Gardner Trial Set for October


July 21, 2011

Michael Gardner’s jury trial on sexual abuse charges will be held in October in Arlington Circuit Court.  However, defense attorney Peter Greenspun said during this morning’s proceedings that each of the three counts “by statute” should be tried separately, rather than jointly as the prosecution prefers.  Presiding Judge Joanne Alper did not rule on the issue.

Most of the brief hearing involved disucussion of a trial date, tentatively set for October 3.  Mr. Greenspun said that he expected the trial to last four days.

The charges involve two counts of aggravated sexual battery and one of object sexual penetration involving three girls.  Two of the girls are 10 and one is 9.

Mr. Gardner was indicted by the Arlington Grand Jury last Monday.  The offenses allegedly occured in the Gardner home on June 16 and 18.  He was arrested by Falls Church Police on June 22.

The accused’s wife sat by his side during the proceedings.

July 21, 2011 


3 Responses to “Gardner Trial Set for October”

  1. Dave Phelps, Falls Church City on July 25th, 2011 2:45 pm

    I do hope that if he is guilty he will not put the victims or his family through a trial. It would also likely impoverish his family too. Sad situation for all concerned. I wonder what happened to the DNA tests that were announced early in this?

  2. Outdoorenthusiast on July 25th, 2011 2:56 pm

    I doubt any of the DNA tests have come back yet. In reality, thisi isn’t CSI. Most DNA tests (court admissable, not the “whos your dad” home kits), take months before they return with a finding.

    Although we consider this a big deal in our city, the one or two DNA labs in Virginia view this as a crime that
    1) didnt result in death (like a serial killer)
    2)suspect is identified and not likely to continue commiting the crim (like a serial rapist on the loose), and
    3)all parties involved have been identified (not like trying to rule out three persons accused of the same crime.

    I wouldnt be suprised if the DNA work is sitting in the labs store room until they can get to it (along with every other case that they have involving DNA for the entire state).

  3. Outdoorenthusiast on July 25th, 2011 2:58 pm

    Even if the DNA is back, why would they tell us….its for trial, not public amusement or gratification. Everything will go to the defense (discovery). Wait for trial! Thats what they mean when people say “everyone gets their day in court”.

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