A former Democratic prosecutor in St. Louis acknowledged her error in utilizing public funds to reimburse herself after being fined due to her handling of a case involving a Republican governor, as per federal officials’ announcement on Wednesday.
Kim Gardner, who made history as the city’s first Black circuit attorney in 2016, resigned amid significant controversy last year. To avoid federal criminal charges for inappropriately using $5,004 of public funds, she must repay the amount and adhere to other stipulations outlined in a pretrial diversion agreement. Gardner signed this agreement during the summer, and it was officially concluded this month.
Part of a broader movement among progressive prosecutors, Gardner aimed to promote alternatives to incarceration for minor offenses related to mental health or substance abuse, sought to enhance police accountability, and advocated for the release of wrongfully convicted inmates.
However, her tenure drew criticism from Republican officials who pointed to the low homicide conviction rates, high turnover in her office, and various other issues. Before her turbulent tenure concluded in May 2023, Gardner found herself frequently at odds with law enforcement and conservative lawmakers.
In 2018, Gardner charged former Governor Eric Greitens, a significant figure in the Republican Party, with felony invasion of privacy, alleging he had taken a compromising photograph of a woman during an affair. This charge was later dismissed, leading to Greitens’ resignation in June 2018.
The examination of the Greitens case spurred the conviction of Gardner’s investigator, while she herself received a formal reprimand from the Missouri Supreme Court for her management of case documents. Although this reprimand left her law license intact, it included a fine of $750 and additional costs amounting to $4,254. At the time, her attorney argued that any mistakes were unintentional, stemming from the heavy workload associated with the Greitens investigation.
Problems arose when Gardner instructed her staff to issue checks from a contingency fund within the St. Louis Circuit Attorney’s Office for the reimbursement, despite not being entitled to the funds. The involvement of the U.S. attorney’s office was triggered by the city receiving federal financial support.
U.S. Attorney Sayler A. Fleming commented that this outcome serves as a fair resolution for a case pertaining to the previous official and the misuse of public funds, given that it met the minimum requirements mandated by the relevant federal criminal law.
Gardner’s attorney, Ronald Sullivan Jr., who is also a Harvard professor, did not immediately respond to inquiries for comments about the case. He indicated in a statement to the St. Louis Post-Dispatch that Gardner aimed to conserve judicial time and resources by entering the agreement.
“Although Ms. Gardner was ready to vigorously defend any claims against her, both she and the government decided to resolve the matter and put an end to the investigation with the pre-charge diversion agreement,” he stated in an email.
At the time Gardner stepped down, she faced efforts for removal initiated by Republican Missouri Attorney General Andrew Bailey. Republican lawmakers were reviewing a legislative proposal that would empower Governor Mike Parson to appoint a special prosecutor specifically for violent crimes, potentially stripping Gardner of a significant portion of her duties.
