Second Day of Gardner Trial Starts With Another Alleged Victim

For a second day, the prosecution in the Michael Gardner sexual battery trial called a young witness to the stand to testify.

The 11-year-old witness said she was at the June 2011 slumber party for Gardner’s daughter and alleges she was touched in a sexual manner. The girl said she was asleep in the basement of Gardner’s home when, in the wee hours on June 19, she says Gardner fixed the comforter covering her, which awakened her. The girl testified that she thanked the man and she went back to sleep.

The girl alleged that Gardner returned to the basement, touched her vagina outside her pajamas then retreated upstairs before repeating the act a second time. The girl said Gardner then returned a third time to touch her but she rolled over and he fled to the opposite side of the room. She said he then returned a fourth time and allegedly touched her under her pajamas.

She said she was awake through all four of the alleged incidents, but remained frozen in confusion. During the fourth incident, she said she acted like she was awake and Gardner fled the basement.

“I didn’t want him touching me,” she said from the stand.

The girl said she tried calling out to Gardner’s daughter in whispers only to have the girl lift her head shortly and then she went back to sleep.

The next day the girl said she and the first witness talked. The to testify in the case, who also alleges she was touched, asked if there was anything wrong with her private parts as well?

“I told her yes and it was Mr. Gardner who did it,” the girl said during her testimony Wednesday.

When her father picked her up from the Gardner’s home, the girl said she told her father who was instantly angered and drove the girl home to her mother before taking her to an already scheduled doctor’s appointment. The girl said she was examined and then taken to meet with City of Falls Church police to give a statement to detectives.

Gardner is accused of touching two girls in a sexual manner during a birthday sleepover for his daughter. They were 9 and 10 years old at the time. A third alleged victim, who was 10 years old at the time, has accused Gardner of touching her in a sexual manner in a separate incident. The third girl testified in July about the separate incident, which allegedly happened June 16.

Gardner's children and wife are expected to take the stand during the trial. Robin Gardner is a current Falls Church councilwoman and former mayor of the city.

Gardner is out on a $50,000 bond.