THREAD re: McCloskey firearm prosecution in St. Louis.
1) The prosecution of Mark and Patricia McCloskey in St. Louis City for unlawful use of a firearm has no legal basis and should be dismissed. This thread will discuss the factual background to the case.
2) While I am a former Assistant Missouri Attorney General, and while @Eric_Schmitt has moved to dismiss the prosecution, all of my thoughts on this matter are made in my personal capacity. I do NOT speak on behalf of the Missouri Attorney General's Office.
3) On the day of the incident, a group of protesters headed north on Kingshighway towards the residence of St. Louis Mayor Lyda Krewson ("A" in the below map). The green line on the map shows the route the protesters presumably intended to take to remain on public streets.
4) But instead of taking the public route, a sizeable amount of protesters decided to go through Portland Pl., as shown by the red line on the map.
5) All of Portland Pl. is a private street off limits to the general public. There is no indication that any of the residents on Portland Pl.--including the McCloskeys--gave the protesters permission to walk through Portland Pl.
6) The entrance to Portland Pl. from Kingshighway ("C" on the map, and displayed in the photos) is sealed off by 3 chained gates. The McCloskey's residence ("A" on the map) is directly behind the north gate (the gate on the right side of the second attachment below).
7) All three gates are locked, including with chains and padlocks. All three gates also have large signs stating, "Private Street. Access Limited to Residents."
8) As a personal aside--I know this area very well, as it is not far from Washington University in St. Louis, where I did both my undergrad and law school. I have regularly driven past this intersection for over 20 years, and the gates have always been shut and padlocked.
9) If you don't have a key to these gates, literally the only way you can Portland Pl. from Kingshighway (short of hopping the gates/wall) is to break the locks and bust the doors open.
10) Missouri defines "trespasser" as someone who "enters the land without consent or privilege." Hogate v. Am. Golf Corp., 97 S.W.3d 44, 47 (Mo. App. E.D. 2002).
11) As it is undisputed that none of the Portland Pl. residents gave the protesters permission to enter the street, every single one of them became trespassers upon passing through the north gate, as shown by the below video.
12) While the north gate does not appear, at the time of the below video, to have sustained the amount of damage it later would (see 4th attachment), this is irrelevant for purposes of trespassing.
13) If you walk up to someone else's house, open their unlocked front door, and enter without permission, you are a trespasser. That you did not break open the door to enter is irrelevant.
14) Similarly, every protester who walked through the gate trespassed onto the McCloskeys' private property, regardless of whether and/or to what extent the gate was damaged.
15) In any event, there is no question that at the time of the video below, the gate had already sustained some damage and was broken open, as it is always shut and locked.
16) As the protesters trespassed onto the McCloskeys' private property, this brings into play Missouri's "Castle Doctrine," which is designed exactly for this type of situation where trespassers enter onto someone's private property.
16) I will do another thread later on why the "Castle Doctrine" applies to the McCloskeys' actions and why it mandates the dismissal of the prosecuting attorney's unlawful use of a weapon charges against them.
17) But it is critical that everyone understand the facts of what took place first. I hope this thread helps in that regard. I will have another threat either later this evening or tomorrow on the Castle Doctrine as it applies to the McCloskeys.
END

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More from @reeveslawstl

18 Sep
THREAD re developing your own appellate practice:
1) Jump at every single opportunity you have to write an amicus brief, even if it is pro bono. #appellatetwitter
2) There are tons of opportunities out there for amicus work, and it can help establish long-term professional relationships. It's a great way to get your name out there, and quite frankly it's also a ton of fun. #appellatetwitter
3) I've been at my solo appellate practice for a year, and I'm amazed at how much amicus work I've been able to do in that time. #appellatetwitter
Read 4 tweets
16 Sep
THREAD re: McCloskey firearm prosecution and Missouri's Castle Doctrine
1) I earlier showed how all the protesters trespassed onto the McCloskey's private property. The castle doctrine mandates dismissal of the McCloskeys' criminal case.
2) Mark and Patricia McCloskey are charged with unlawful use of weapons under Mo. Rev. Stat. 571.030, a Class E felony.
3) Under Section 571.030.1(4), a "person commits the offense of unlawful use of weapons...if he or she knowingly...Exhibits, in the presence of one or more persons, any weapon capable of lethal use in an angry or threatening manner...."
Read 16 tweets
15 Sep
1) THIS. 👇 Per @MattAHay , the McCloskey's ACTUAL PROPERTY includes the part of Portland Place into which the protesters walked.
2) Below is a link to the City of St. Louis's website showing the GIS survey boundaries for the McCloskey's residence. stlouis-mo.gov/data/address-s…
3) As the McCloskys' residential boundaries extend through and beyond Portland Pl. itself, there is no question that, under the Castle Doctrine, the protesters "unlawfully enter[ed]...private property that is owned...by an individual...." See Mo. Rev. Stat. 563.031.2(3).
Read 4 tweets
12 Sep
THREAD (preliminary) re McCloskey procesution
1) I will soon be doing an in-depth thread on the St. Louis criminal prosecution against the McCloskeys for displaying guns against protestors who trespassed onto their private street.
foxnews.com/us/st-louis-bl…
2) The thread will discuss both why the prosecution against the McCloskeys is unjust, as well as why Mo. Atty. Gen. @Eric_Schmitt is right in seeking to file an amicus brief in this matter arguing for dismissal.
foxnews.com/us/st-louis-bl…
3) The McCloskey prosecution hits particularly close to home for me not only bc I live in St. Louis, but also because I served as an Assistant Missouri Attorney General for over 6 years, 3.5 of which was in the office's criminal appellate division.
foxnews.com/us/st-louis-bl…
Read 5 tweets
12 Sep
THREAD (belated) re: Flynn en banc ruling
1) I'm a bit late to the game on this (my apologies), but in terms of the practical impact of the Flynn en banc ruling, I fully agree with @McAdooGordon that it is a Pyrrhic victory at best for Judge Sullivan.
2) Practically speaking, it does not give Judge Sullivan much room to do anything other than hold a (non-evidentiary hearing) and then issue a ruling dismissing the case.
3) In addition, the DC Circuit's opinion makes very clear that it expects Judge Sullivan NOT to conduct an evidentiary hearing in which Judge Gleeson (as appointed amicus) could present evidence outside of what DOJ or Flynn are arguing.
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31 Aug
1) Walker (Griffith's replacement) is not yet on the court. He will be officially appointed on Tuesday. (cont)
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Read 6 tweets

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