Gardner disqualified for public defender | PostIndependent.com
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Gardner disqualified for public defender

Byron Gardner
Staff Photo |

While considering a plea deal offered by the district attorney in the case of Byron Gardner, who faces an attempted murder charge, public defenders have determined he does not qualify for their representation.

Gardner faces charges of attempted murder and child abuse stemming from an incident in February, during which investigators say he attempted to kill his wife by keeping her in a closed garage with a vehicle running.

The public defender’s office began representing Gardner on this case while he was still in custody. Defendants who are in custody are automatically qualified to be represented by the public defender’s office.



But Gardner bonded out of jail on June 30 after Judge Denise Lynch lowered his bond from $500,000 to $100,000.

Since then the public defender’s office has reviewed his application for representation and determined that he does not qualify.



Additionally, Deputy District Attorney Sarah Oszczkiewicz said she’s concerned that Gardner has underreported his assets.

Nevertheless, Gardner asked Judge Denise Lynch to review his application and appoint the public defender’s office to represent him.

He’ll next be in district court Aug. 18.


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