I got this from jpfo.org, I have used their information before on my blog, they are a very aggressive in 2nd amendment issues. I Have been very busy in "Meatspace" as they say, I still am trying to upload some pics for a blogpost, I have felt bad about neglecting my blog but it couldn't be helped. I just didn't have the time. And when I had the time I had technical issues like the the platform not willing to cooperate. Oh well the life of a blogger.
Prosecutorial Misconduct Over McCloskey
Self Defense, Details of Gate Entry
(
Screen shot from video)
By Dean Weingarten. August 11, 2020
Article Source
The screen shot from video (above), just as the gate is being opened
by lead agitators of the mob of protestors. In this screen shot , the
gate is about a foot open, likely no more than a half second after the
latch was jimmied.
Christine Byers of KSDK in Missouri has uncovered evidence of
prosecutorial misconduct by St. Louis Circuit Attorney Kim Gardner's
office. Kim is one of the radical prosecutors who has
been elected with money from George Soros linked radical leftist "Justice & Public Safety" political action committee.
Gardner has drawn national attention with her decision to prosecute a
St Louis couple for defending their home against an angry mob of Black
Lives Matter agitators.
The document obtained by 5 On Your Side (KDSK) show pressure was
applied by Gardner's office to structure the police report, so as to
alter the evidence to justify a warrant, and then, criminal charges.
Gardner's Assistant Circuit Attorney, Chris Hinckley, had pushed the
lead investigator, Sgt. Curtis Burgdorf, into signing a charging
document that Hinckley wrote.
Burgdorf was unwilling to sign onto a document he disagreed with, but
finally signed off, after revisions, under the political pressure from
Hinckley. Here are the findings by KDSK:
Hinckley also
wrote the document the lead detective did sign, known as the probable
cause statement.
But it went through at least two revisions after Burgdorf outlined 14
concerns he had about the document, 5 On Your Side has learned.
Among those concerns:
• Hinckley characterized the protest as "peaceful and organized" and
that it was "calling attention to racial inequities in the criminal
justice system." Burgdorf wrote that the evidence he gathered showed the
protest was to call for the resignation of Mayor Lyda Krewson. The
final document called it "a protest march."
• Hinckley wrote that Patricia McCloskey was "armed with a
semi-automatic handgun." Burgdorf wrote the phrase should read, "What
appears to be a semi-automatic handgun." Hinckley responded, in part,
"You cannot be serious with this one. Again, this is really
problematic." Ultimately, the document read: "What was later determined
to be a semi-automatic handgun."
• Hinckley called Mark McCloskey's gun an "assault" rifle. Burgdorf
called the word "assault" a propaganda term. Hinckley disagreed, but it
was left out of the final document.
• Hinckley wrote that the protesters passed through an "open gate" onto
private property. Burgdorf said he didn't know whether the gate
guarding the private street was open when protesters went through it,
but that, at some point, it was damaged. Hinckley responded: "Your
points here are really problematic. It seems to go beyond oversight and
into purposeful ignorance. I suggest you very quickly re-assess this
evidence." Ultimately the document Burgdorf signed reads, "protesters
walked through a gate."
• Hinckley wrote that Mark McCloskey's gun was "visibly loaded with an
ammunition clip." Burgdorf wrote that he would have to verify that
detail because it wasn't mentioned in his report or interviews with
them. Hinckley wrote back "Seriously??!!" Ultimately, the document did
not include the phrase Hinckley wrote.
• Hinckley wrote that both victims, identified only by their initials,
"feared that the defendant might fire her weapon due to her finger being
on the trigger and her highly agitated demeanor." Burgdorf wrote that
the term "angrily" was subjective and he didn't like it. Hinckley wrote,
"It's a fact and an element of the offense." The final document did not
include the word "angrily".
Hinckley is reportedly the official who, when the pistol brandished
by Patricia McCloskey was found to be non-functional by the forensic
lab, ordered the pistol to be made functional when it was put back
together by the lab.
Detective Sgt. Burgdorf has continued to investigate the case. He was
able to discover recorded evidence of threats by people in the mob of
agitators, toward the McCloskeys.
• "You own a business. Your business is gone."
• "We coming back baby."
• "You ain't the only (expletive) with a gun."
• "They coming back to your house."
One recording seems particularly significant. One of the leaders of the mob makes this disclosure:
In another
livestream video, Burgdorf wrote a man was heard saying, "I was in front
so I was the one who opened the gate. The gate was broken after they
pulled a gun. What law did we break? We keep guns there but not for show
though. Not to look a certain way, but for use. If they would've shot
then they would've been put down."
Both the threat and the information is damning. The man admits the
gate was closed. There is video of the gate showing it was closed.
In the video, you can see a masked agitator going up to the gate. It
appears he has some sort of tool, perhaps a jimmy bar of some kind. He
is partially obscured by the crowd. Someone to the left of the gate is
working with him, and pulls open the left side of the gate, shortly
after he arrives.
It seems the gate was spring loaded, probably with a spring latch
that could not be legitimately opened from the street side. The easiest
way to jimmy it would be from the right side. Only the left side of the
gate was opened.
The person who pulled the left side of the gate open after the latch
was defeated, held the gate open for others to enter. This implies the
gate was spring loaded with a bias toward closure.
Link to video
The first person through the gate and the person in the sport coat
appear to be members of the leadership. The mob would probably not have
gone through the gate, without their lead. They appear to have a plan,
and execute the plan.
Image of gate being held open, showing what is likely a spring latch
and the guard plate, where the thumb of the person holding it open is.
Spring latches are the easiest to jimmy.
Link to video
On the recording, the agitator leader asks, rhetorically "What law did we break?"
There are four obvious ones:
Other laws that seem likely to have been violated:
• Criminal conspiracy
• Deprivation of Constitutional rights
The gate was severely damaged as the mob left.
Why was the gate damaged on the way out? Looking at the gate, notice
the side which was opened has been pulled inward ( on the right from the
inside). It is meant to open outward. The broken side was never opened
at all. It was just broken and bent inward.
Some informed speculation:
It seems likely, when the mob had all gone inside, the springs on
the gate closed the left hand side (viewed from the street) and the lock
latched. The inside appears to be keyed. It may not have a lever to
open it.
When the McCloskeys defended their property, the mob rapidly retreated back the way they had come.
The last in were the first out. They found themselves trapped by the
locked gate. The man with the jimmy was probably not there to open it,
so the mob just broke it, with many hands pulling on it.
We have not seen any video of the gate being broken.
Testimony about this is important. It would show the gate was locked
when the mob arrived. The latch did not lock itself, after the mob was
let into the private street by the ringleaders.
The evidence is likely to show the gate was locked. There is video
evidence it was closed when the mob arrived. That contradicts assistant
prosecutor Hinckley's assertion the gate was open.
If the gate was locked, it becomes clear the mob were trespassers,
not "peaceful protestors". Most of the mob were being used by the
leadership. The jimmy was done fast, shielded for the most part from the
mob, as it was done. With a little practice, such a jimmy is faster
than using a key.
Investigators in St. Louis can easily confirm if the gate is/was spring loaded, and if it was locked with a spring latch.
It is unlikely any but a few of the leadership knew the route planned for the action.
Mobs are easy to lead around. Everyone just follows those in front. A
small cadre of activists do exactly that. The leadership knew radical
prosecutor Kim Gardner could be counted on not to prosecute them.
She prosecuted the McCloskeys, no matter what the facts.
Prosecutors are shielded from nearly all lawsuits by
absolute immunity created by the Supreme Court in 1983.
There are means to remove prosecutors who abuse their power. It is
very difficult to remove an elected prosecutor by anyone but the voters.
Prosecutors have enormous power. It is a weak point in the system of ordered liberty in the United States.
The far left is exploiting that vulnerability. The Supreme Court
removed many checks and balances when they gave prosecutors absolute
immunity. The left is using that power against the democratic system.
They don't have a further plan.
Their plan has devolved into one goal: tear down the system.