JACKSONVILLE, Fla. – The judge is expected to formally rule on Shanna Gardner and Mario Fernandez’ motions to have the State Attorney’s Office kicked off the case on Monday morning.
Gardner and Fernandez are charged with conspiracy to commit murder in Jared Bridegan’s death. Bridegan was ambushed, shot, and killed just moments after he dropped off the twins he shared with Gardner in early 2022.
The admitted gunman, Henry Tenon, was arrested and charged a year later.
Later on, Bridegan’s ex-wife, Gardner, and her new husband, Fernandez, were arrested and charged. They face the death penalty if convicted.
Attorneys for both Gardner and Fernandez said Melissa Nelson’s office should be booted from the case after privileged communications, including emails and text messages, were incorrectly shared with the prosecution. They argued that this was a violation of Gardner and Fernandez’ constitutional rights.
The judge was supposed to hand down her ruling earlier this month, but it was delayed once again after defense attorneys filed more motions and asked to examine the lead prosecutor, Christina Stifler.
Gardner did not appear in court on May 2, but her attorneys and those of her husband once again pushed for the State Attorney’s Office to be removed from the case.
The State Attorney’s Office has admitted it intercepted private communications through a search warrant, but the prosecutors said they never read them. So, they argue the couple’s attorney-client privilege was not violated.
But the defense said it doesn’t erase any cloud of suspicion.
“Overall, what this court has heard over the days of these evidentiary hearings, is that the state engaged, and by state, I mean their team including the ATF and the Jacksonville Beach Police Department, engaged in reckless and grossly negligent conduct. And there is a clear appearance of impropriety that warrants a remedy,” the defense attorney said.
Assistant State Attorney, Alan Mizrahi, fired back, saying the defense’s calls to remove the state attorney’s office put an undue burden on citizens.
“People, the citizens of this jurisdiction have elected Melissa Nelson to be their state attorney to prosecute these cases. Removing her is obviously the court has the power to do it, but has to be very cautious. In the judicial branch affecting the executive branch and the legislative branch,” Mizrahi said. ”Ms. Stifler has worked thousands of hours on this case. No one could ever replace the amount of work that she has put into this case.”
Judge London Kite will make the final decision on Monday.
The defense attorneys said if Judge Kite denies the request to remove the prosecutors, at the very least, the State Attorney’s Office should be sanctioned, and the communications thrown out.
Gardner’s attorneys will argue their client’s motion to be given bond.
The hearing is set for 9 a.m. at the Duval County courthouse.