ST. LOUIS — St. Louis Circuit Attorney Kim Gardner’s Office has been ordered to appear at another “show cause” hearing this week for failing to show up to a trial.
Gardner, or someone in her office, is expected to appear before Judge Michael Noble Thursday to answer why they shouldn’t be jailed, fined or both for being in contempt of court.
In court documents, Noble said Assistant Circuit Attorney Chris Desilets failed to appear to both a jury trial on April 10 and a status hearing on Monday.
"Chris Desilets failed to appear for either appearance and failed to file a motion to continue," according to Noble's filing. "Furthermore, on the morning of trial on April 10, Mr. Desilets alleged, through another Assistant Circuit Attorney, that he had a medical issue.
"This Court has received no verification of any medical issue or appointment. Additionally, Mr. Desilets did not appear for the status conference on April 24 at which his alleged medical issues were to be discussed. This Court has received no information from the Circuit Attorney's Office regarding this matter, nor defense counsel."
The case in question involves the shooting of an 11-year-old girl in October 2020. Steven Linell Vincent Jr., 26, is accused firing multiple gunshots at a residential building along North Garrison Avenue in the JeffVanderLou Neighborhood.
Bullets went through the girl’s bedroom wall, and she was shot in the arm, according to a probable cause statement. Vincent has been charged with first-degree assault and multiple counts of armed criminal action and unlawful use of a weapon.
Vincent's defense attorney has also asked the judge to dismiss the case for failure to prosecute.
"The Court denied the motion until verification of Mr. Desilet's alleged medical issues," Noble wrote.
The hearing is scheduled for Thursday afternoon.
On Monday, Gardner’s office had its first “show cause” hearing due to another attorney not showing up to a first-degree murder trial.
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 documents filed by Gardner's attorney.
Judge Scott Millikan said the bar is high when it comes to fining someone, holding them in jail or both for contempt of court. He said the list of internal communications Gardner’s attorney submitted along with the statements Assistant Circuit Attorney Alex Polta made Monday show an office in disarray – but not an office or a prosecutor purposefully missing trials.