


Judge John Torbitzky of the Missouri Court of Appeals' Eastern District issued several orders in the case of Kimberly Gardner, forcing the embattled attorney to turn over records relating to her work as a nurse.
The St. Louis Circuit Attorney was accused in February by Republican Missouri Attorney General Andrew Bailey of neglecting her duties. He filed a writ of quo warranto, seeking action allowing him to remove a prosecutor under state law. The attorney general accused Gardner of failing to perform her job successfully by taking nursing classes at St. Louis University’s School of Nursing.
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“If the Circuit Attorney wants to be a nurse, she needs to cease pretending to be a prosecuting attorney,” Bailey said Wednesday.
Bailey filed two subpoenas on Tuesday to access all records regarding Gardner’s nursing schedule and the clinical work she did in the program.
At a press conference on Wednesday, William ‘Bill’ Corgan, the deputy attorney general of the state of Missouri, said Torbitzky noted prosecutors are entitled to 90% of the documents they asked for.
“Relator provides numerous instances in which Respondent has failed to meet a duty and asserts that these examples demonstrate a pattern and practice of Respondent's willful failure to act contrary to a known duty,” Torbitzky’s opinion reads.
Torbitzky said that among Gardner’s failed duties are prosecuting cases, making charging decisions, keeping victims informed, and ensuring defendants and victims receive a speedy trial.
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"The number of alleged incidents and cases impacted, particularly when considering all of the allegations in each of these Counts together, and in combination with the allegations that the examples are part of a pattern and practice of conduct, gives rise to a reasonable inference that Respondent has intentionally failed to act contrary to a known duty," Torbitzky wrote.
Torbitzky denied Gardner’s motion to dismiss her case, which her lawyers filed earlier this month. The trial is scheduled for late September.