Breaking News
More () »

Appeals court temporarily halts search of seized server from circuit attorney's office

After months of legal battles that reached the state's highest court, the special prosecutor will have to wait a little longer to access a crucial piece of evidence for his perjury investigation
Circuit Attorney Kim Gardner

UPDATE: There's another twist in the ongoing legal battle over the e-mail server for the St. Louis Circuit Attorney's Office.

Missouri's Eastern District Court of Appeals ruled late Wednesday a special prosecutor can maintain physical custody of the server.

However, circuit attorney employees do not have to immediately turn over user names and passwords granting access to the server.

This is all until the court issues any further order on the matter.

Additionally, the court is asking for a transcript of the grand jury proceedings involving the witness box for in-camera review.

To date, recently filed court records indicated that at least two circuit attorney employees have testified before the grand jury as part of the special prosecutor's investigation.

Here is the previous story as reported earlier this week.


ST. LOUIS — After months of legal battles that reached Missouri's highest court, police now have their hands on Kim Gardner's e-mail server.

5 On Your Side has learned the server was seized from the St. Louis Circuit Attorney's Office on Monday afternoon.

RELATED: St. Louis police, special prosecutor seize email server from Circuit Attorney Kim Gardner's office

It's all part of an ongoing perjury investigation into William Don Tisaby.

Tisaby is a former FBI agent who Gardner hired when she was investigating former Missouri Governor Eric Greitens for invasion of privacy.

All charges against Greitens have since been dropped.

St. Louis police, working with special prosecutor Gerard Carmody, spent months trying to execute a search warrant in Gardner's office.

The warrant, according to court records, sought electronic communications and files from Gardner's office for a six-month period in 2018.

But she and her team, which consists of three potentially expensive private law firms from out of town, fought the warrant all the way to the Missouri Supreme Court, which ruled against her efforts.

In January, a grand jury was convened to consider charges of whether Tisaby lied under oath during a deposition that was videotaped.

Gardner's office has said it already complied with one search warrant from Carmody seeking e-mails related to Tisaby over a six month period in 2018

She has said the second, more contested search warrant was overly broad and would've netted confidential information and people and cases that are unrelated to Tisaby and the Greitens case.

Gardner's server, as it's been described to 5 On Your Side, contains hundreds of thousands of highly sensitive files about past and current crimes, victims, defendants and investigations.

It's sensitive information, her team argues, that they have a sworn duty to protect.

In court filings, Carmody's team has argued that executing the search warrant is well within their rights and suggested Gardner is trying to intentionally obstruct his investigation

Gardner's team maintains they were not trying to impede the special prosecutor's case, but are obligated the protect the information of everyone involved with their office.

There is a gag order in the matter, so the parties involved are not allowed to comment.

Before You Leave, Check This Out