and her office disqualified from the case after she used their images in reelection campaign materials. A special prosecutor has been appointed, and Schwartz argued it should be that person - former judge and U.S. Attorney Richard Callahan - who should decide if he wants to return the case to a grand jury.
The move to continue towards a trial comes after Mark McCloskey said he's considering a run for the U.S. Senate seat Sen. Roy Blunt is retiring from next year.
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