Artifacts case not derailed by informant's suicide

SALT LAKE CITY — Despite the suicide death of the government's main witness, prosecutors say they plan to proceed with the criminal cases against those accused of stealing Native American artifacts.

But a former prosecutor says the death may cause problems for the government's case.

Twenty-two people still face federal charges from the sting. Initially, 26 people were charged with taking artifacts from public lands and locations revered by Native Americans as sacred burial grounds.

Melodie Rydalch, spokeswoman for the U.S. attorney for Utah, said prosecutors could not comment on the strengths or weaknesses of their case, but said the government is moving forward in spite of the death.

"There is a status conference Monday and we believe the case will go forward from there," she said. "We'll just be asking for trial dates."

Ted Gardiner, who prosecutors refer to as "The Source" and their main witness, worked with the FBI and Bureau of Land Management in their 2  1/2 year investigation in the Four Corners area. He purchased approximately 256 archeological artifacts totaling $335,685 at the direction of the FBI. Many of these transactions were recorded.

Gardiner, however, shot and killed himself Monday during a confrontation with police, making him the third person involved in the sting to take his own life since the case unfolded in June. The others were defendants James Redd, a Blanding physician, and Steven Shrader, of New Mexico. James Redd's wife, Jeanne, and daughter, Jericca, have both settled their cases through plea deals that led to probation.

Gardiner's son said he had a history of mental health issues and substance abuse problems, which had been "aggravated" by his involvement with the artifacts cases.

Last month, defense attorneys said discrediting Gardiner would be crucial to the defense strategy because the information he provided is the bulk of the government's case.

"Everyone is going to have to stand back and evaluate what this really means to the government's ability to put on its case," defense attorney Wally Bugden said after Gardiner's death. "I don't know how this will impact the case … whether they'll be able to go forward."

Although not involved in the artifacts cases, attorney Greg Skordas said Friday one of the main issues prosecutors may now face is the issue of hearsay. Under the sixth amendment, the former prosecutor said, defendants have a right to confront their accusers and subject them to cross-examination, with some exceptions.