JACKSONVILLE, Fla. — Friday marks two years since the murder of a St. Johns County father of four, Jared Bridegan.
Two people facing charges in his death were back before a judge Friday morning. Bridegan's ex-wife, Shanna Gardner, and her second husband, Mario Fernandez Saldana, were in court for a scheduling hearing.
There was a lengthy discussion over an issue with evidence and whether the state attorney's office should stay on the case.
Defense teams for Gardner and Fernandez want the State Attorney's Office's Fourth Judicial Circuit removed from the murder-for-hire case.
In court on Friday, they said prosecutors had access to attorney/client privileged communications. Prosecutors argued they did not open or view those files.
First Coast News Crime and Safety Analyst Mark Baughman said a judge will rule on that evidence.
"When they do this with emails, along with text messages, whatever it may be, telephone conversations, whatever you've trapped or whatever you've gleaned from that affidavit,” Baughman said, “They're going to go through great measures not to violate that because it will get the affidavit thrown out if they can, if the defense can prove that."
Gardner's defense team said they'll file a motion to dismiss the indictment against her because of this.
Baughman said investigators must adhere to “minimization” requirements in electronic surveillance.
"There is stipulations in an oral wire intercept, including text messaging, that there's certain conversations that you have to omit or cannot listen to," Baughman said.
Judge London Kite has requested an independent judge hear arguments about the evidence issue since it may involve attorney-client privileged emails.
"Smart to let an independent judge review that because it keeps the record clean, doesn't show any bias or lenience one way or the other throughout the course of the trial," Baughman said.
Gardner and Fernandez will be back in court on March 4.