JACKSONVILLE, Fla. – The State Attorney’s Office on Thursday responded to a motion calling for sanctions against the office filed by the attorneys for Shanna Gardner, who is accused of plotting to have her ex-husband killed in 2022.
The state denied the claims made in the motion, saying Gardner’s motion for sanctions reasserts several failed claims and allegations previously presented to the court.
Jose Baez, Gardner’s attorney, filed the motion which included 12 arguments that accuse the state of abusing its authority.
The state used a previous finding from the court that said they hadn’t made any discovery violations and also said they debunked the claims about issuing illegal subpoenas.
The motion by Baez claimed that the prosecutor issued an “ex-parte investigative subpoena” in June 2024 to J.B., who was identified as an “alleged unindicted co-conspirator” in the case. According to the motion, the use of the subpoena by the prosecutor was “illegal” because Gardner listed J.B. as a defense witness in December 2023.
The state also said it learned about Henry Tenon, the admitted gunman who recently recanted part of his testimony, saying he provided false testimony to the court in a transcript that was buried along with 80 other discovery files.
MORE | Admitted gunman in Jared Bridegan murder-for-hire case changes tune, says testimony was ‘false’
The state rejected the claim that Tenon hadn’t testified truthfully, providing notes from a Jan. 14 meeting with Tenon the day after he was in court, claiming he made a false testimony.
Gene Nichols, a Jacksonville attorney not associated with the case, said those notes stood out to him.
“Why did it take almost two total months, from the date that Henry Tenon went to court and then had a subsequent meeting with the State Attorney’s Office in which his statement alone, ‘I’ve never been to Nocatee,' is absolutely required by the state to give the defense immediately,” Nichols wondered.
The first page of the state’s response to a request for specific discovery references Tenon’s false testimony statement to the court. They claim the statement was ambiguous or equivocal.
“The state’s response is a lot of argument trying to explain away the fact that their key witness walked into court said he had lied, and in a meeting with them, made statements that would suggest that he either lied or is lying, and either way, the defense has an absolute right to know about that,” Nichols explained.
Nichols points out that the notes also say the State Attorney’s Office told Tenon they’re going to put him on the stand regardless of what he says.
Now those notes from Tenon’s attorney have become evidence in the case, and his lawyer is listed as a witness.
“26 years doing this, and I’ve never seen anything like this before,” he said.
He says the next few months will likely be busy as the October trial approaches.
“The next several months are going to be filled with depositions of all of the witnesses to see if they can get this to an October trial, to see if it even makes it to a trial,” Nichols said. “Judge Kite runs a very precise courtroom, and she is going to do everything she can to afford everybody due process, but she’s going to try to get this case tried in October as best as she can.”
Gardner and Fernandez are facing a possible death penalty and are currently being held without bond. Their trial is set to start on Oct. 20. Gardner’s next court hearing is set for March 28.
