ST. LOUIS — St. Louis Circuit Attorney Kim Gardner is saying a series of missteps by her assistant prosecutors and possibly the jury trial supervisor led to her office not showing up for a murder trial Monday – although text messages submitted in her defense suggest her office communicated about the case internally six days before it was scheduled to begin.
Gardner or someone from her office is expected to appear before Judge Scott Millikan Monday to answer why they shouldn’t be jailed, fined or both for being in contempt of court.
The assistant circuit attorney originally assigned to the case, Alex Polta, abruptly took a leave of absence April 6 and erroneously told Gardner’s staff the trial had been continued, according to the filing.
Then, the trial was not included on a jury trial list Assistant Circuit Attorney Chris Hinckley checked.
But in a text message April 11, Hinckley asked Polta about a series of cases – including the trial in question.
“Lastly, you have four trial settings on for the week of April 17,” Hinckley wrote, listing the names of the defendants – including the trial at the center of the controversy – and the courtrooms in which they were to take place.
Polta responded with texts answering questions on some of them – not the trial in question – before he launched into a commentary.
Polta: “Frankly chris, this is no longer my problem.”
The case in question involves Jonathan Jones, now 18. When he was 16 years old, he was accused of killing Brandon Scott, who crashed his car on the Arch Grounds in September 2021 after being fatally shot.
Jones’ trial was scheduled to begin at 9 a.m. Monday, but by 10:30 a.m., no one from the Circuit Attorney’s Office showed up to Judge Scott Millikan’s courtroom.
Jones’ attorney, Assistant Public Defender Cecilia Appleberry, asked the judge to dismiss the case against her client for failure to prosecute and release him on bond.
5 On Your Side was the only media outlet present for the hearing.
“All of this is happening through no fault of your own, but I’m going to take your motions under advisement due to the serious nature of the charges,” Millkan told Appleberry.
The judge then filed an order giving Gardner one week to explain to him why she shouldn’t be held in jail, pay a fine or both for being in contempt of court.
In his order, Millikan noted how the Court and Jones’ public defender have not received any information from the Circuit Attorney’s Office regarding the case.
“This conduct thwarts and defeats the authority of the Circuit Court of the City of St. Louis,” Millikan wrote.
In Gardner’s response to Millikan, her attorney Michael Downey wrote: “Ms. Gardner herself did not willfully and intentionally fail to appear in this matter, as she was not assigned counsel and not required to appear, and she did not willfully cause the assigned counsel to fail to appear.”
It continued: “Rather, as is discussed further below, the absence of assigned at the April 17 trial setting resulted because that attorney incorrectly told the Circuit Attorney’s Office in early April 2023 that the matter had been continued and repeatedly failed to correct his inaccurate statements including through April 17, 2023. Whether that attorney’s failure to appear warrants further action by this Court is open to discussion, but Ms. Gardner lacks the requisite scienter to be adjudged guilty of indirect criminal contempt.”
Polta, gave “inaccurate and uncorrected statements,” to Gardner’s office, according to the filing.
“Ms. Gardner therefore did not miss, or cause the Circuit Attorney’s Office to miss, the April 17 trial setting in this matter due to any willful or contumacious intent,” according to the filing. “Ms. Gardner lacked any intent to engage in misconduct.”
Gardner has also told Polta he should attend the hearing before Millikan, according to the filing.
“The Circuit Attorney’s Office is also aware of its potential responsibility to report misconduct…and will assess its obligation to report after learning Mr. Polta’s explanation and this Court’s resolution of this matter,” according to the filing.
Polta told 5 On Your Side April 13 that he was considering running against Gardner to become the city’s next top prosecutor. His leave began April 6, according to the filing.
“The Circuit Attorney’s Office did not expect Mr. Polta to have an extended absence due to vacation or any personal, medical, or other situation,” according to the filing.
READ: Gardner's response to order to show cause
In a text message to Hinckley, Polta said he was “taking about a month of vacation and that he had no trials hearings or depositions for the next 5 weeks,” according to the filing.
Hinckley didn’t have the authority to approve Polta’s leave, according to the filing.
“Since April 6, Mr. Polta has sent mixed messages regarding the reason or nature of his absence from the Circuit Attorney’s Office, whether it is vacation or some other type of leave the Circuit Attorney’s Office still does not have a clear understanding for why Mr. Polta has taken leave, whether it was for a vacation or some other medical or personal reason,” according to the filing.
The filing also states the Jones trial was not on an April 5 jury trial summary, but it appeared on an April 12 summary that Hinckley did not check.
“Mr. Hinckley does not recall reviewing the April 12 list of potential jury trials prior to April 17. Mr. Hinckley did not expect the list to be supplemented with new April 17 trial settings after April 5,” according to the filing.
Gardner’s attorney also asked the judge to give Gardner time to prepare a defense should he proceed with a contempt charge.
“Ms. Gardner believes that, at minimum, she should be permitted at minimum to depose Mr. Polta and to also discover why the Jury Duty Supervisor did not list this case on the April 5 list of potential jury trials,” according to the filing.
It continued: “Had Ms. Gardner (or the Circuit Attorney’s Office) known that this case was set for trial on April 17, 2023, they would have appeared, designated someone else to appear, or otherwise taken steps to address that trial setting in an appropriate fashion,” according to the filing.
READ: Emails from jury duty supervisor
Text messages show internal conversations
Gardner’s attorney also attached several screenshots of text messages between Polta and Hinckley to the filing. 5 On Your Side has transcribed them as they appear without corrections to grammar or spelling.
On April 6, Polta wrote: “Im taking a month of vacation. Its the first time ive taken a major vacation in three years. I have no trials, hearings, or depos in the next 5 weeks. I have been ill for five months including (redacted by Gardner’s attorney). This is necessary to continued function.”
On April 10, Polta wrote: “Kims conduct that the end of last week is fairly indefensible. I do not trust serena or maurice”
(Serena Wilson-Griffin is the First Assistant Circuit Attorney, and Maurice Foxworth is a consultant)
Hinckley responded: “I’m at a loss, I wasn’t here. What happened? Call me.”
Polta: “You can ask her about it. She wouldnt tell me. She refused to appear for a zoom call, demanded in person with serena and maurice. I told her id record her regardless.”
Hinckley: “Okay - now I get it.”
Polta: “I half expect her to be in jail before my vacation ends.”
Hinckley then sent a long text to Polta April 11 asking about a series of cases – including the Jones trial.
“Lastly, you have four trial settings on for the week of April 17th.
21 – Donnell Simmons and R. Fuqua
13 – Barge
09 – Jonathan Jones
Are any of these cases likely to be called out?”
Polta responded with texts answering questions on some of them before he launched into a commentary.
Polta: “Frankly chris, this is no longer my problem. I’m no (redacted by Circuit Attorney’s Office.)…Its almost like I was a critical component of the infrastructure.”
Hinckley: “You’re integral to the cases on your docket and warrant applications. I can help with covering warrant apps under review and GJ (Grand Jury), but the cases on the docket I need to know enough to ensure informed coverage.”
Polta: “The judges wont relent until everyone is dead or gone. Or until she leaves. Chief trial attorneys job. Or the First Assistant’s.”
READ: Internal text messages from Gardner's office
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