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August 13, 2020

Prosecutor in McCloskey Case Pressured Cop to File a Falsified Probable Cause Warrant

Gee, I wonder why the media hasn't picked upon this story.

The lead St. Louis police detective investigating the McCloskey case refused to sign at least two versions of court documents prosecutors drafted, according to a review of those documents obtained by 5 On Your Side.

In addition, police contend at least one person in the crowd was armed and another was wearing a bullet-resistant vest, after analyzing videos taken June 28, when the couple confronted protesters with guns.

You've already heard that the prosecutor, Chris Hinckley (one of Kim Gardner's handpicked minions) ordered the lab to dissassemble and then reassemble the non-operative gun into an operative condition, so he could then charge Mrs. McCloskey with brandishing a working gun.

That's falsification of physical evidence right there.

But Hinckney's efforts at falsification went further than that.

Hickney pressured the lead detective to sign a warrant application (which assistant Hinckley had written) that contained a bunch of false claims. The detective demanded these false claims be removed, but Hinckley fought for them.

...

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 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.

It's not just a "propaganda" term; "assault rifle" has a definite meaning. It means a carbine capable of firing single shot or multishot (including fully automatic).

This gun was not that. It was a one-shot-per-trigger-pull AR-15.

But the prosecutor demanded the cop swear that an "assault rifle," like an M-16, had been brandished.

That sort of lying might be acceptable in a campaign ad -- but in a filing to a judge, it's a fraud on the court and it's criminal.

But then again, this entire prosecution was just one big Campaign Ad for Kim Gardner's reelection, wasn't it?

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.

It was open because the Peaceful Protesters smashed it open.

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 left a threatening voice mail stating he was "done with this crap" and that the cop had better start certifying what Hinckley was ordering him to certify.

In addition, there were a lot of threats made by the Peaceful Protesters which are all heard on videotape of the incident -- which Hinckley, of course, did not note in his filing.

I heard about this from Robert Barnes on Viva Frei.

This isn't a leak, but a response to a FOIA request. But here's the thing: Barnes said he's never in his life seen such a rapid, fulsome response to a FOIA request.

In other words: The cops couldn't wait to comply with this FOIA.

Barnes credits Matt Christianson for being the person who found this nugget. His video is below.






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