Judge John Torbitzky ruled on Tuesday that Soros-funded Circuit Attorney Kim Gardner will be tried for willfully neglecting her duties.
Gardner came under attack last week after her office skipped out on another St. Louis shooting trial.
KSDK reported:
“What is required to prove willful neglect, therefore, is that the public official was aware of an official duty, yet made a conscious decision not to act in accordance with the duty,” Torbitsky wrote. “In other words, if a public official has refused to perform their official duties, then that official would be guilty of willful neglect whether their refusal to do so is the result of corruption, indifference or simply inattention.
“If, on the other hand, a public official is attempting to meet their duties, but does so poorly, then no willful neglect may be found.”
Bailey’s lawsuit to remove Gardner from office is known as a quo warranto petition. He must prove Gardner is willfully neglecting her duties.
Torbitzky determined the Attorney General’s Office’s arguments that Gardner willfully failed to prosecute cases, make charging decisions, keep victims informed and ensure defendants and victims receive speedy trials do fall within the quo warranto law.
“The facts alleged in the petition also permit the reasonable inference that (Gardner) was aware of occurrences in her office and yet took no action,” he wrote. “There is also reasonable inference that (Gardner’s) subordinates were acting at her direction or in accordance with her policies.
In February the Missouri Supreme Court appointed Judge John P. Torbitzky of the Eastern District of Missouri Court of Appeals to adjudicate the legal action by Missouri Attorney General Andrew Bailey to remove St. Louis circuit attorney Kim Gardner from her elected position as St. Louis Circuit Attorney.
The Soros-funded Circuit Attorney refuses to perform the duties of her position. The homicide rate and car thefts in St. Louis rival the numbers from any major city in a third-world country. Gardner refuses to prosecute criminals and releases dangerous criminals on the street. And at the same time, she throws out court cases because she says the police are racist.
The final straw was a horrific crime in February when repeat offender, 21-year-old Daniel Riley, who had been out on bail after violating his bond multiple times, struck teenager Janae Edmondson in a wreck. The young teen volleyball sensation lost both of her legs as she was walking from a volleyball tournament with her parents in downtown St. Louis. Janee had a scholarship to play volleyball in college. Daniel Riley had violated his bond over 100 times and yet was still roaming the streets of St. Louis.
Gardner is so disliked that St. Louis City judges asked the state Supreme Court to be excluded from deciding whether to keep Kim Gardner on as Circuit Attorney. This frees them up to testify against Kim Gardner in her case.
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Once again — Here is a more background on Kim Gardner.
In August 2018 Kim Gardner announced her attorneys will no longer accept cases from 28 different St. Louis City police officers. Gardner called it her “exclusion list” because they were racist.
Gardner did not tell the officers what they did to get on her list but they were being censored.
in 2019 Gardner refused to charge a drug dealer who was found with 1,000 opiate pills and 30,000 in cash because she didn’t like the cop involved.
And Gardner refused to charge the killer of a 7-year-old child despite a suspect’s confession in 2019.
Gardner lied about Governor Eric Greitens case, committed over 60 acts of misconduct in the case, and got away with it.
In 2020 Kim Gardner dropped the case against a suspect who shot another man in a traffic dispute in broad daylight.
In 2020 Kim Gardner also was caught on video lying about being harassed during a traffic stop!
Also in 2020 Kim Gardner released all of the rioters and looters from jail without charges in the violent St. Louis Black Lives Matter riots.
But this latest incidentin February was the last straw.