RICHMOND, Va. (WUSA9/AP) -- The Virginia Supreme Court has reversed the conviction of a former Democratic activist from Falls Church who was convicted of molesting two children.
In May 2012, an Arlington County Circuit Court jury convicted Michael Gardner of molesting two girls who attended a sleepover party for his daughter's 10th birthday. The jury was unable to reach a verdict on a charge that Gardner molested another child the previous night.
The court reversed the conviction by a 6-1 margin Thursday morning, according to the Falls Church News-Press.
Michael Gardner remains in custody. The prosecution says he will be retried.
The justices heard arguments in April in Gardner's case.
Gardner's lawyer argued in April that separate trials should have been held for the first incident and the sleepover incidents. A lawyer for the state disagreed.
Gardner had been chairman of the city's Democratic committee and his wife is a former mayor.
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