ST. LOUIS 鈥 Missouri鈥檚 chief disciplinary counsel has accused 50度灰视频 Circuit Attorney Kimberly M. Gardner of professional misconduct stemming from her office鈥檚 2018 investigation of former Gov. Eric Greitens, according to records obtained by the Post-Dispatch.
An ethics investigation resulted in allegations of professional misconduct against Gardner, alleging she concealed details about the Greitens investigation from her own team regarding interview notes with witnesses, failed to disclose potentially favorable evidence to Greitens鈥 attorneys, and misrepresented facts about evidence to the court, defense lawyers and ethics investigators.
The allegations are outlined in pleadings filed March 1 by Chief Disciplinary Counsel Alan Pratzel and sealed until Tuesday after Gardner had time to respond to the charges. The Missouri Supreme Court Advisory Committee and Legal Ethics Counsel provided the Post-Dispatch with records of the case Wednesday.
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Gardner鈥檚 lawyer, Michael Downey, responded April 30, denying the claims against her and calling them 鈥渁nother attempt by Ms. Gardner鈥檚 political enemies 鈥 largely from outside 50度灰视频 鈥 to remove Ms. Gardner and thwart the systemic reforms she champions.鈥
Gardner didn鈥檛 hide her role in the investigation and produced all notes taken during witness interviews, Downey said.
Gardner鈥檚 office also released a statement this week saying she complied with the law during the Greitens investigation.
鈥淒espite several investigations attempting to uncover illegal wrongdoing by her office in this case, none has ever been found,鈥 the statement said. 鈥淲e are confident that a full review of the facts will show that the Circuit Attorney has not violated the ethical standards of the State of Missouri.鈥
The complaint against Gardner says she has no previous disciplinary history, is in good standing with the Missouri Bar and has held her license since Sept. 29, 2004.
A disciplinary panel will hear Gardner鈥檚 case and make a recommendation to the Missouri Supreme Court, which could issue a reprimand, suspension or revocation of her law license. The court could also decide to take no action. A hearing for Gardner鈥檚 case hasn鈥檛 been set.
Records say Gardner sought to seal or stay the disciplinary proceedings, arguing that it would interfere with a pending case and impair her ability to run the circuit attorney鈥檚 office.
The disciplinary case against Gardner delves into allegations in a 2018 ethics complaint filed by Greitens鈥 lawyers that Gardner and William Don Tisaby, the ex-FBI agent she hired to investigate the governor, misled the defense and the court about notes taken during interviews with Greitens鈥 accuser.
Greitens was indicted in February 2018 on a felony count of invasion of privacy that alleged that before his run for Missouri governor, he snapped a compromising photo of a woman and threatened to release it if she exposed their affair. Greitens denied that.
The disciplinary complaint against Gardner says she failed to correct false and sworn statements by members of her team about the existence and disclosure of notes taken in interviews with Greitens鈥 accuser.
Gardner鈥檚 response rejects those claims, saying Greitens鈥 defense team 鈥渟uccessfully鈥 shifted focus from Greitens鈥 criminal conduct to Gardner鈥檚 handling of evidence. Greitens鈥 defense team, her lawyer wrote, 鈥渙verwhelmed Ms. Gardner鈥檚 office by dissecting and scrutinizing its investigation process and production of investigative records in an unparalleled fashion,鈥 Downey wrote.
鈥淚f there were minor mistakes made,鈥 Downey wrote, 鈥渢hey were not deliberate, they did not undermine justice, and they did not deny the defendant a fair trial.鈥
Gardner abruptly dismissed the invasion of privacy case against Greitens during jury selection in May 2018 when faced with having to testify about her involvement in the investigation. She later brokered Greitens鈥 resignation in exchange for dropping felony computer tampering charges related to a donor list for the ex-governor鈥檚 50度灰视频-based charity, The Mission Continues.
The ethics complaint Greitens鈥 lawyers filed against Gardner alleged she conspired with Tisaby to lie in sworn testimony about the investigation and that she also solicited false testimony from him. Their complaint also alleged Gardner failed to turn over evidence to defense lawyers that might have been favorable to Greitens.
Tisaby was later indicted on multiple counts of perjury and evidence tampering after a monthslong grand jury investigation that sought a range of electronic records from the circuit attorney鈥檚 office servers. Gardner鈥檚 office resisted search warrants for records but was ultimately ordered to turn them over.
Tisaby has denied charges that he lied in a March 2018 deposition about various parts of the Greitens probe and said he was the target of a racially motivated grand jury investigation. His case is still pending in 50度灰视频 Circuit Court.
Gardner recently filed a witness tampering charge against the lead 50度灰视频 police sergeant tasked with investigating Tisaby and her office as part of an unrelated sex assault case involving two other city police officers. The police sergeant has accused Gardner of political revenge and has sought her disqualification from the tampering case.