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Press Release

Judge Sentences 18 year old to Six Years for Child Sexual Abuse

January 26, 2015

(ANCHORAGE Alaska) – On January 23, 2014, Judge Jack Smith sentenced 18 year old Michael Gardner to a sentence of eleven years of incarceration with five years suspended (six years to serve) for a series of sexual abuse acts Gardner committed in 2012 against a 5 year old victim. Judge Smith sentenced Gardner following a guilty plea in February 2014 where Gardner plead guilty to a consolidated count of sexual abuse of a minor in the second degree.

Gardner admitted several incidents where he had performed various sex acts on his 5 year old half-sister and her younger 3 year old sister. Gardner was 16 years old when the offenses were reported and he was prosecuted as an adult.

After taking testimony from Dr. Mark Zelig, a clinical psychologist who commonly treats youthful offenders, Judge Smith declined to refer Gardner’s case to the three-judge panel for consideration of possible reduced sentencing. Gardner was facing a presumptive term of five to 15 years in prison. Judge Smith stressed community condemnation and rehabilitation of the defendant in fashioning the sentence. Gardner is expected to be paroled in late 2017.

CONTACT: Assistant District Attorney Paul Miovas @ (907) 269-6300 or paul.miovas@alaska.gov at the Anchorage District Attorney’s Office.

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