JACKSONVILLE, Fla. – Shanna Gardner’s lawyers have filed a motion to dismiss the indictment on Monday, according to court documents obtained by News4JAX.
Gardner is facing a first-degree murder charge in what police called a murder-for-hire plot in her ex-husband’s death in 2022. Her estranged husband, Mario Fernandez, is charged with the conspiracy to kill the father of four.
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Jared Bridegan was shot multiple times at close range in February 2022 after dropping his two older children off at Gardner’s house. Police said he was ambushed with his toddler daughter in the backseat of his SUV after someone left a tire blocking the road.
RELATED: Murder-for-hire plot included practice run along Jared Bridegan’s normal route home: prosecutors
According to the new motion, Gardner’s lawyers said the lead prosecutor for the 4th Judicial District joined the team formed to screen communications that were intercepted and contained attorney and client-privileged information.
The motion said the “infiltration of the taint team constitutes substantial misconduct,” and should at least lead to the 4th State Attorney’s Office being disqualified.
The defense said in the motion that the actions of the lead prosecutor are “demonstrating a clear lack of concern” for Gardner’s rights and represent “outrageous government conduct.”
Over two weeks ago, Gardner and Fernandez stood in a Duval County courtroom as attorneys argued about the inadvertent privacy breach.
The defense said if the indictment is not dismissed, all of Gardner’s i-communications should be suppressed and the 4th SAO removed from the case.
The next hearing is Thursday.