JACKSONVILLE, Fla. – The case against a couple accused of conspiring to kill 33-year-old Jared Bridegan in 2022 remains delayed until a judge rules on whether the State Attorney’s Office should be disqualified from the case.
Prosecutors have filed a motion asking that the judge who makes that decision be the special master who was appointed to review communications captured via a search warrant that are at the center of a defense motion to bar the State Attorney’s Office from trying the case against Shanna Gardner and Mario Fernandez.
Gardner and Fernandez are accused of hiring Henry Tenon to kill Bridegan. Tenon has admitted to shooting Bridegan after ambushing him by leaving a tire in the road on Bridegan’s route home.
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.
Under review
Investigators got warrants for Fernandez’s 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 the defendants’ 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 state wants Foster to be the one to decide whether prosecutors are disqualified from the case, not Judge London Kite, who is presiding over the murder trial. That motion is being considered after arguments were made by both sides in court Monday morning.
Among the contested materials Foster 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 the “Confidential Communications” document. 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 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.”
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.
Again, until the disqualification issue is resolved, the case is on hold.
