I was wrong about the photo on the Kim Gardner ad showing her marching in a protest being photo-shopped (see “False Narrative” below). I had several persons provide me with similar photos by David Carson of the St. Louis Post-Dispatch from the same protest so that I can say with absolute certainty that Ms. Gardner did participate in the “Pride is Canceled” march on June 5, 2020. The photo may have been manipulated or edited, but clearly she was there.
I have never doubted Ms. Gardner’s commitment to social justice. I believe that she genuinely feels strongly about justice reforms, about wanting to make systemic changes at the root-cause level of criminal behavior, etc. I, as a criminal defense attorney, support many of the changes Ms. Gardner wants to bring about.
Unfortunately, however, she is simply incompetent for the job of Circuit Attorney and as such won’t be able to bring about those very changes. She doesn’t have the skill set necessary to do the job. Having lofty ideals is one thing; being able to actually produce results is another. And, as the St. Louis Post-Dispatch said in its endorsement of Mary Pat Carl for Circuit Attorney, Ms. Gardner “has made a mess of about everything she’s touched.”
She claims, however, to have produced results.
These claims all sound impressive — except the claim about her diversion program we will discuss below — but are generally either untrue or misrepresented.
The CAO does not have a 97% “conviction rate.” Conviction rate is the number of total convictions divided by the total number of cases charged. What Ms. Gardner is using is total convictions divided by the total number of pleas of guilty and trials. Ms. Gardner’s approach leaves out the very large number of cases her office has dismissed prior to going to a plea or trial — numbers counted in the true definition of “conviction rate.”
While she may have “established” a Police Liaison position in her office, it’s been completely ineffectual. Other law enforcement agencies and government officials aren’t cooperating with her. That’s a huge problem.
It is true that her office may have “helped”reduce jail populations, but the brunt of that reduction comes from the new Missouri Supreme Court bond guidelines enacted last year that curtailed cash bonds. Most would have been released without Ms. Gardner’s “help.” And, while “overall crime” may be slightly down, violent crime is skyrocketing under Ms. Gardner’s watch.
Her “Conviction Integrity Unit” has floundered. It has produced only one case, that of convicted murderer Lamar Johnson, whose conviction she has sought to have overturned. Her request was denied in the Circuit Court, and then she lost again in the Court of Appeals. Mr. Johnson remains in prison serving his life sentence.
My favorite of her listed accomplishments is that she claims, “Less that 1% of completed misdemeanor and felony diversion participants have not been charged with additional crimes.” Yes, you read that right. In other words, 99% of the participants have been charged again! Clearly that’s not what she meant in this ad, but that is what it says. What Ms. Gardner doesn’t say in the ad is that the diversion program was founded not by her but by the previous Circuit Attorney, Jennifer Joyce.
I will give her all the credit for her decision to not have her office charge possession of marijuana cases that involve less than 100 grams.
These are her own self-determined social justice accomplishments in the four years she has been Circuit Attorney. Just taking into consideration her own list of accomplishments, how do you think she has been doing?
Now, weigh those against the rest of her performance as Circuit Attorney — as chronicled in this blog and in the news — which can only be described as a total disaster.
It’s five days until the election. God save us.