St. Louis, MO – A judge sets a tentative trial date for the fall for the case that seeks to remove St. Louis Circuit Attorney Kim Gardner from office.
Gardner did not speak in court Tuesday. Her lawyers did all the talking, asking the judge to dismiss the case. "This is an attack on the democratic process by someone who was never elected."
Gardner's lawyers say there's no evidence of "willful neglect" of her duties needed to remove her from office. The Attorney General's side presenting the argument, Gardner's pattern amounts to willful neglect of duty. "Everybody is watching us today, not only in this community but beyond. And it's in everyone's interest to resolve this one way or an another as expeditiously as possible."
In considering a motion to dismiss the case, Judge John Torbitzky seemed to consider whether shortcomings are accidental or on purpose. "Why is there an inference to be made from the petition that this was intentional dereliction of duty as opposed to just the way Ms. Gardner decided to exercise her prosecutorial discretion?"
September 25th is set as the tentative trial date.