Thursday, March 26, 2015

Gardner Prevails As Prosecutor Moves to Dismiss Charges: Actions of LPD Officer Called Into Question; How Much Did the State Spend To Persecute an Innocent Victim?



Gardner Exonerated!
Good things come to those who wait. After two years and over a dozen trips to the Courthouse, Erin Gardner was exonerated when Tippecanoe County prosecutors dropped all charges against her this week.

It came as no surprise to Gardner, who finally got her day in court last week after her newly-appointed special attorney filed a Motion to Suppress Evidence at her repeated request.

Gardner had been offered several plea deals over the past several months, including one stating that all charges would be dropped in exchange for a simple diversion plea. Gardner said her civil rights were not for sale and continued to press for a jury trial in spite of multiple attempts by prosecutors to add additional charges each time she turned down the offers. 

Gardner also knew there were plenty of prior upper court rulings to support her case.  She had been trying for two years to convince her court-appointed attorneys to file a Motion to Suppress without success.

"They're so programmed to work out plea bargain deals when they should be focused on getting justice for their clients," said Gardner.  "We need to trust the jury system and stop compromising our rights away."

"The higher courts have already ruled on these issues, so why would I plead my rights away when the law is in my favor?" asked Gardner. 

At the hearing, Officer Webb testified on behalf of the state and offered such weak testimony that the judge reportedly appeared to be skeptical of the state’s claims as well as the officer’s lack of judgment.

Judge Persin reportedly questioned the rationale of prosecutors in bringing a minor infraction case to the point of a jury trial. The newly-elected judge also reportedly commented that Gardner was not required to provide identification as a passenger, nor did she do anything wrong by turning away from the officer during the incident after Webb testified that they were motives for her arrest. 

The judge also didn't appear to buy into the rationale that Gardner "might have not been wearing her seatbelt" as a probable cause action.  There was absolutely no proof offered that Gardner was not wearing her seatbelt when officers spotted the vehicle from a distance that she was riding in at around 2 a.m when it was dark.  The judge reportedly questioned the rationale of prosecutors presenting a case based upon the "possibility" she may not have been wearing a seatbelt.

Gardner claims that she is religious about wearing a seatbelt and that she believes Webb came up with the bogus charge after he realized he had violated her civil rights. 

[Watch the dashcam video of Webb violently yanking the 100 pound woman from the backseat of the car while another officer gawks at her as she is being searched in her private area.]

 

After it became clear that the judge wasn’t buying into the bogus charges, Gardner said Webb suddenly became evasive upon follow-up questioning.

“He suddenly couldn’t remember anything,” said Gardner. “But I will never forget the way he violated my rights and the way he yanked me from the backseat of the car with such force that it caused injury.”

Gardner also recalled the humiliating scene in the emergency room and later learning that Webb had made untrue and slanderous allegations about drug use to hospital staff.  

"I am standing up because I don't want anyone else to go through what I went through," said Gardner.  "It has caused great physical and emotional harm."

“It was obvious that this case was not about justice at all in their minds,” continued Gardner. “It was an example of malicious prosecution simply because I exercised my rights and I wouldn’t cooperate with their corrupt plea bargain system."

Gardner said she would like to research how much the malicious prosecution cost taxpayers. She estimates the cost to be in the thousands of dollars since prosecutors conducted several depositions at taxpayer expense, not to mention the multiple court hearings.  Gardner said she wouldn't be surprised to learn that the cost to taxpayers to be in excess of $30,000 for the infraction case.

“They not only abused their power, they also wasted court time and taxpayer money,” said Gardner. “The public should know how their tax dollars have been misused by public officials on power trips.”

Gardner believes that Prosecutor Pat Harrington should answer for the malicious prosecution from his deputy prosecutors.

"The buck stops at his desk," commented Gardner.  

Gardner said she felt hopeful after Judge Les Meade was voted out of office.  Meade had made several derogatory remarks to Gardner in past hearings, so she did not feel she would get a fair trial under his jurisdiction.

"Judge Persin treated me with respect and he was professional," said Gardner.  "I feel hopeful that justice will be dispensed in his courtroom, and I'm thankful that he put an end to this nightmare."

4 comments:

  1. What an upgrade, with this new judge. Sounds like he is interested in upholding the law not creating a kingdom......

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  2. We need to form a local Fully Informed Jury Association and invite Erin as its first guest speaker.

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  3. Why is officer Webb still on the police dept?

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  4. We need more journalism like this blog. Thank you.

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