Greenspun Wants Expert's Testimony Stricken

The defense attorney in the sexual battery trial of Michael Gardner has asked that an expert's testimony be stricken.

Gardner's attorney Peter Greenspun made the request after Dr. Mark Perlin told the court that computerized data was first sent to Richmond before reaching his Pittsburgh office.

The data, results from tests performed on clothing worn by two alleged minor victims in the case, originated from the Virginia Department of Forensic Science's office in Manassas.

Perlin, chief scientist for the Pittsburgh-based Cybergenetics, testified that electronic data sent to his office was put through further computer testing that showed Michael Gardner's DNA represented 25 percent of a DNA mixture found in the underwear of one of his accusers. The girl's DNA matched the other 75 percent, Perlin said. Perlin said the DNA found on the second girl's pajama pants is 3,000 times more likely to belong to Gardner than anyone else.

Greenspun said he has an issue with the chain of command in the delivery of the data since it was not sent directly to Perlin from Kelly Loynes. Loynes, who testified Wednesday, is with the Virginia Department of Forensic Science.

Gardner is accused of touching the two girls in a sexual manner during the sleepover. They were 9 and 10 years old at the time. A third alleged victim, who was 10 years old at the time, has accused Gardner of touching her in a sexual manner in a separate incident. The third girl testified in July about the separate incident, which allegedly happened June 16.

Gardner's children and wife  are expected to take the stand during the trial. Robin Gardner is a current Falls Church councilwoman and former mayor of the city.

Gardner has posted $50,000 bond.