The content of the motion for dismissal entered last Dec. 20 by attorney Peter Greenspun on behalf of his client, Falls Church resident Michael Gardner, cited that the credibility of the underage children who made accusations of sexual battery against Gardner “is highly significant,” and that the parents of one obstructed and of another lied to the court about whether or not their child was undergoing mental health evaluation and treatment. As a result, it argues, “the impact on the case preparation and trial is now significant.”

It stated that “Gardner faces the most serious of charges and is being deprived of the right to investigate and to appropriately confront the Commonwealth’s case and witnesses, to call for witnesses and prepare for trial.” The therapy records of “a child of hidden therapy who suffered from dramatic mental health issues” are crucial, it noted, and it cited the existence of sperm on the clothing of one child which was not that of Gardner such that “what the court has here is an intrigue of allegations.” In the transcript of the Dec. 20 hearing before Judge Joanne F. Alper, Greenspun cited the “unknown sperm” on the child that was “not Mr. Gardner’s,” noting that “others got that information wrong.”

Prosecuting Attorney Nicole Wittman confirmed, “This unknown sperm, which is true, it is not Mr. Gardner’s. He has been eliminated as a contributor to that.” She added that Gardner’s DNA otherwise could not be eliminated as being on parts of the victims’ clothing, however. Wittmann also confirmed that she did not disagree with the “factual chronology” in the defense motion to dismiss.

Judge Alper has yet to rule on the motion to dismiss, and the trial is set to commence April 23.