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From ZeroHedge:
In Missouri, police and prosecutors must prove that a weapon is “readily” capable of lethal use when it is used in the type of crime with which the McCloskeys have been charged.
Assistant Circuit Attorney Chris Hinckley ordered crime lab staff members to field strip the handgun and found it had been assembled incorrectly. Specifically, the firing pin spring was put in front of the firing pin, which was backward, and made the gun incapable of firing, according to documents obtained by 5 On Your Side.
Firearms experts then put the gun back together in the correct order and test-fired it, finding that it worked, according to the documents. -KSDK5
According to the report, crime lab workers photographed the disassembly and reassembly of the pistol.
The McCloskeys attorney, Joel Schwartz, told KSDK that the St. Louis couple intentionally misplaced the firing pin on the gun, rendering it inoperable. They turned the pistol in to their former attorney Al Watkins following the incident last month.
So, the prosecutor’s office tampered with evidence before filing charges. With the evidence we compiled about Gardner and how she chooses to prosecute crimes involving firearms, it’s clear her office (the assistant circuit attorney) is screwing around here and all charges need to be dismissed against the McCloskeys, as well as possible charges filed against her/her office for evidence tampering. Does any of this sound familiar?
Actions that courts have labeled prosecutorial misconduct include:
Using improper investigative techniques, such as “entrapment” – inducing a person to commit a crime who was not otherwise disposed to commit it.
Bringing criminal charges in bad faith without realistic hope of winning a conviction – for example, to punish a political rival, or to retaliate against someone.
Making statements to the media that prejudice the jury pool.
Engaging in improper plea-bargaining – for example, convincing a defendant to plead guilty through false promises or misrepresentations about the existence of incriminating evidence.
Failing to turn over exculpatory evidence.
Tampering with evidence.
Knowingly presenting false witness testimony or other false evidence to a court or grand jury.
Asking a defendant or defense witness damaging and suggestive questions with no factual basis.
Making improper statements in front of the jury – for example, expressing a personal opinion about the guilt of a defendant or the credibility of testimony, mentioning facts not in evidence, or criticizing the defendant for exercising his constitutional right not to testify.
There‘s no question on the violations committed by Gardner’s office. It’s plain as day. These felony charges should have never been filed anyways, as the McCloskeys were well within Missouri’s castle doctrine law to do what they did, which leads us to this bolded point and also the statement made by Gardner’s office:
Bringing criminal charges in bad faith without realistic hope of winning a conviction – for example, to punish a political rival, or to retaliate against someone.
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