Hours before facing another hearing exploring her official conduct, a Missouri prosecutor suddenly left office on May 16 instead of waiting until June 1.
That announcement came shortly before a court hearing in Missouri Attorney General Andrew Bailey’s attempt to persuade a judge to oust her from office. Bailey continued that battle despite Gardner’s resignation announcement earlier this month.
His reasoning: “While Gardner has announced her intention to resign on June 1, 2023, she has not yet resigned,” Bailey said in a May 15 court filing. He added that Gardner had left open the potential to change her mind and remain in office beyond the stated departure date.
Visiting Judge Thomas Chapman briefly convened a hearing in the Bailey-Gardner case on May 16; both sides agreed to put all related matters on hold for a week. Deputy Attorney General William Corrigan said it was likely that the case would become moot because of Gardner’s decision to vacate her post right away.
However, he said the situation was “unprecedented” because Gardner’s immediate departure left the city without a prosecutor.
Bailey’s office was informed of Gardner’s decision to leave the office less than two hours before the hearing. The situation was “very evolving and fluid,” Corrigan said during a live broadcast of the hearing on KSDK-TV in St. Louis.
Replacement Sought
Prior to Gardner’s departure, Gov. Mike Parson received 18 applications from people interested in fulfilling the circuit attorney’s role, KSDK reported.No further comment would be made “until the transition is firmly in place and discussed with the courts,” a tweet from her office said.
That is just one of many issues that Gardner’s successor will handle.
Bailey has stated that Gardner’s office has been understaffed and demoralized for some time. While he blames her for a failure of leadership, Gardner has complained that her office was underfunded in an attempt to sabotage her.
In her resignation letter, Gardner said she had the citizens’ best interests at heart.
“Unfortunately, since the time I took office, as the first black female prosecutor in the state, people outside of the city have targeted me and, to advance their goals, have also targeted the fundamental rights of the city’s voters,” she wrote.
Gardner said she was the victim of “a coordinated, long-standing strategy to undermine me and my efforts to make the City of St. Louis safer and fairer.”
Other Activity Scrutinized
Meanwhile, court records also reveal that Gardner, whose duties require full-time work under the law, had been enrolled in nursing classes since 2021. Bailey took issue with that.On April 27, when Gardner faced a contempt-of-court hearing for her office’s failure to show up for a criminal case, Gardner was inside the Family Care Health Center in St. Louis. Instead of attending the contempt hearing, Gardner sent her lawyer, Michael Downey, and a representative from her office.
An investigator from Bailey’s office reported seeing a city-owned vehicle, issued to Gardner, parked at the center, court records show. The investigator witnessed her getting into the car and driving away.
It was unclear whether Gardner’s immediate departure from office would affect that case. It’s also unknown whether Gardner could face any additional action relating to her nursing coursework. The Epoch Times has requested clarification from Bailey’s office.
Gardner’s office earlier this month issued a statement defending her nursing activities. The statement said she became a registered nurse before becoming a prosecutor in 2017 because criminal justice and health care issues can intertwine.
Origin of Controversy
Gardner first came under fire in February after a visiting teen athlete, Janae Edmondson, suffered the loss of both legs. An alleged probation violator is accused of causing the crash that injured her.That case sparked community outrage and served as the impetus for Bailey to seek Gardner’s ouster.
Gardner, a Democrat, alleged that Bailey, a Republican, was targeting her as a political stunt. Bailey retorted that he must protect the public from alleged “willful neglect” of Gardner’s prosecutorial duties.
He asserts that Janae’s case was an example of the prosecutor shirking her responsibilities; he said the driver who hit Janae would never have been behind the wheel if Gardner had done her job and gotten him locked up.
But Gardner retorted that courts either ignored or turned down her office’s attempts to crack down on the motorist’s alleged probation violations.
After a two-week hospital stay, Janae returned to her home in Smyrna, Tenn., to continue her recovery and rehabilitation.
According to her GoFundMe.com page, Janae graduated from high school on May 13; more than $810,000 has been raised to cover medical and related costs, about $90,000 short of the fundraising goal.