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The defense for one of the people who allegedly ambushed and killed Microsoft executive Jared Bridegan, 33, wants the entire prosecutor’s office booted from the case.
The court filing, signed by lawyer Frank J. Tassone, claims the state got its hands on — and plans on using — privileged attorney-client communication belonging to his client, Mario Enrique Fernandez Saldana, 35.
“Given the number of people that now have access to these emails, it is impossible for defense counsel to determine the scope and severity of the breach in confidentiality,” the motion, dated Wednesday, stated.
Fernandez Saldana and his estranged wife, Shanna Lee Gardner, 36, face the death penalty in Duval County, Florida, for allegedly scheming to kill Gardner’s ex-husband, Bridegan. He died in an ambush on Feb. 16, 2022, when he encountered a tire blocking a dark area of Sanctuary Boulevard, according to Jacksonville Beach police. He stepped out of the vehicle when someone shot him as his 2-year-old daughter from his second wife was in the backseat. Prosecutors charged Henry Tenon, 62 — Fernandez Saldana’s former tenant — as the gunman. Tenon pleaded guilty to second-degree murder and agreed to cooperate in the state’s case.
Mario Enrique Fernandez Saldana, left, and Jared Bridegan (Images: City of Jacksonville Beach Police Department)
Tassone’s filing concerns how state prosecutors allegedly mishandled communications from Fernandez Saldana’s electronic devices.
Prosecutors had to avoid communications between Fernandez Saldana and his counsel. According to the motion, prosecutors assured the defense and court they would assemble a “taint team” to redact all privileged communications and send the rest of the data to the state. By Sept. 27, however, Jesse N. Dreicer, an attorney for Fernandez Saldana, believed a prosecutor had referenced privileged information.
“Specifically, the assigned [assistant state attorney] told undersigned counsel she found incriminating evidence against the defendant, and that this evidence consisted of a Word document titled ‘Confidential Communications,”” the motion stated.
The defense had advised Fernandez Salanda to write “Confidential Communications” in the subject line of any and all emails to them and legal staff. They now worried that prosecutors got their hands on emails between them and their client. According to the defense motion, the state answered by asserting their taint team removed all communications between the defendants and firms.
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“The discovery we discussed was not attached to an email, did not show any attorney names or emails, and did not contain attorney-client discussions,” a prosecutor wrote, according to the defense motion. “The taint agent forwarded to us for review, and based on what he advised, I determined that nothing would suggest it was privileged at the time.”
Prosecutors made a special web-based portal using the Nextpoint software because of the voluminous discovery. The extensiveness of the material is why the defense only gained access to the portal on Oct. 20, the motion stated.
“Much to the dismay of defense counsel, upon reviewing the discovery provided via the portal, counsel discovered many of the email communications between Mr. Fernandez and his attorney,” they wrote.
Shanna Lee Gardner plotted to have her ex-husband, Jared Bridegan, murdered, authorities said. (Mug shot: Duval County Jail)
All, if not most, of these emails featured the subject line “Confidential Information,” they wrote.
The defense also asserts they found emails between Gardner and her Florida attorney, Hank Coxe, and at least one phone call between her and her Washington attorney, Andrew Wagley. Law&Crime has reached out to her criminal defense lawyer, Jose Baez, for comment on the Fernandez Saldana motion to disqualify the prosecutor’s office. No such motion appears in Gardner’s case files as of Thursday.
Henry Tenon, pictured here, admitted to shooting and killing Microsoft executive Jared Bridegan, authorities said. (Mugshot: City of Jacksonville Beach Police Department)
The defense wants the entire prosecutor’s office booted, saying the privileged communications were shared with everyone with access to the Nextpoint portal. In addition, they want the Nextpoint portal to be shut down. A new taint team would go through discovery to take out all privileged communications, they said.
“The state will file appropriate objections to the defendant’s motion and is confident it will prevail after full consideration by the court,” the State Attorney’s Office for the 4th Judicial Circuit told Law&Crime in an email.
