Thursday, March 21, 2013
Gardner’s wife said he would continue pursuing an appeal.
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 …
Wednesday, January 9, 2013
Lawyer for Michael Gardner said it could take months to have an appeals hearing.
Falls Church resident Michael Gardner, who was convicted of molesting two girls at his daughter’s sleepover in 2011, is appealing his 22-year prison sentence. Robin Gardner, Michael’s wife, said they knew immediately after the trial they would be appealing the conviction. She said Gardner receives letters from family and friends and can have visitors twice a week for 20 minutes each. “He’s doing as well as to be expected,” she said of her husband in a telephone interview Tuesday. “He has a lot of support from family and friends.” Gardner’s legal team, headed by Fairfax City-based attorney Peter Greenspun, filed the appeal on Jan. 2. Gardner was found guilty in May after he was accused of touching two girls in a sexual manner during a …
Friday, September 7, 2012
The convicted child molester was sentenced Friday for sexually assaulting girls who spent the night at his daughter's sleepover.
Falls Church resident Michael Gardner, convicted in May of molesting two girls during his daughter’s sleepover birthday party last year, was sentenced Friday morning to 22 years in prison. The girls who attended the party, held in June 2011, were ages 9 and 10. Judge Benjamin Kendrick gave Gardner, husband of former Falls Church mayor Robin Gardner, all of the 22 years a jury recommended earlier this year. Gardner and his wife, who were surrounded by family and supporters in a packed courtroom, appeared stoic when they heard the sentence. Before Kendrick, who spent most of the three-hour sentencing hearing squinting with his fingers resting on his temples, announced his decision, Gardner read a statement maintaining his innocence. "I have …
Thursday, May 3, 2012
Families look to getting their lives back on track.
After an Arlington County jury recommended a 22-year sentence for convicted sex offender Michael Gardner, the parents of one of his victims said they hoped the children Gardner attacked would grow up to be brave, strong citizens. Their daughter was 9 years old when Gardner sexually abused her during a slumber party for his daughter. The girl, now 10, struggles with trust issues, her parents said. They called the attack a life-changing act. “I can face my children now and say there’s been justice,” the mother said outside the Arlington County Courthouse on Wednesday. Gardner was convicted of two counts of aggravated sexual assault and one count of object sexual penetration Wednesday. Judge Benjamin Kendrick said Gardner will formally be …
Wednesday, May 2, 2012
Gardner will be formally sentenced Sept. 7.
Update (5:47 p.m.): An Arlington County jury recommended convicted sex offender Michael Gardner spend 22 years in prison. He will be formally sentenced Sept. 7. Gardner was found guilty of two counts of aggravated sexual assault and a count of object sexual penetration Wednesday afternoon. Original post (3:23 p.m.): An Arlington County jury will decide what punishment to give Gardner after he was convicted of two counts of aggravated sexual battery and a single count of object sexual penetration. Judge Benjamin Kendrick ruled a mistrial in the third aggravated sexual battery charge because the jury could not come to a unanimous decision. Kendrick said each aggravated sexual battery charge carries a term of one to 20 years. The parents of …
Judge declares mistrial in third aggravated sexual battery charge.
Convicted sex offender Michael Gardner faces five years to life on the single charge of object sexual penetration. An Arlington County jury will decide what punishment to give Gardner after he was convicted of two counts of aggravated sexual battery and a single count of object sexual penetration. Judge Benjamin Kendrick ruled a mistrial in the third aggravated sexual battery charge because the jury could not come to a unanimous decision. Kendrick said each aggravated sexual battery charge carries a term of one to 20 years. The parents of the two young victims read impact statements on the stand Wednesday. “When we talk about this it always brings tears to her eyes,” said the father of one of the 10-year-old victims. “She always says, ‘He …
After more than a day of deliberation, an Arlington County jury found Gardner guilty.
After five days of testimony and evidence, an Arlington County jury found Michael Gardner guilty of two counts of aggravated sexual assault and a count of object sexual penetration Wednesday afternoon. Judge Benjamin Kendrick asked the jury forewoman if she and her colleagues could come to a unanimous decision on a fourth charge but she said they couldn’t. The Circuit Court judge will give the jury more time Wednesday to deliberate on the fourth charge longer. An elated Nicole Wittmann walked from the courtroom smiling after the verdicts were read. Wittmann, the Loudoun County Deputy Commonwealth Special Attorney said she was “very satisfied,” with the verdicts. Kendrick ordered Gardner taken into custody after the verdicts, against the …
Tuesday, May 1, 2012
Commonwealth, defense present three hours of closing arguments Tuesday.
Attorneys in the sex abuse trial of Falls Church political and civic activist Michael Gardner gave long, emotional closing arguments Tuesday in Arlington County Circuit Court. Gardner, 48, is accused of molesting three young girls last summer — one, his daughter's best friend who was sleeping over one night in June; the other two, the next night during a birthday slumber party. During the short recesses Tuesday, Gardner spoke and sat briefly with his wife, Robin, and family and friends. Robin Gardner is a former mayor of Falls Church and a sitting councilwoman. He has formally been charged with three counts of aggravated sexual battery against a minor under 13 years old, each of which carries a prison sentence ranging from one to 20 years…
Monday, April 30, 2012
Gardner said he never touched girls who accused him.
Falls Church political and civic activist Michael Gardner said in Arlington County Circuit Court on Monday that he has never had sexual interest in children and has never touched one in an inappropriate manner. Gardner, 48, is on trial for allegedly sexually abusing three young girls at his Falls Church home last June — one during a sleepover with his daughter and two more the following night during his daughter's birthday slumber party. The girls were 9 and 10 years old at the time. Gardner's wife, Robin, is a former mayor of Falls Church and a current sitting councilwoman. Her testimony Friday called into question the stories told by the three young girls, according to news reports. During the sleepover, Gardner said he worked until …
Thursday, April 26, 2012
Expert testified in Gardner trial that the defendant’s DNA was present on tested sample.
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 …
Johnny Peace
3:00 pm on Tuesday, September 18, 2012
In Arlington....."based on what I know of the evidence.....I would likely not have found this man guilty".... what is your point? You don't know all the evidence and of course you would find him not guilty. more ›