– , 33, was killed in February 2022 when he was shot multiple times at close range after stopping to remove a tire from the road.of first-degree murder with a weapon, conspiracy to commit first-degree murder, solicitation to commit a capital felony and child abuse unlawfully obtained privileged communications between Fernandez and Gardner, and communications protected by attorney-client privilege as evidence.
Although a so-called “taint team” was initially created to redact privileged communications, the defense claims that the SAO continued to use privileged information, such as a document titled “Confidential Communications.” The SAO insisted the document was not confidential, and the defense was denied access, according to a motion.the intercepted communications.
The defense said in a motion that the actions of the lead prosecutor are “demonstrating a clear lack of concern” for Gardner’s rights and represent “outrageous government conduct.” Gardner’s defense said if the indictment against her is not dismissed, all of Gardner’s communications should be suppressed and the 4th SAO removed from the case.
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