St. Louis Circuit Attorney Kim Gardner must resign immediately. At a hearing last week, allegations arose that Gardner suborned purjury and deliberately withheld exculpatory evidence in the bogus prosecution of Governor Eric Greitens. All of this comes after continuing allegations that Circuit Attorney Gardner has abused her position. She has allegedly used her office as a mini-inquisition: a punitive, partisan, and personal war against Governor Greitens. Rather than use St. Louis City Police to investigate the case and inform her decision to charge Greitens, she hired an out of state, disgraced former FBI agent (whose career ended amid allegations of perjury).
According to attorney sources, Even if the St. Louis Circuit Court refuses to sanction Gardner, she could still face suit by Greitens once his criminal case is over. Notably, prosecutors do not enjoy immunity from civil suit when they manufacture evidence and maliciously prosecute a defendant. Gardner’s outrageous and disgraceful abuse of the judicial system is absolutely unacceptable. She must resign immediately or be removed from her office.
Gardner took money from a Soros-backed PAC during the election.
Hearing Seeking Sanctions Against Gardner
A hearing was held Thursday, April 12, 2018 in the City of St. Louis – less than 24 hours after the Special Investigative Committee on Oversight released a report that alleged the Governor sexually and physically assaulted his former lover, K.S. The Governor was unable to defend himself before the Committee because of his pending criminal trial and a court order restricting the release of information obtained in discovery.
The hearing addressed the Governor’s motion for sanctions against Circuit Attorney, Kimberly M. Gardner, for failing to provide exculpatory discovery and suborning perjury by lead investigator William Tisaby. Sanctions could include dismissal of the case. Interestingly, the St. Louis Circuit Court issued a gag order to the defense and prosecution the day before the sanctions hearing. Given the shocking allegations of misconduct against Gardner, we now know why.
Circuit Attorney Kim Gardner hid a video that she knew directly contradicted allegations in the House report, and she allowed her lead investigator to lie about it, under oath. pic.twitter.com/PSKGWAFe9i
— Eric Greitens (@EricGreitens) April 12, 2018
Possible Suborning Perjury and Withholding Exculpatory Evidence
The question of perjury stems from the deposition of William Tisaby, CEO of Enterra, LLC. Gardner chose not to have the St. Louis Police Department investigate the allegations against the Governor and hired Enterra. Tisaby, a former FBI agent, saw his career with the FBI end when it was determined that he had committed perjury.
Tisaby was deposed by the defense, in Gardner’s presence, on March 19. Tisaby testified that there was a taped interview with K.S., that occurred on January 29, but that the video recorder malfunctioned.
Within days of the defense filing a motion to require the prosecution to turn over the video recorder that allegedly malfunctioned, the prosecution discovered that the video existed, except there was no audio for about the first twenty minutes. According to Gardner, she first learned that the tape was working on April 9, when depositions were in progress, and knowing that the Committee report was scheduled to be released in 48 hours. Gardner said, she did not review the video until Tuesday.
Later in the hearing, when Gardner rose to “clarify” that “the tape did not work.” Judge Burlison, in an extraordinary act, interrupted Gardner, an officer of the court, and said: “Ms. Gardner, I’m going to make sure that you understand on the record that I am going to take everything that is said here as a sworn statement. Do you understand that?” Judge Burlison appears to have serious doubts about Gardner’s credibility.
The video was turned over to the defense on Wednesday about hour after the Committee report was released. When Judge Rex Burlison asked about the delay, Chief Trial Attorney, Robert Dierker responded, “I confess I can’t answer that, your Honor.”
According to the defense, the video proves that there were additional perjured statements by Tisaby.
Tisaby testified that he did not take notes during the interview with K.S. The video, however, clearly shows Tisaby taking notes – 11 pages of notes. Even more troubling is that Tisaby wrote his notes on Gardner’s notes that she had taken in an interview of K.S. on January 24. The prosecution previously denied both sets of notes existed. Tisaby testified that he had not read the transcript of the audio recording, K.S.’ now ex-husband, P.S. secretly made of K.S. confessing the affair. Yet, there is Tisaby with the transcript of the audio recording. Tisaby testified that he did not ask K.S. any questions. The video shows Tisaby asking K.S. questions, including questions that were provided to him by Gardner.
The defense was previously provided a memorandum allegedly prepared by Tisaby of his interview with K.S. The memorandum however is largely plagiarized from Gardner’s notes from her interview of K.S. on January 24. Statements Tisaby claims were made in the interview do not appear in the video. For example, K.S. supposedly said that the Governor made her completely undress and change clothes while she was shaking and nervous. That statement comes from Gardner’s notes. The video shows K.S. made no such statement. K.S. admitted on the tape that she used FaceTime with the Governor and appeared, at least, partially nude. However, Gardner and Tisaby made it appear that the Governor was trying to coax K.S. to FaceTime him nude and she refused. The defense says, that the video destroys the credibility of both K.S. and the prosecution.
In a subsequent deposition with the defense, K.S. (and her Attorney Scott Simpson) endorsed the false statement that the video recorder malfunctioned during K.S.’ January 29 interview. K.S. was uncertain whether Tisaby took notes during the interview. K.S. further testified that Tisaby’s interview was more of a narrative, but, according to the defense, the video contradicts that statement.
Judge Burlison said, he will not rule on the motion this weekend. Attorneys are due back in court Monday morning, April 16th.
War of words between St. Louis police chief and circuit attorney Kim Gardner had said she asked for Chief John Hayden’s help in the investigation and that he directed her to the FBI for help.
Hayden said he was never asked to help with the Greitens case and that he never turned the circuit attorney down.
Chief Hayden said Gardner did call him but said she talked to him about a hypothetical case. He said she didn’t identify a victim and didn’t identify the governor as a person of interest.
Circuit Attorney Gardner is a disgrace to her profession and should resign immediately.