Kim Gardner took office on January 6, 2017 to head the Circuit Attorney's Office.
Section 575.100 Tampering with physical evidence, was revised on January 1, 2017.
Missouri Revised StatutesTITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS Chapter 575 Offenses Against the Administration of Justice Section 575.100 Tampering with physical evidence.
From: 2. Tampering with physical evidence is a class D felony if the actor impairs or obstructs the prosecution or defense of a felony; otherwise, tampering with physical evidence is a class A misdemeanor.
To: 2. The offense of tampering with physical evidence is a class A misdemeanor, unless the person impairs or obstructs the prosecution or defense of a felony, in which case tampering with physical evidence is a class E felony.
Kim Gardner filed a motion for a new trial for Lamar Johnson after Gardner alleged former prosecutors and police fabricated evidence to which that Gardner alleges the eye witness who identified Johnson received payment from a former assistant circuit attorney to get Johnson’s murder conviction in 1995.
Although a circuit judge ruled Gardner did not have the power to file for a new trial, decades after Johnson was convicted, and dismissed the motion.
on March 2, 2021 the Missouri Supreme Court ruled that there is currently no state law that gives prosecutors authority to seek a new trial so many years after the case was adjudicated.
Some interesting information listed below.
Kim Gardner took office on January 6, 2017 to head the Circuit Attorney's Office.
Section 575.100 Tampering with physical evidence, was revised on January 1, 2017.
https://revisor.mo.gov/main/OneSection.aspx?section=575.100&bid=29854
From: 2. Tampering with physical evidence is a class D felony if the actor impairs or obstructs the prosecution or defense of a felony; otherwise, tampering with physical evidence is a class A misdemeanor.
To: 2. The offense of tampering with physical evidence is a class A misdemeanor, unless the person impairs or obstructs the prosecution or defense of a felony, in which case tampering with physical evidence is a class E felony.
Kim Gardner filed a motion for a new trial for Lamar Johnson after Gardner alleged former prosecutors and police fabricated evidence to which that Gardner alleges the eye witness who identified Johnson received payment from a former assistant circuit attorney to get Johnson’s murder conviction in 1995.
Although a circuit judge ruled Gardner did not have the power to file for a new trial, decades after Johnson was convicted, and dismissed the motion.
on March 2, 2021 the Missouri Supreme Court ruled that there is currently no state law that gives prosecutors authority to seek a new trial so many years after the case was adjudicated.
Odd shift of events.