Ex-county commissioner going to trial

OREM — A former Utah County Commissioner accused of sexual battery will go to trial on the charge against him.

"We've had some discussions and negotiations (for a plea deal) that have not panned out at this point," said Mike Esplin, defense attorney for David J. Gardner. "We request that it be set for a jury trial."

Gardner, 52, is charged in Orem's 4th District Court with a class A misdemeanor of sexual battery. Gardner grabbed a 26-year-old woman's thigh and kissed his fingers and put them to her face, according to Springville police reports.

Esplin told Judge John Backlund Friday morning that a trial, which will likely be held in early 2008, could take two days and asked for a larger jury pool to avoid those who had already formed an opinion about the case based on media attention.

Gardner is no stranger to headlines. He was charged twice with misdemeanor DUI during his tenure as a county commissioner from 1995 to 2002.

The first DUI case from 1999 was dismissed on a technicality and the second DUI, in October 2000, got Gardner two days on Utah County Jail work detail, a fine and probation.

Gardner also was accused of roughing up a 9-year-old neighbor boy in August 2000.

The sexual battery case was filed on May 25 based on the allegation that Gardner was flirting with an employee at an auto-body shop in Springville on April 25.

Gardner ended up driving the woman to a doctor's appointment, but made a detour at a friend's house, where he tried to become physical with her, police say.

Police say Gardner agreed to take her back to the shop when she asked him to do so. And that's when he grabbed her thigh, police said.

The woman was in court Friday and sat quietly with friends and family in the back of the courtroom.

The woman's attorney previously told the Deseret Morning News this situation has been incredibly stressful and emotionally damaging to his client.

Springville prosecutor Paul DeWitt wouldn't elaborate on any discussions about attempted resolutions but said he won't be making any other offers. If there is to be a proposed resolution it would have to come from Gardner and Esplin.

"We usually offer (people) a chance to take responsibility before going to trial, to protect the victims from going to trial," DeWitt said. "(But Gardner) wants to go to trial."

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