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Under the legislation, the governor would be able to appoint a special prosecutor for a period of up to five years in jurisdictions where homicide cases exceed a certain rate. Currently, only St. Louis falls under that requirement.
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Missouri Appeals Court Judge John Torbitzky will fill in as a Circuit Court judge since all of the judges who oversee the City of St. Louis recused themselves from the case.
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Andrew Bailey said Wednesday he would take such a step if Kim Gardner did not resign as St. Louis Circuit Attorney by noon Thursday. She did not resign and and called Bailey’s action politically motivated.
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Missouri Attorney General Andrew Bailey says if St. Louis Circuit Attorney Kim Gardner does not step down by noon Thursday, he will use a provision of state law to try to force her from office.
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Daniel Riley, 21, was out on bond in an armed robbery case when he ran a stop sign and caused a crash that critically injured a teenage volleyball player, according to police. He had violated bond several times, but St. Louis Circuit Attorney Kim Gardner’s office never attempted to revoke it and put him in jail.
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Lamar Johnson isn’t eligible for state restitution because DNA evidence wasn’t used to overturn his murder conviction.
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The legislation allows for the governor to appoint a special prosecutor for a period of up to five years if the rate of homicides in any jurisdiction exceeds 35 cases per every 100,000 people.
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Proposal targeting St. Louis Circuit Attorney Kim Gardner will be expanded to allow takeover by governor’s order anywhere in the state with violent crime rates.
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A 2021 state law allows prosecutors to correct wrongful convictions, gives power to attorney general to intervene.
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Court decision marks the final step in four-year ethics probe into St. Louis circuit attorney’s actions during the investigation of former Gov. Eric Greitens.