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Hearing the call at center of Gardner case

WUSA9 obtains a secretly recorded phone call that was never heard by the jury.
Michael Gardner 2014 mugshot

FALLS CHURCH, Va. (WUSA9) -- Convicted child molester Michael Gardner wants his wife on Governor Terry McAuliffe's commissoin to look at bringing back parole in the state, according to sources. Parents of the girls who were molested by Gardner are hoping that won't happen, and they are writing letters to the Governor asking that child molesters never be granted parole.

This comes as WUSA9 obtains a secretly-recorded phone call that was part of the evidence in the recent Gardner trial concerning the abuse of his niece.  The jury never heard the call because Gardner pleaded guilty right before it was going to be played.   

Not only does the phone call have Michael Gardner's wife, Robin Gardner, a former mayor and City Council Member of Falls Church, acknowledging some of the abuse, but it has her also trying  to convince her brother that they do something else besides press charges.

After Gardner's first conviction was tossed out, his niece came forward with similar allegations and during last month's trial, he suddenly pleaded guilty to all charges involved his niece and the three Falls Church girls he molested as his daughter's slumber party.   His plea came right before the prosecution was about to play three secretly recorded phone calls between Gardner's wife and her twin brother, who is the father of Gardner's niece he molested.  

At one point in the call, the brother tries to get his sister to acknowledge the abuse.  He states exactly what happened to his daughter when she was 12 years old on a visit to the Gardner's home. 

"He put his hand down her pants, OK?  And touched her genitals," the brother says, explaining that it happened partially in the Gardner's bedroom and the Gardners' daughter's room, the same place he abused one of the Falls Church girls.

Mrs. Gardner tells her brother she's certain the abuse of the Falls Church girls did not happen, but then does acknowledge Michael told her something happened with the niece.

"I truly believe that Michael is innocent of these other charges...but I am not saying that the same with (niece) . Okay? "

"He told you what's happened, so it's not like there any question," the brother replies.

"Right," replies Mrs. Gardner.

"She doesn't have to do anything.  She could wait to see how this court case turns out.  to  determine if she wants to do something," said Robin Gardner.

Mrs. Gardner suggests that the niece would be open to just receiving an acknowledgement and said, "All I wanted to do was to voice myself, have somebody hear me and have it acknowledged that yes, something happened. You know. That does not have to involve the prosecution, by law enforcement, the police department, and, you know. That's all I was saying."

Robin Gardner when voiced concern about what she had just said, worrying that the prosecution may ask if she convinced her brother's daughter to not press charges and "then I get arrested." 

Mrs. Gardner suggested to her brother that her niece not press charges.

"He's already spent two years in prison.  It's not like he hasn't been punished for something already," said Robin Gardner. 

The plea deal Gardner made gave Robin Gardner immunity from prosecution in the case, although prosecutors said they were not seeking to charge her. 

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