ST. LOUIS, Mo. – A judge has disqualified St. Louis Circuit Attorney Kim Gardner’s office from prosecuting Mark and Patricia McCloskey’s case. The judge said that evidence in Gardner’s emails infringed on the McCloskey’s right to a fair trial. It is unclear whether this means that the case will be dropped.

The couple faces felony charges for unlawful use of weapons and tampering with physical evidence. They have pled not guilty.

The McCloskey’s confronted protestors with their guns this summer. The demonstrators were walking past their Central West End mansion. They were on a private street and on their way to St. Louis Mayor Lyda Krewson’s home.

Attorney Joel Schwartz filed a motion in July to disqualify St. Louis Circuit Attorney Kim Gardner. He says Gardner used her case against the McCloskeys to raise money in her re-election campaign.

Kim Gardner’s attorney contended that she did not start it. The McCloskeys did, and then President Trump and Missouri Governor Parson attacked her politically. He said the circuit attorney is just fighting back.

A special prosecutor may be assigned to this case. It is up to that person to continue with the prosecution or drop the charges. That is what happened in the case against former Governor Eric Greitens.