Michael Gardner’s First Conviction Appeal Attempt Denied

Michael Gardner, convicted of two counts of aggravated sexual assault and a count of object sexual penetration in May, had his first appeals attempt denied Wednesday.

Gardner’s attorney, Peter Greenspun, has 14 days to respond to the action and go before a three-judge panel. Greenspun did not respond to two telephone messages left for him.

According to court records, “Based upon a review of the circumstances in this case, the trial court did not abuse its discretion in accepting the verdicts on the three charges and declaring a mistrial on the fourth charge.”

Gardner’s wife and former City of Falls Church councilwoman Robin Gardner said they would continue pursuing an appeal. Gardner filed the appeal in January.

“Our understanding is this is one step in a process,” she said Thursday morning. “We’re not giving up.”

Gardner was found guilty in May after he was accused of touching two girls in a sexual manner during a birthday sleepover for his daughter. The girls were 9 and 10 years old at the time. The prosecution introduced DNA evidence they said didn’t exclude Gardner who took the stand in his own defense in April. The two victims also took the stand during the trial.

For now, Gardner remains imprisoned at the Arlington County Detention Center and that he remains there instead of in a state facility bothers at least one of the parents of one of Gardner’s victims.

"It was grueling and remains difficult for all involved, but justice has been done, and upheld in no uncertain terms. Citizens of Falls Church should be proud that their young, brave girl citizens have ultimately been heard and protected. Michael Gardner's assignment to the state penitentiary should be acted on without delay, it makes no sense for him to remain in Arlington County jail," the parent said in a written statement.

Gardener is allowed two 20-minute visits a week from family and friends.

Arlington County Sheriff's Office Maj. Susie Doyel said Gardner is one of about 60 state responsible inmates at the detention center waiting to be placed in a facility to serve out their sentence. Doyel said inmates who have been convicted and are awaiting placement at a state detention facility are considered the responsibility of the state. She said there’s no way to say when Gardner will be moved from the facility.

“It’s usually 90 days after a person is convicted before they’re state responsible,” Doyel said. “With the different facilities closing and overcrowding, we still have some state-responsible inmates here.”

More stories in the Gardner case:

• Alleged Child Victims in Gardner Sexual Assault Case Testify in Court

• Gardner Trial Under Way