Month: September 2020

Federal Judge John Ross threw out Circuit Attorney Kim Gardner’s ludicrous federal lawsuit. As you may recall, it cited the 1871 Klu Klux Klan Act and alleged that she was the target of a racist conspiracy.

https://www.stltoday.com/news/local/crime-and-courts/federal-judge-dismisses-st-louis-prosecutors-lawsuit-alleging-racist-conspiracy-against-her/article_8c9dfbfa-6f20-5586-b902-a9c689fa2afc.html

Judge Ross ruled that “[h]er complaint is nothing more than a compilation of personal slights — none of which rise to a legal cause of action.” He pointed out that Gardner presented “no specific material facts, circumstantial or otherwise, to show that Defendants acted with each other for the purpose of depriving her — or anyone else — of a constitutional right to equal protection.”

Gardner’s lawyer, Roy Austin of Harris, Wiltshire & Grannis LLP, a silk-stocking, Washington, D.C. firm, responded:  “Nothing about today’s court ruling changes the underlying merit of this case.”

I actually agree with Mr. Harris on this one! Having your case thrown out for failing to cite a cause of action demonstrates that your claim has no legal merit. And, it was clear to everyone that had no legal merit when it was filed.

Last week a judge in the 22nd Judicial Circuit had an in-person court hearing with an assistant public defender from the Death Penalty Office, an assistant circuit attorney, and normal court staff in attendance. And, now it appears that this public defender was at that time positive for COVID although s/he remains asymptomatic.

The powers-that-be in the 22nd Judicial Circuit seem to be willfully ignoring a positive case in the court house so as to not change the Supreme Court “operating phase” of the Circuit (currently at phase 1). Moreover, they are trying to keep this thing quiet. This is not the first time this has occurred. The City’s philosophy apparently is not when in doubt play it safe and be transparent but rather “damn the torpedoes” and keep silent — try to push the operating phase forward and ignore the number of positive cases if you can get away with it.

For those of us who practice in the City, keeping us in the dark as to these sorts of things only makes it impossible for us to make intelligent and informed decisions about what actions we can safely take — for example, should I have that in-person preliminary hearing? Since I cannot trust the powers-that-be to take my best health interest into account in their decisions, I need this sort of information so that I can make that determination for myself.

Unfortunately, they are trying to keep us in the dark.

I haven’t updated this blog in a while because I’m still depressed over Kim Gardner’s re-election as the Circuit Attorney for the City of St. Louis. It’s my blog and I’ll sulk if I want to.

The latest news: Joanna Byrne is leaving the CAO to go into private practice at Klar, Izsak & Stenger.