New Development in Michael Gardner Case

By FALLS CHURCH TIMES STAFF

October 11, 2011

WUSA-TV reported this evening that Arlington Circuit Court officials have revealed that semen was found on the pajama bottoms of two of the alleged victims in the child molestation case involving Michael Gardner.

According to the report, lab tests found a DNA profile foreign to the girl.  The lab determined that Michael Gardner cannot be eliminated as the person who left that DNA and that the odds of it being another Caucasian male are one in 20.7 quadrillion.

Sperm also was found on the pajama bottoms of a second girl.  DNA results do not eliminate the accused for a match in this case.  The lab determined that the odds of it being another Caucasian male are one in 3,860.

The events at issue, involving two girls age 10 and one age 9, allegedly occured at the Gardner home on two different dates in June.

The accused was arrested on June 22 and was indicted by the Arlington Grand Jury on July 18 on two counts of aggravated sexual battery and one count of object penetration.  Trial was scheduled to begin on October 3, but the prosecution requested a continuance until January to allow for completion of DNA tests.

By
October 11, 2011 

Comments

15 Responses to “New Development in Michael Gardner Case”

  1. Rob Kahr on October 12th, 2011 9:13 am

    Does anyone know _for sure_ what changed about Mike’s parole agreement? I never saw Mike between June and September and never saw both family cars at the residence, but since September he has been regularly visiting his home for long periods of time. I reside next door so it’s difficult to not to notice when both the van and the Mercedes are in the drive. Without the community knowing the agreement we can’t alert authorities of violating activities…

  2. Anonymous on October 12th, 2011 10:09 am

    Better safe than sorry…notify the authorities until they tell you it’s ok he’s in the house with the kids

  3. Dave Phelps, Falls Church City on October 12th, 2011 10:19 am

    Beyond heart sick for his wife and daughter and all of those damaged by this nasty predator. I hope and pray the families can find some way to heal.

  4. DabbyMac on October 12th, 2011 2:48 pm

    Modified — he can see his kids provided wife with him.

  5. COL Mustard on October 12th, 2011 4:26 pm

    I don’t know how his defense team (and his FCNP supporters) wish this away. Sad for the girls involved and of course for his own family.

  6. Lou Mauro on October 12th, 2011 5:28 pm

    Editors: The “Falls Church Times Staff” reports above as follows:

    “According to the report, lab tests found a DNA profile foreign to the girl. The lab determined that Michael Gardner cannot be eliminated as the person who left that DNA and that the odds of it being another Caucasian male are one in 20.7 quadrillion.

    Sperm was also found on the pajama bottoms of a second girl. DNA results do not eliminate accused for a match in this case. The lab determined that the odds of it being another Caucasian male are one in 3860.”

    Question: whose words are these? Are they from the lab report? The WUSA TV report? Arlington Circuit Court officials? As there are no quotation marks, should we readers assume that they are the words of the FCT staff? Please explain. What is at stake here is far too serious for anything but the most careful and precise reporting.

  7. Mel Watson on October 12th, 2011 8:15 pm

    Remember the original attorney, who was way over his head with this case, who said this all must be a “misunderstanding”? You will get an indication if this guy is guilty or not if or when his current attorney puts law enforcement and the labs in question on trial for sloppy or incomplete work. I know this guy deserves due process but when you heard the two victims describe how he went from one sleeping bag to another ouching themt…and to describe in detail the way it was reported…you really have to wonder could this guy really be innocent.

  8. DabbyMac on October 13th, 2011 1:05 pm

    Mel — All reports came from the prosecution and some very sloppy media reporting. The defense has held all its evidence and cross examination back. Greenspun is a high powered litigator who’s probably licking his chops to get his hands on our police force, the DNA labs and even the witnesses who haven’t seen someone like him in action. The prosecutor comes from a completely different county, so lets hold tight.

    For example, Peggy Lee of WUSA makes it seem that only Gardner’s DNA and sperm existed. If you read Greenspun’s press release, they state that the tests conclude the sperm did not come from Gardner.

    People, especially those who use the name “anonymous” automatically convict based on the media. I’m sure she felt differently last week when Amanda Knox got freed. Lots of parallels and a quick media rush to judgement.

    Notice today on the WUSA site, you can’t find any mention of Peggy Lee’s reporting or her “we stand by our story.” I don’t see this BTW from the FCT, either.

    When the spotlight shines bright and the defense gets a chance to present its case, then we can begin to get a better picture. In the meantime, ask yourself if the defense didn’t think it had a really solid case, why wouldn’t they try to plead out to a much lesser charge earlier?

  9. Brian Sulc on October 13th, 2011 2:03 pm

    Actually, Arlington County does have among its police department and prosecutors people who have had cases with Greenspun as the defense attorney and have prevailed. The prosecutor assigned in this case is from a different county but has experience against some of the best defense attorneys in the D.C. area, if not Greenspun specifically. As for pleading out now, defense attorneys will not usually plead out this early in the game except in rare circumstances. There are lots of reasons for the defense to wait. Even the strongest cases for the prosecution can get worse with time. And for every Knox story, there are thousands of cases where guilty people walk for a multitude of reasons, notwithstanding likelihood or even certainty of guilt. That is the way our judicial system was designed. Moreover, prosecutors are the only kind of attorneys that have the latitude to drop a case based on there own discretion (e.g., inadmissible evidence, would not serve the ends of justice, etc.) Other attorneys are duty bound to serve the interests of their clients regardless of whether they are wrong or right. Prosecutors’ duty, on the other hand, is to pursue what is right for the public good. With people being fallen by nature, there are of course examples where that duty is not met, but from where I’m standing, Gardner is lucky he is not subject to other kinds of more “efficient” justice systems.

  10. Dabby Mac on October 13th, 2011 9:40 pm

    The only thing involved in Arlington County is the forum and judge. The police department on trial here remains Falls Church City. Excellent at speed traps and smoking violations at the Eden Center. Not to much experience in this type of case. I’m wondering if it’s not his semen, then is it a 3rd party male who stayed with them in the house?

  11. frank z on October 13th, 2011 9:51 pm

    The story is still up on WUSA web site but has not been updated.

    http://fallschurch.wusa9.com/news/news/75194-sperm-found-girls-pajamas-child-molestation-case

  12. Lou Mauro on October 14th, 2011 12:27 am

    Thanks to frank z for posting the WUSA story. Apparently something the FCT could or would not do.

  13. Brian Sulc on October 14th, 2011 9:00 am

    Dabby Mac – You are absolutely right. The forum and the judge will be of Arlington County, but I think it’s safe to say a successful prosecution is based on preparation, not simply who testifies or who speaks in the court room. The wealth of corporate knowledge that comes from the offices of Arlington and Loudoun Counties will come into play. FC has some sharp and experienced detectives as well. I think you may be casting too wide of a net with your characterizations of the FC PD (the speed traps annoy me too). As for the defense attorney’s spin on the DNA evidence, don’t forget that he is duty bound to do and say whatever he can within the constraints of the law to get his client off. His job is not to seek the truth. That’s the prosecutor’s job.

  14. HOWNAIVE on October 16th, 2011 3:37 pm

    The Falls Church Police Department has lots of experience with Greenspun. They have worked rapes before. They have done attempted murder cases, large scale narcotics distribution cases. National level fraud cases, etc. Their detectives are known throughout the region for their work on gangs, computer crimes, and crimes against children. As a cop from a neighboring jurisdiction, Falls Church has a good reputation in the region, from both cops, and attorneys. You may not hear about all the things going on in your town, but isn’t that the way you’d like it come property assessment time?

  15. DabbyMac on October 17th, 2011 9:10 pm

    HOWNAIVE– Absolutely agree our police force distinguishes itself from those surrounding it. For example, our force doesn’t shoot citizens in the back and then cover up the crime (Fairfax) or utilize a “shoot first, ask questions later “(Prince George’s). Our police officers seem to be in much better shape, too.

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