Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

Judge Who Texted and Phoned Prosecutor During Murder Trial Disbarred

June 26, 2014

This falls in the "What was she thinking?" category. Also in the "Why do they think the digital evidence won't be discovered?" category. Hat tip to Jennifer Ellis.

According to a Florida TV news report, on June 5th the Florida Supreme Court disbarred former Broward County Chief Criminal Judge Ana Gardiner for texting with a prosecutor during a murder trial.

"I've given everything up, including one of the things I love the most — my job," former chief criminal Judge Ana Gardiner tearfully testified at her Florida Bar trial. Gardiner was accused of lying under oath about her relationship with a prosecutor. She was found guilty and disbarred.

Prosecutor Sheila Alu came forward about Gardiner's improper relationship with homicide prosecutor Howard Scheinberg during a murder trial in her courtroom, alleging they discussed the trial while partying together.

A judicial investigation began in which Gardiner and Scheinberg denied discussing the trial or having a close, personal relationship. But then came the revelation they had secretly shared more than 1,400 phone calls and text messages during that death penalty trial.

Gardiner has since married her defense attorney in the Bar investigation, David Bogenschutz.

Scheinberg is serving a two-year suspension of his law license.

The court mentioned the cost of Gardiner's wrongdoing to the public, including the cost of a new trial for the defendant.

Attempts to reach Gardiner were unsuccessful as sources told Local 10 she and Bogenschutz are vacationing in Europe. There's a reality show in here somewhere . . .

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