JACKSONVILLE, Fla. – Mario Fernandez, the man accused of conspiring with his wife to kill her ex-husband in 2022, appeared in court Thursday as potential evidence was handed over to a judge for review.
Fernandez and Shanna Gardner are accused of hiring Henry Tenon to kill Jared Bridegan, 33, who was killed in February 2022 when he was shot multiple times at close range after stopping to remove a tire from the road.
Gardner’s appearance in court was waived.
Gardner and Fernandez both face charges of first-degree murder with a weapon, conspiracy to commit first-degree murder, solicitation to commit a capital felony and child abuse (because Bridegan’s then-2-year-old daughter was present during the murder). Prosecutors are seeking the death penalty for both.
Gardner’s lawyers have filed a motion to dismiss the indictment against her and both defense teams want State Attorney Melissa Nelson’s office removed from the case.
Investigators got warrants for Fernandez and Gardner’s communications, and their attorneys say not only did some of those communications include confidential attorney-client communications, they were incorrectly shared with the prosecution, which the prosecution denies. If privileged communications were shared with prosecutors, that could violate their Fifth Amendment rights against self-incrimination.
Judge Robert Foster was appointed by the court to determine which of those communications captured via a search warrant must be shielded from prosecutors. The judge said they were not arguing about those documents on Thursday because he hasn’t even seen them yet.
Among those contested materials he will review is a word document concerning Fernandez titled “Confidential Communications” and dozens of emails between Gardner and her attorney, and a recorded phone call between Gardner and her attorney.
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Although a so-called “taint team” was initially created to redact privileged communications, the defense claims that the SAO continued to use privileged information, such as a document titled “Confidential Communications.” The SAO insisted the document was not confidential, and the defense was denied access, according to a motion.
Gardner’s lawyers said the lead prosecutor for the 4th Judicial District joined the “taint team” formed to screen communications the intercepted communications. Their 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 a 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.
Gardner’s defense said if the indictment against her is not dismissed, all of Gardner’s communications should be suppressed and the 4th SAO removed from the case.
Until the disqualification issue is resolved, the case is on hold.
