St louis DA's Office Caught Altering Evidence Against McCloskeys

[JimBowie1958]

Yeah, who is suprised by this kind of partisan cheating from Dims?

Zerohedge

ZeroHedge - On a long enough timeline, the survival rate for everyone drops to zero

www.zerohedge.com

The pistol Patricia McCloskey waved at protesters who broke down a gate to trespass on their private street was a non-operable 'prop' used during a lawsuit they were involved in, so a member of Circuit Attorney Kim Gardner's staff ordered the crime lab to disassemble and reassemble the gun - allowing them to classify it as "capable of lethal use" in charging documents filed Monday, according to KSDK5. ​

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In Missouri, police and prosecutors must prove that a weapon is “readily” capable of lethal use when it is used in the type of crime with which the McCloskeys have been charged.​

Assistant Circuit Attorney Chris Hinckley ordered crime lab staff members to field strip the handgun and found it had been assembled incorrectly. Specifically, the firing pin spring was put in front of the firing pin, which was backward, and made the gun incapable of firing, according to documents obtained by 5 On Your Side.​

Firearms experts then put the gun back together in the correct order and test-fired it, finding that it worked, according to the documents. -KSDK5​

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According to the report, crime lab workers photographed the disassembly and reassembly of the pistol.​

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The McCloskeys attorney, Joel Schwartz, told KSDK that the St. Louis couple intentionally misplaced the firing pin on the gun, rendering it inoperable. They turned the pistol in to their former attorney Al Watkins following the incident last month.​

 

[miketx]

Classic democrat scum.

 

[task0778]

Wow, the lengths that the Left will go to convict an innocent person is stunning. I would think somebody has broken the law here, no? Is it legal to alter evidence like that?

 

[Polishprince]

Tampering with evidence in an attempt to deprive a suspect of their civil rights? Sounds like a Federal Crime.

Time to pick up the St. Louis DA and run her in.

 

[Bootney Lee Farnsworth]

Yeah, who is suprised by this kind of partisan cheating from Dims?

Zerohedge

ZeroHedge - On a long enough timeline, the survival rate for everyone drops to zero

www.zerohedge.com

The pistol Patricia McCloskey waved at protesters who broke down a gate to trespass on their private street was a non-operable 'prop' used during a lawsuit they were involved in, so a member of Circuit Attorney Kim Gardner's staff ordered the crime lab to disassemble and reassemble the gun - allowing them to classify it as "capable of lethal use" in charging documents filed Monday, according to KSDK5. ​

​

​

In Missouri, police and prosecutors must prove that a weapon is “readily” capable of lethal use when it is used in the type of crime with which the McCloskeys have been charged.​

Assistant Circuit Attorney Chris Hinckley ordered crime lab staff members to field strip the handgun and found it had been assembled incorrectly. Specifically, the firing pin spring was put in front of the firing pin, which was backward, and made the gun incapable of firing, according to documents obtained by 5 On Your Side.​

Firearms experts then put the gun back together in the correct order and test-fired it, finding that it worked, according to the documents. -KSDK5​

​

​

According to the report, crime lab workers photographed the disassembly and reassembly of the pistol.​

​

The McCloskeys attorney, Joel Schwartz, told KSDK that the St. Louis couple intentionally misplaced the firing pin on the gun, rendering it inoperable. They turned the pistol in to their former attorney Al Watkins following the incident last month.​

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Such prosecutorial misconduct should be SEVERELY punished, including, but not limited to, permanent disbarment and felony prosecution with a minimum of 5 years imprisonment. We CANNOT tolerate that shit.

This idiot operates entirely contrary to the purpose and mission of a prosecutor.

Texas takes this shit seriously:
https://www.legalethicstexas.com/Et...3-09-Special-Responsibilities-of-a-ProsecutorSpecifically:
1. A prosecutor has the responsibility to see that justice is done, and not simply to be an advocate.

That means ALSO protecting the rights of the accused.

 

[Mac-7]

Tampering with evidence in an attempt to deprive a suspect of their civil rights? Sounds like a Federal Crime.

I think so too.

 

[Dick Foster]

Tampering with evidence in an attempt to deprive a suspect of their civil rights? Sounds like a Federal Crime.

Time to pick up the St. Louis DA and run her in.

Hell it's been time to run half of that damn party in for quite some time already. A bunch of em should be sitting in a cell in Leavenworth right now.

 

[Death-Ninja]

If this is accurate, then the McCloskey's just got a little richer...

 

[colfax_m]

Correct me if I’m wrong but it looks like the facts of the operation of the gun and what they did to it were accurately disclosed to the court. If that’s the case, what’s the problem?

 

[SassyIrishLass]

If true the DA just lost....not like they were going to win anyway

 

[22lcidw]

Sue the hell out of the city. Lawsuits out the wazoo! It is difficult to trust people with politically based authoritarian powers who can not keep their own under control.

 

[harmonica]

..Gardner did the same crap with Greitens ..she refuses to prosecute a lot of the cases that cops work for
UNDENIABLE she is a white/cop hater !!!!!

 

[2aguy]

So....the gun the wife used when the violent, democrat party terrorists, antifa and black lives matter entered the private property in St. Louis did not function...was completely inoperable. So.....that little hiccup to the prosecution of the wife of the St. Louis couple got fixed.....the democrat party circuit attorney had her minions make the gun operable.........tampering with the evidence in her fake case against the couple...

Anyone who touched that gun, and repaired it should be facing jail time....

Finally, there is a fundamental problem with the prosecution of Patricia McCloskey. The gun she held apparently was inoperable. Reportedly, the firing pin spring was in front of the firing pin, so that the gun could not be fired. The McCloskeys say they had rendered the gun inoperable when they used it as a prop during litigation. They didn’t want to bring a functioning gun into the courthouse.

What did Kim Gardner and her team do upon learning that the gun they seized couldn’t fire? Documents obtained by a local media outlet show that they had the gun assembled in the correct order. Then, they tested the gun and found that it worked.

In other words, they tampered with the evidence.

According to the local media outlet, in Missouri the gun crime with which Patricia McCloskey is charged requires that the weapon in question be “readily” capable of lethal use at the time in question. When she brandished her weapon to ward off the mob, it was not readily capable of being put to lethal use. It did not become capable of this until the prosecutor had gun experts reassemble the weapon.

Yet, Gardner’s office reportedly represented to the court that the gun was “readily capable of lethal use.”

This is the version of justice that George Soros seeks to spread nationwide by funding incompetent radical leftist prosecutors like Kim Gardner. You can oppose this effort by contributing to Gardner’s opponent, Mary Pat Carl, here.

Report: Patricia McCloskey's gun was inoperable

Kim Gardner, the odious and incompetent St. Louis prosecutor, has filed charges against the McCloskeys, the couple that brandished firearms to deter a mob that had trespassed onto their property and, they say, threatened them. There are a number of problems with this prosecution. One is the...

www.powerlineblog.com

 

[Obiwan]

2013 Missouri Revised Statutes :: TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS :: Chapter 575 Offenses Against the Administration of Justice :: Section 575.100 Tampering with physical evidence.

law.justia.com

.

Universal Citation: MO Rev Stat § 575.100 (2013)

Tampering with physical evidence.

575.100. 1. A person commits the crime of tampering with physical evidence if he:

(1) Alters, destroys, suppresses or conceals any record, document or thing with purpose to impair its verity, legibility or availability in any official proceeding or investigation; or

(2) Makes, presents or uses any record, document or thing knowing it to be false with purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation.

2. Tampering with physical evidence is a class D felony if the actor impairs or obstructs the prosecution or defense of a felony; otherwise, tampering with physical evidence is a class A misdemeanor.

(L. 1977 S.B. 60)

Effective 1-1-79

 

[Darkwind]

The larger issue here, though this one is a way to highlight the prosecutorial misconduct of this DA, is the fact that Missouri has a law that prevents people from protecting their property with lethal force.

I'm hoping that the NRA takes this up against this state and this prosecutor all the way to the SCOTUS.

 

[Bush92]

2013 Missouri Revised Statutes :: TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS :: Chapter 575 Offenses Against the Administration of Justice :: Section 575.100 Tampering with physical evidence.

law.justia.com

.

Universal Citation: MO Rev Stat § 575.100 (2013)

Tampering with physical evidence.

575.100. 1. A person commits the crime of tampering with physical evidence if he:

(1) Alters, destroys, suppresses or conceals any record, document or thing with purpose to impair its verity, legibility or availability in any official proceeding or investigation; or

(2) Makes, presents or uses any record, document or thing knowing it to be false with purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation.

2. Tampering with physical evidence is a class D felony if the actor impairs or obstructs the prosecution or defense of a felony; otherwise, tampering with physical evidence is a class A misdemeanor.

(L. 1977 S.B. 60)

Effective 1-1-79

They need to go to jail and lose their license to practice law.

 

[wamose]

2013 Missouri Revised Statutes :: TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS :: Chapter 575 Offenses Against the Administration of Justice :: Section 575.100 Tampering with physical evidence.

law.justia.com

.

Universal Citation: MO Rev Stat § 575.100 (2013)

Tampering with physical evidence.

575.100. 1. A person commits the crime of tampering with physical evidence if he:

(1) Alters, destroys, suppresses or conceals any record, document or thing with purpose to impair its verity, legibility or availability in any official proceeding or investigation; or

(2) Makes, presents or uses any record, document or thing knowing it to be false with purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation.

2. Tampering with physical evidence is a class D felony if the actor impairs or obstructs the prosecution or defense of a felony; otherwise, tampering with physical evidence is a class A misdemeanor.

(L. 1977 S.B. 60)

Effective 1-1-79

That sounds a lot like what Obama's FBI and DOJ did when they tried to overthrow President Trump.

 

[colfax_m]

2013 Missouri Revised Statutes :: TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS :: Chapter 575 Offenses Against the Administration of Justice :: Section 575.100 Tampering with physical evidence.

law.justia.com

.

Universal Citation: MO Rev Stat § 575.100 (2013)

Tampering with physical evidence.

575.100. 1. A person commits the crime of tampering with physical evidence if he:

(1) Alters, destroys, suppresses or conceals any record, document or thing with purpose to impair its verity, legibility or availability in any official proceeding or investigation; or

(2) Makes, presents or uses any record, document or thing knowing it to be false with purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation.

2. Tampering with physical evidence is a class D felony if the actor impairs or obstructs the prosecution or defense of a felony; otherwise, tampering with physical evidence is a class A misdemeanor.

(L. 1977 S.B. 60)

Effective 1-1-79

They need to go to jail and lose their license to practice law.

But they didn’t tamper with evidence. Everything that was done with the firearm was documented and submitted to the court. Therefore it could not be considered false or misleading.

 

[Obiwan]

2013 Missouri Revised Statutes :: TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS :: Chapter 575 Offenses Against the Administration of Justice :: Section 575.100 Tampering with physical evidence.

law.justia.com

.

Universal Citation: MO Rev Stat § 575.100 (2013)

Tampering with physical evidence.

575.100. 1. A person commits the crime of tampering with physical evidence if he:

(1) Alters, destroys, suppresses or conceals any record, document or thing with purpose to impair its verity, legibility or availability in any official proceeding or investigation; or

(2) Makes, presents or uses any record, document or thing knowing it to be false with purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation.

2. Tampering with physical evidence is a class D felony if the actor impairs or obstructs the prosecution or defense of a felony; otherwise, tampering with physical evidence is a class A misdemeanor.

(L. 1977 S.B. 60)

Effective 1-1-79

They need to go to jail and lose their license to practice law.

But they didn’t tamper with evidence. Everything that was done with the firearm was documented and submitted to the court. Therefore it could not be considered false or misleading.

They had someone come in and change a nonfunctional firearm to a functional one, in order to file the charge, dumbass...

Which means they can also be sued for knowingly filing a bogus criminal charge...

It also brings in the possibility of a perjury charge if they said the firearm they picked up was functional in the criminal complaint!!!

 

[colfax_m]

2013 Missouri Revised Statutes :: TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS :: Chapter 575 Offenses Against the Administration of Justice :: Section 575.100 Tampering with physical evidence.

law.justia.com

.

Universal Citation: MO Rev Stat § 575.100 (2013)

Tampering with physical evidence.

575.100. 1. A person commits the crime of tampering with physical evidence if he:

(1) Alters, destroys, suppresses or conceals any record, document or thing with purpose to impair its verity, legibility or availability in any official proceeding or investigation; or

(2) Makes, presents or uses any record, document or thing knowing it to be false with purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation.

2. Tampering with physical evidence is a class D felony if the actor impairs or obstructs the prosecution or defense of a felony; otherwise, tampering with physical evidence is a class A misdemeanor.

(L. 1977 S.B. 60)

Effective 1-1-79

They need to go to jail and lose their license to practice law.

But they didn’t tamper with evidence. Everything that was done with the firearm was documented and submitted to the court. Therefore it could not be considered false or misleading.

They had someone come in and change a nonfunctional firearm to a functional one, in order to file the charge, dumbass...

Which means they can also be sued for knowingly filing a bogus criminal charge...

It also brings in the possibility of a perjury charge if they said the firearm they picked up was functional in the criminal complaint!!!

The question is whether moving the spring is sufficient to count as readily functional. It’s a question for the court to decide.

The point is that all relevant facts are presented to the court so the idea that there’s some perjury here is stupid.