AG Bailey mentions case backlog, racist harassment case in filing against Gardner

Louis City's top prosecutor remains in office. We now know who could have the final say on if she keeps her job. Missouri's attorney general filed paperwork yesterday to start the removal process. All of this fallout comes after a visiting teenage volleyball player lost her legs in a horrific crash last weekend. The man accused of hitting her was on Gardner's radar, but her office is taking criticism for its alleged inaction. Chief investigative reporter Lauren Trager joins us live tonight revealing which judge could decide Gardner's fate. Yeah, guys, ultimately, it will be up to a judge to decide if Gardner should be removed from office based on the attorney general's accusations.

And just this afternoon, we got word that Court of Appeals Judge John Torbitsky, who Governor Parsson appointed to the bench just last year, has been selected to preside over the case. It needs to be willful, violation, fraudulent, or neglectful. Joe Dandorand has handled Cuo Wurranto cases in past administrations of the attorney general's office. It is an extraordinary remedy. It is to be brought in extremely rare circumstances that are compelling. A Cuo is basically an obscure provision of law that allows for the ouster of an elected official for neglecting their office. Citing conflict of interest, all the judges in the city of St.

Louis recused themselves. That's not surprising. Then there will be hearings and sworn testimony, as Gardner has made it clear she intends to fight back. The AG's evidence in his filing against Kim Gardner goes well beyond the case of Daniel Riley. She is absolutely, in my mind, incompetent and a criminal. Back in 2021, News4 Investigates told you about Shirley Washington Cobb. She told us she was appalled by the circuit attorney's office plea deal in the death of her son.

Also mentioned in the AG's filing, the case against Judy Klein. I'm coming back. You wait and see. The CAO sat on charges of the woman harassing a Latino family for close to a year. And also in the filing, a backlog of more than 4,000 cases in the office. Something News4 Investigates exposed last year. UMSL adjunct professor Rick Rosenfeld reacted back then.

When you initially read that 4,415, what did you think? I thought this cannot be true. Can't be true. Former St. Louis County Judge William Corrigan will lead the AG's legal team on the Cuo. Who will represent Gardner is not yet clear. Either way, it could be a lengthy legal battle. Is it a high legal standard to meet? Yes, it's a high standard.

It's difficult and one which is fairly rare and one that is taken very seriously by the courts. And one big question here is who is going to pay for it all? We know that the AG's actions will be taxpayer funded, of course. But will the public be on the hook for Gardner's legal defense? We have asked. They said they will seek outside counsel, but no word on whether or not the taxpayers will foot the bill. For now, Gardner will continue on as prosecutor until this whole process plays out. She has not responded yet in writing to the AG's filing. One of the last times this happened, the prosecutor in question resigned before the Cuo process was finished.

That was in 2009 in Dent County. Of course, you can count on us to keep following it. I'm Lauren Trager, News4 Investigates. Lauren, thank you. Thank you very much.