Crime & Safety

First Witness Takes Stand in Gardner Case

10-year-old girl said Gardner touched her while during a sleepover.

A 10-year-old girl was the first witness called to testify in the sexual battery case against Michael A. Gardner Tuesday morning.

Wearing sparkling-framed sunglasses, the girl detailed her account of what happened the night of June 18 during a birthday sleepover for Gardner’s daughter. She said she was asleep in her sleeping bag that night when she was awakened by the sound of her bag being unzipped.

“I looked to see who was doing it and I saw Mr. Gardner,” the girl said. “He flipped over the side of the sleeping bag then he pulled up the waistband of my pants and put his hand in.”

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The prosecution and defense . Loudoun County Deputy Commonwealth Special Attorney Nicole Wittmann called the girl to the stand. Wittmann displayed the girl’s sleeping bag, pajamas and underwear to the jury as evidence, asking the young girl about each item. An enlarged anatomical drawing used by the police also was admitted and the young girl was asked to point on the picture where Gardner allegedly touched her.

Gardner is accused of touching two girls in a sexual manner during a birthday sleepover for his daughter. 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.

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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.

The first witness Tuesday answered Wittmann mostly in yes and no answers until the prosecutor began asking detailed questions about June 18. The girl said after Gardner used his finger to penetrate her, he left the basement and returned upstairs and she went back to sleep not knowing what to do. At breakfast the next morning, the girl said she didn’t see Gardner.

A group of girls at the sleepover played after breakfast when the alleged victim told another that “my girl parts hurt.”

On their way to see her father later that day, the girl told her mother the same thing and then detailed the attack. The girl’s parents took her to the city of Falls Church police to file a report. The girl was then taken to an area hospital for an examination.

Gardner posted a $50,000 bond following his arrest.


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