On September 24, 2015, Sheldon, Flood & Haywood partners Joseph Flood and Brad Haywood resolved the matter of Commonwealth v. Michael Armin Gardner, a Falls Church case tried in Arlington County (Virginia) Circuit Court, parts of which had been pending for over four years. Flood and Haywood were Mr. Gardner’s third set of attorneys, the first representing him at his initial trial and on appeal, and the second following the appeal, until adverse rulings of the trial court led to their withdrawal. The plea agreement, formalized on September 24, followed over a year of intense pre-trial litigation, and more than 3 days of trial in the Circuit Court. The critical moment followed a significant adverse ruling of the court during trial, issued over the strenuous objections of counsel, which had become a recent pattern in the case. It was this evidentiary ruling that represented the breaking point for Mr. Gardner, who saw his need to protect his family placed at odds with his deep desire to prove his innocence. And ultimately it was his concern for his family that prompted his decision to resolve the case.
Among the motions filed in relation to the case were requests to disqualify the special prosecutors, to exclude the uncorroborated testimony of a career jailhouse snitch named William Hawley, and to dismiss the indictments due to fundamental errors in Arlington’s grand jury procedures. Counsel and Mr. Gardner maintain their strong belief that the court’s rulings were mistaken and that those rulings affected the fairness of the process. Further, had Mr. Gardner’s trial continued , he would have presented alibi evidence proving that the offense could not have occurred as the Commonwealth alleged, likely due to deficiencies in the investigation. This evidence included cell site location information, records of transactions at Regal Ballston Cinema, Kettler Iceplex and Starbucks, telephone records from AT&T and Verizon, financial statements including credit card records from AMEX and Burke and Herbert Bank, eyewitness testimony concerning whereabouts on the several days included in the indictments, investigator testimony about driving times, and the testimony of a meteorologist to establish the time of sundown. As noted, however, significant family concerns in addition to a second trial scheduled for November 30, 2015 precluded the defense presentation of evidence and played a substantial role in reaching an agreement.
Mr. Flood and Mr. Haywood have released the following official statement concerning the case:
“Michael Gardner entered pleas of guilty yesterday to criminal charges pending against him in Arlington County, VA, in exchange for a sentence that will require him to serve an additional 13 1/2 years prior to his release. Based on a series of in-court rulings, Michael concluded that he could not receive a fair trial and that continued proceedings risked unfair attention and potential legal action against his family. His guilty plea therefore represented an effort to protect his wife and children, and moreover reflected a hope that finality will provide all parties involved a sense of closure and an opportunity to heal. For a man who has been maligned as unfairly as Michael, when the time came to make the right decision, he made that decision, and he made it for the right reasons. We admire his courage and conviction, and hope that everyone involved or affected can move forward in their lives, as difficult as that may be.
Joseph T. Flood
Bradley R. Haywood
Counsel for Michael Gardner”
Read more:
WTOP: Ex Falls Church Democratic Official Sentenced
Falls Church News Press: Michael Gardner Pleads Guilty ; Gardner’s Sister Insists on His Innocence
WJLA: Michael Gardner Pleads Guilty
