JACKSONVILLE, Fla. – Defense lawyers for Shanna Gardner, the woman accused of plotting to kill her ex-husband, said in court on Thursday they’re not willing to make another agreement with the State Attorney’s Office on the viewing of contested communications, because prosecutors violated the first agreement, and violated Gardner’s attorney-client privilege.
Gardner and her now estranged husband Mario Fernandez are accused of hiring Henry Tenon to kill Gardener’s ex-husband, Jared Bridegan, a 33-year-old St. Johns County father, in Jacksonville Beach in 2022. Tenon has admitted to shooting Bridegan after ambushing him by leaving a tire in the road on Bridegan’s route home.
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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 Nelson’s office removed from the case.
The issue is whether members of the prosecution team saw privileged communications between Gardner and her attorneys and if so, did that give the prosecution unlawful access to attorney-client communications? Access to privileged communications could deny Gardner her right to a fair trial under the 6th Amendment to the U.S. Constitution.
There was supposed to be a hearing on Thursday about the admissibility of the communications, but it didn’t happen because the two sides have been unable to agree on ground rules.
The defense says it “can’t roll over and agree” to let any other federal agents or lawyers review the contested communications, telling Judge London Kite the feds work with the state, and that first handshake agreement was violated when the state got hold of privileged communications and shared them with a federal agent.
The defense contends there’s no remedy for the damage done to Gardner’s constitutional rights, and has filed a motion to dismiss the indictment, but that was not argued today.
Judge Kite told both sides she has “to find a path forward” regarding the review of the contested communications, and expressed the hope that the state and defense would be able to come to agreement.
Next up is a hearing April 19 on the defense motion to disqualify Melissa Nelson’s office from the case.
Gardner was in court Thursday, but did not speak.