JACKSONVILLE, Fla. – The state has responded to a motion filed last month by Shanna Gardner’s defense team that claimed prosecutors had withheld evidence from the defense.
Gardner and her estranged husband, Mario Fernandez, are charged in what prosecutors say was a murder-for-hire plot in the death of Gardner’s ex-husband, 33-year-old Jared Bridegan, in early 2022.
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Jose Baez, Gardner’s lead defense attorney filed the motion advising the court of “critical evidence” not being turned over to the defense.
Baez said much of the motion surrounds incidents and testimony that took place during Gardner’s bond hearing, known as an Arthur Hearing, on May 15.
Baez accused the State Attorney’s Office of withholding favorable evidence, and Detective Chris Johns of lying under oath. He specifically referred to Johns’ testimony where he spoke of certain text messages that were exchanged between two witnesses identified as “SL” and “KJ.”
The state argued the messages were about Gardner seeking help in hiring a hitman to kill Bridegan. However, Baez said the text messages were a long-running joke, and everyone involved knew it.
Baez said the state had not disclosed those messages before the bond hearing.
But the prosecution in its response pointed out that the text messages the state used in the hearing were included in a transcript that was sent to the defense in January.
In his motion, Baez also mentioned that after the hearing, two witnesses contacted him wanting to set the record straight and gave sworn statements.
“Both witnesses submitted affidavits clarifying their position and basically saying that these statements were completely taken out of context, and they are completely, utterly false,” Baez said.
Prosecutors said it will be up to the court or a factfinder to determine the value of the messages and whether they were part of a long, on-going joke.
A woman named during the hearing told Gardner’s attorney that Detective Johns lied on the stand about trying to contact her.
In their response, prosecutors say Johns clarified he could not remember the effort made to contact the second woman named -- because he did not have case notes with him in court.
The prosecution said if “Detective Johns’ recollection was mistaken, he will be subject to impeachment during any future testimony.”
Gardner is under indictment for first-degree murder and facing a possible death penalty. She’s being held without bond.