JACKSONVILLE, Fla. – The Jacksonville Beach couple accused in a murder-for-hire plot was in court Tuesday morning and the lawyers for Shanna Gardner continued to argue for her release on bond.
It’s the first hearing for Mario Fernandez and Gardner since her attorney accused of the State Attorney’s Office and detectives of misleading the court about evidence that’s been gathered.
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“We will respond to these spurious allegations in the appropriate venue — the courtroom, not the courthouse steps. We continue to abide by the ethical standards that govern all Florida attorneys regarding trial publicity,” a State Attorney’s Office spokesman responded last week.
MORE: Attorney for Shanna Gardner accuses State Attorney’s Office of withholding ‘critical evidence’ | Lawyers for Shanna Gardner, estranged husband invoke spousal privilege, want judge to review communications between them
The prosecution presented texts from two people it said were talking with Gardner about hiring a hit man to kill Bridegan. The defense wants to call those two witnesses and said they will testify the texts were all in jest. That hearing will be Aug.16.
Gardner is under indictment for first-degree murder and facing a possible death sentence in connection to her ex-husband Jared Bridegan’s murder.
She’s being held without bond, but her attorneys are arguing again that she should be released while the case plays out.
Gardner’s defense attorney, Jose Baez has accused the State Attorney’s Office, of withholding evidence and a detective of lying on the witness stand during a bond hearing.
Baez specifically called out Jacksonville Beach Police Detective Chris Johns.
In a letter to State Attorney Melissa Nelson, Baez claims Johns withheld conversations vital to the investigation and did not disclose recorded information, as required.
Baez also referenced Johns’ testimony in which he spoke of certain text messages that were exchanged between Gardner and two witnesses who were only identified by their initials.
The state argued the messages were about Gardner seeking help in hiring a hitman to kill Bridegan. However, Baez claims those text messages were part of a long-running joke and everyone involved knew it.
Baez said there are still a lot of unanswered questions.
Also during Tuesday’s status conference, it was revealed that the defense has asked the 5th District Court of Appeals to suppress all communications between Gardner and Fernandez. Both are claiming spousal privilege.
Judge London Kite indicated she wants a review of the communications between the two defendants to see which ones would be considered evidence and thus potentially exempt. There’s no timetable for when the appeals court might rule on that.