CLAYTON, Mo. — A disciplinary hearing on misconduct charges against St. Louis Circuit Attorney Kimberly M. Gardner’s handling of a 2018 criminal case against former Gov. Eric Greitens wrapped up within an hour Monday after Missouri's chief disciplinary counsel announced an agreement with the city's top prosecutor.
As Monday's hearing began, Alan Pratzel, Missouri's chief disciplinary counsel, announced the "joint stipulation" that recommends a reprimand for Gardner. The amended case he filed was not immediately available.
Gardner's agreement with Pratzel's office acknowledges mistakes in her office's prosecution of Greitens and means she won't face severe punishment such as suspension, probation or disbarment of her law license.
The focus of Monday's hearing was on several pages of Gardner's typed notes and a video of Gardner's January 2018 interview with the woman who accused Greitens of taking a semi-nude photo of her without consent.
Gardner, 46, testified Monday that her office made "reasonable efforts" to disclose all evidence to Greitens' defense lawyers but that she failed to turn over her typed notes because of the "compressed schedule" of the case and limited staffing.
"This case was like no other we'd ever dealt with," Gardner said.
Gardner said her staff initially believed a video recording of an interview with Greitens' accuser had malfunctioned but later realized it worked. She said the Greitens case has served as a "teaching lesson" in her office to "make sure nothing falls through the cracks."
She said her office believed at the time that "we turned everything over in our possession" but acknowledged a breakdown in her office's handling of evidence.
"This case was on a very fast track," Gardner said. "We did our best to make sure we had a process but unfortunately that process came up short."
The deal still needs the approval of the three-person disciplinary panel and Missouri Supreme Court. The panel will send its recommendation to the state's highest court within 30 days.
Gardner and Pratzel declined comment after the hearing. In a statement, Gardner's lawyer Michael Downey said Gardner will “continue to direct her attention to the important work she has been elected to perform as the Circuit Attorney of the City of St. Louis.”
Last year, Pratzel accused Gardner of violating rules of evidence by failing to provide or omitting witness statements favorable to Greitens' defense and allowing former FBI agent William Don Tisaby to make multiple false statements under oath. Gardner hired Tisaby, claiming the police department refused to investigate.
In court filings, Gardner's lawyer had denied the misconduct charges, calling them "another attempt by Ms. Gardner's political enemies — largely from outside St. Louis — to remove her from office and thwart the systemic reforms she champions.”
Gardner withheld or omitted statements made by Greitens' accuser that suggested an ongoing, consensual relationship months after their 2015 encounter in Greitens' basement, according to the ethics charges.
The charges said Gardner also made false claims to her own staff, in open court and in filings, and to the Office of the Chief Disciplinary Counsel about interview notes she and Tisaby took, and their disclosure to the defense.
Tisaby pleaded guilty last month to a misdemeanor count of evidence tampering. He was accused of ly ing during a day-long deposition in March 2018 about his probe of the former governor.
Video of Tisaby's deposition revealed how Greitens' lawyers sought to attack Tisaby's credibility by eliciting inconsistent and incorrect testimony about his investigation. It also reveals Tisaby stumbling over basic questions and struggling to explain key evidence and witness statements.
Gardner, who was present for the deposition, said Monday that she sat for Tisaby's deposition because the lawyer from her office who who was supposed to be there got stuck at an airport.
Tisaby's investigation led to an indictment against Greitens on one felony count of invasion of privacy. Greitens claimed he was the target of a political witch hunt.
Gardner dropped the charge against Greitens on May 14, 2018, during jury selection after a judge decided she would have to testify about her office's handling of the case.
On Monday, one of the panel members asked Gardner about Tisaby's testimony and what she could have done differently.
Gardner said Tisaby was "blindsided" by the "egregious tactics" Greitens' lawyers used to attack Tisaby's credibility including leaking details about his FBI personnel file. Tisaby refused to answer questions about his demotion and suspension or the agency's conclusions that he lied under oath about having remarried in 1998 before his divorce was final.
"Mr. Tisaby made mistakes," Gardner said. "But I'm not here about Mr. Tisaby. I'm here about Kim Gardner."
In hindsight, Gardner said, she would have reminded Tisaby to tell the truth.
"But I can't control what someone says," Gardner said.
Monday's hearing took place at the St. Louis County courthouse. The three members of the panel were Sheryl Butler of St. Louis and lawyers Elizabeth D. McCarter of St. Louis and Keith A. Cutler of Kansas City.
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