Crime & Safety

Sexual Assault Conviction Overturned in Michael Gardner Case

Witness questioning was wrongly excluded during trial, according to Virginia Supreme Court.

Virginia's Supreme Court has overturned the conviction of Michael Gardner, a prominent Falls Church Democrat who was accused of sexually assaulting two girls in 2011 during a sleepover for his daughter's birthday.

Gardner was sentenced to 22 years in prison, but has continued to claim his innocence throughout the appeals process. "We're not giving up," his wife, Robin Gardner, told Patch in 2013 regarding the appeal process.

On Thursday, the Supreme Court said the lower courts were wrong to reject defense questions of two character witnesses regarding Gardner's reputation as a good caretaker of children.

According to The Washington Post, the commonwealth will have to decide on a retrial.



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