State Auditor Scott Fitzpatrick has announced a delay in the examination of the office that handles criminal prosecutions in St. Louis due to the inability to find former Circuit Attorney Kim Gardner. Efforts to contact Gardner, including attempts to serve her with a subpoena, have been unsuccessful, with her whereabouts remaining unknown. Fitzpatrick criticized Gardner for her lack of transparency and accountability, stating that she has not made any effort to comply with requests or respond to inquiries regarding the audit. Gardner, a Democrat who was elected in 2016 as the city’s first Black circuit attorney, resigned in May 2023 amidst criticism from Republican leaders.
Gardner’s tenure was marked by her involvement in progressive prosecutorial initiatives, such as diversion programs for low-level crimes and efforts to hold police more accountable. However, she faced criticism for low rates of convictions in homicide cases, high office turnover, and other concerns. At the time of her resignation, Gardner was facing an ouster effort by Republican Missouri Attorney General Andrew Bailey, with GOP lawmakers considering a bill to appoint a special prosecutor to handle violent crimes. Despite efforts by auditors to obtain records from Gardner’s office as part of a citywide audit since 2021, she has not fully complied with requests.
State auditors have made multiple attempts to reach out to Gardner, including contacting her lawyers, former coworkers, and serving her with a subpoena, all of which have been unsuccessful. Gardner’s frequent clashes with police and conservatives during her time in office, including her decision to charge former Gov. Eric Greitens with felony invasion of privacy, have drawn controversy. In 2019, she prohibited nearly 60 officers from bringing cases to her office after they were accused of posting racist and anti-Muslim comments on social media. Gardner’s departure in February 2023 followed a lawsuit filed by Bailey accusing her of failing to prosecute cases and communicate with victims and their families.
The events leading up to Gardner’s resignation included the tragic case of 17-year-old Janae Edmondson, a volleyball player from Tennessee who lost both legs after being struck by a speeding car in downtown St. Louis. The driver, 21-year-old Daniel Riley, was out on bond despite numerous violations. Riley was ultimately sentenced to 19 years in prison for causing the accident. Gardner, who maintained that Bailey’s attacks on her were politically and racially motivated, faced increasing scrutiny over her handling of cases and her communication with law enforcement. The delay in the audit of her office raises questions about the level of transparency and accountability during her time in office.
