Circuit Attorney Kim Gardner has a week left to respond to AG subpoena demanding her removal

ST. LOUIS, Mo. (KMOV) - The clock is ticking for Circuit Attorney Kim Gardner.

She has less than a week left to respond to Attorney General, Andrew Bailey’s subpoena to remove her from office. Gardner has made it clear she has no plans on stepping down.

“I respect her decision and we are going to go to court and hold her accountable,” says Attorney General, Andrew Bailey.

The circuit attorney’s office tells News 4, Kim Gardner will reply to the litigation by the March 14th deadline.

“This isn’t about me disagreeing with the job she’s doing. This is about her unlawful neglect of her duties,” says Bailey.

“There are numerous attacks on our office. There are numerous individuals that have an agenda to make sure that my office does not succeed that is not an excuse. But at the same time we know we do not control every single side of the system,” says Circuit Attorney, Kim Gardner.

According to Gardner, the system is the reason Daniel Riley was out of jail when he ran over a young girl visiting St. Louis and caused her to lose her legs.

Riley was out of jail despite violating his bond 100 times.

Her office blames Judge Bryan Hettenbach for reversing bond and setting Riley free despite claims from Gardner she made verbal motions to revoke Riley’s bail three times.

“My office requested the defendant’s bond be revoked. We were denied or ignored each of these requests,” Gardner says.

“This isn’t about one case. This is about a continuous pattern of behavior that constitutes unlawful neglect in office,” says Bailey.

Bailey tells News 4 more parties could be held responsible for what happened.

“If there are other individuals that need to be accountable for their behavior we have other mechanisms to do that,” he says.

A court date is set for March 16.

If the attorney general wins this legal battle a judge can appoint an interim circuit attorney or the governor can choose a replacement.

Mayor Tishaura Jones and Comptroller Darlene Green have also been subpoenaed in connection to Kim Gardner’s case.

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