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McCloskey indictments remain under seal

Suppressed indictments are usually used for dangerous fugitives or flight risks

ST. LOUIS — The grand jury indictments against Mark and Patricia McCloskey have been suppressed — a move typically reserved for dangerous fugitives or flight risks.

The McCloskeys made international headlines after photos of them pointing guns at protesters went viral.

5 On Your Side confirmed a St. Louis grand jury indicted the Central West End couple on exhibiting a weapon and tampering with evidence charges through sources familiar with the documents.

However, the documents remain hidden from public view.

Circuit Attorney Kimberly Gardner's office did not respond to multiple requests for comment Tuesday.

Grand jury indictments are typically suppressed to protect police officers by giving them the element of surprise when trying to arrest a dangerous person or to avoid tipping off a suspect prosecutors believe could be a flight risk. 

So, no one should know the indictments exist until there's an arrest — not even the McCloskeys.

The McCloskeys' attorney, Joel Schwartz, said Tuesday he has not seen any official documentation showing his clients have been indicted. 

The charges will become public once the couple is formally arraigned. At that hearing, a judge will have to read the charges against the couple and they will enter a plea so the case can proceed to trial.

That hearing is typically set after an arrest is made.

On Tuesday, just hours before the grand jury indicted them, judges postponed the McCloskeys' court date to Oct. 14. That hearing was set for the original charges Gardner issued against them of unlawful use of a weapon.

The grand jury indicted the McCloskeys on different charges — exhibiting a weapon and tampering with evidence.

So, it's unclear whether the Oct. 14 hearing will stand.

As of late Tuesday night, public court records showed the Oct. 14 hearing is still scheduled to take place, and there was no trace of the grand jury indictments.

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