ST. LOUIS (KTVI) – The Central West End couple charged with felonies for brandishing weapons at protestors who were walking past their mansion is due back in court today.
Mark and Patricia McCloskey, who are both lawyers, are each charged with the class e felonies of unlawful use a weapon exhibiting and tampering with physical evidence in a felony prosecution.
Joel Schwartz, the attorney for the McCloskeys, tells us the focus of the hearing will be on a motion he filed back in July to disqualify Circuit Attorney Kim Gardner and her office from prosecuting the case.
The hearing is set to take place at 1:30 p.m. inside the Civil Courts building in downtown St. Louis. Mark and Patricia McCloskey are expected to be in attendance.
This will be the McCloskeys first time back in court for this case since they have officially arraigned two weeks ago on the two felony counts that they each face.
Schwartz entered not guilty pleas for the couple.
The charges stem from a June incident when the McCloskeys used guns to confront protestors who were passing by their Central West End home on a private street on their way to Mayor Lyda Krewson’s home.
The McCloskeys say they feared for their safety and were using their Second Amendment rights to defend themselves.
Schwartz tells us he has two main arguments for why Gardner and her office should be disqualified. Schwartz says Gardner used this case inappropriately to help raise money in her re-election campaign for circuit attorney.
Schwartz also argues that the Circuit Attorney’s Chief Warrant Officer made himself a witness by interviewing people in the case and getting involved in issues surrounding the handgun held by Patricia McCloskey.
Schwartz does not expect any ruling today.