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Translate this page Gardner pleads guilty to both Dubois and King murdersTuesday, March 9th, 2010 Issue 10, Volume 14.
John Albert Gardner III, 31, also faces an additional 33 years to life in prison for assaulting a woman Dec. 27. Gardner, whose plea spares him from a possible death sentence, is scheduled to be sentenced June 1. His plea also bars him from filing an appeal of his conviction and sentence. Gardner admitted attacking, raping and killing 17-year-old Chelsea King, who disappeared after going for a run Feb. 25 at Rancho Bernardo Community Park. The avid runner and straight-A student's body was discovered five days later in a shallow grave near a tributary of nearby Lake Hodges -- not far from Gardner's mother's home. The defendant admitted attacking King while she was jogging, taking her to a remote area where he raped and strangled her and buried her in a shallow grave. Gardner admitted that he killed King within an hour of attacking her. He also admitted killing 14-year-old Amber Dubois, who vanished while walking to Escondido High School in February 2009. Her skeletal remains were found last month in Pala. Gardner admitted taking Dubois to Pala, where he raped and stabbed her before burying her in a shallow grave. The defendant said he killed Dubois with 90 minutes of his initial contact with her. The defendant also pleaded guilty to sexually assaulting a woman in Rancho Bernardo Community Park last Dec. 27. Gardner entered his guilty pleas moments after prosecutors charged him with Dubois' murder and rape. Before the defendant entered his pleas, Superior Court Judge David Danielsen informed Gardner that he would be spending the rest of his life in prison. Gardner will also be deemed a sexually violent predator. the judge told him. Defense attorneys Michael Popkins and Mel Epley refused comment after the court hearing, but District Attorney Bonnie Dumanis briefed reporters on the reason Gardner was allowed to plead guilty. "The murders of Chelsea King and Amber Dubois have shaken the collective soul of our community and beyond," she said. Dumanis said that on March 5, three days after Gardner was arraigned on charges he murdered King, the defendant led authorities to Dubois' body. The only promise made to Gardner, Dumanis said, was that the information could not be used against him in court. No other evidence, including DNA, was found to tie Gardner to Dubois' murder, and prosecutors knew they couldn't make a case against the defendant, Dumanis said. She said the death penalty was still on the table in the King case, but recently Gardner offered to plead guilty to both murders and admitted killing both girls and assaulting the woman in Rancho Bernardo Park. "By accepting this guilty plea, we are obtaining a conviction for the murder of Amber that we would not otherwise have been able to obtain," Dumanis said. Both the King and Dubois families agreed that accepting the defendant's offer to plead guilty was the best solution that could be attained, the district attorney said. "We do know that a sentence of life without the possibility of parole means the defendant will die in prison," Dumanis said. Maurice Dubois, Amber's father, thanked everyone in law enforcement who worked to find his daughter for more than a year. "As you can imagine, this turn of events in the case came as a surprise to us when we were informed about the details yesterday," he said. "As a parent, I am thankful for the work put forth by the D.A.'s office and the defense team in coming forth with a resolution in the case and allowing us to have justice and closure for Amber's case." Brent King, Chelsea's father, also made a brief statement to reporters. "We stand here because of a despicable, evil act committed against our beautiful daughter, Chelsea, committed against our family and committed against our community," he said. "The decision whether to give our blessing to the district attorney's proposal was torturous," King said. "While our unequivocal first choice is the death penalty, we acknowledge that in California that penalty has become an empty promise." King said a multi-year court proceeding would have had a destructive effect on their 13-year-old son, Tyler. The father also said his family's acceptance of the plea allowed them to help the grieving Dubois family. "The Dubois family has been through unthinkable hell the past 14 months," Brent King said. "We couldn't imagine the confession to Amber's murder never seeing the light of day, leaving an eternal question mark." King said now that there will be no trial, his family can move forward and bring about changes in the law to protect children. "There is nothing satisfying about this moment," he said. "It is only one more unbearably painful day that we will have to carry in our memory as long as we live." In 2000, Gardner was sentenced to six years in prison after pleading guilty to assaulting a 13-year-old girl at his mother's home. He was released after five years. The District Attorney's Office said it offered Gardner a plea deal in that case to spare his young victim from testifying at trial. The offer came despite a psychiatrist's recommendation that Gardner receive the maximum sentence of 30 years in prison because he showed no remorse and would continue to be a threat to children.
(previous story follows)
Gardner scheduled for court hearing today; leaked document reports of clothing and digging tools found
SAN DIEGO - A sex offender charged with raping and killing a 17-year-old Poway High School senior is scheduled for court hearing today. Court officials declined to comment on this afternoon's scheduled status conference for John Albert Gardner III, 31. A gag order is in effect, but Los Angeles radio station KFI-AM 640 reported that authorities who searched Gardner's Lake Elsinore home seized some clothing and digging tools, such as pickaxes and shovels. The report was based on a leaked document. Authorities also searched Gardner's mother's home in Rancho Bernardo, a storage unit in Escondido and a car belonging to Gardner's girlfriend, according to KFI. Gardner was charged last month with sexually assaulting and murdering Chelsea King, who disappeared after going for a run Feb. 25 at Rancho Bernardo Community Park. The avid runner and straight-A student's body was discovered five days later in a shallow grave near a tributary of nearby Lake Hodges -- not far from Gardner's mother's home. Gardner is also charged with sexually assaulting a woman in the same park Dec. 27. The defendant was sentenced to six years in prison in 2000 after pleading guilty Advertisement The District Attorney's Office said it offered Gardner a plea deal to spare his young victim from testifying at trial. The offer came despite a psychiatrist's recommendation that Gardner receive the maximum sentence of 30 years in prison because he showed no remorse and would continue to be a threat to children. At the time of Gardner's arrest in the King case, authorities said he was a focus of the investigation into the apparent murder of 14-year-old Amber Dubois, whose skeletal remains were found last month in Pala. The Escondido High School freshman vanished while walking to campus in February 2009. Gardner could face the death penalty if convicted of King's murder. A preliminary hearing is scheduled Aug. 4.
Preliminary hearing date set for Gardner; possibly facing death penaltySAN DIEGO - An Aug. 4 preliminary hearing date was set today for a registered sex offender charged with the rape-murder of a Poway High School senior who vanished while running behind Rancho Bernardo Community Park. John Albert Gardner III, 30, could face the death penalty if convicted of murder and a special circumstance allegation of murder during the commission of a rape or attempted rape. District Attorney Bonnie Dumanis will decide after the August hearing whether Gardner will face the death penalty or life in prison without the possibility of parole if he's convicted of killing Chelsea King. Gardner was arrested Feb. 28 in connection with the 17-year-old cross-country runner's disappearance three days earlier. Her body was discovered March 2 in a shallow grave in a tributary of nearby Lake Hodges. According to Escondido police, Gardner is also the focus of an investigation into the disappearance and murder of 14-year-old Amber Dubois, who went missing 13 months ago. Her skeletal remains were discovered in a remote area of Pala on Saturday. Her father, Moe, attended today's hearing for Gardner and said he and Amber's mother, Carrie McGonigle, are the only people who represent the true feelings of their family. The father was reacting to statements by others, including private investigator Bill Garcia, who said he was told that a tip that led investigators to Amber's body did not come from Gardner, who has not been charged in connection with the girl's death. "The only spokesperson for Amber and Amber's family will be me or Carrie," he said. Moe Dubois asked the media to use its resources toward finding missing children like Michael Guidry, who has been missing in San Diego since Thanksgiving. "There are many other children in the area who do need your help and need your support," Dubois said. "You have the power to bring these children home. Please use that power and attention on those children at this time." The father refused to answer questions on whether he thought Gardner was linked to his daughter's disappearance and murder. At today's hearing, Judge David Danielsen signed a protective order barring attorneys and police involved with Gardner's case from releasing any information to the news media. Gardner is also charged with sexually assaulting a Colorado woman who was running alone in Rancho Bernardo Community Park last Dec. 27. According to public records, Gardner was convicted of assaulting and molesting a 13-year-old neighbor in 2000. The victim said he repeatedly punched her in the face and fondled her at his mother's townhouse, which is about a mile from Rancho Bernardo Community Park. The girl said she went to the residence after Gardner invited her in to watch a movie. Gardner was sentenced to six years in prison and served five before he was released in September 2005. He was on probation until 2008. He registered as a sex offender using his grandmother's Lake Elsinore address but reportedly had been staying with his mother lately. A probation report prepared for that sentencing was released today after Danielsen granted a request by the San Diego Union-Tribune and KGTV that it be unsealed and made available for public viewing.
Gardner in court today for status conference SAN DIEGO - A registered sex offender who has been charged in the killing of 17-year-old Chelsea King and is the focus of an investigation into the death of 14-year-old Amber Dubois is scheduled to be in court today for a status conference. John Albert Gardner III, 30, is charged with murder in the death of King, who disappeared Feb. 25 while running behind Rancho Bernardo Community Park. Her body was found five days later in a shallow grave near a tributary of Lake Hodges. The charges against Gardner include a sentencing-enhancing allegation of murder during the commission of a rape or attempted rape. He could face the death penalty if convicted. A decision on what penalty Gardner will face will be determined after a preliminary hearing, which is set for March 18 and is intended to help a judge determine if the evidence warrants ordering him to stand trial. Gardner is also charged with sexually assaulting a woman in the same park Dec. 27. Additionally, authorities in Escondido have said Gardner is the focus of their investigation into the disappearance and murder of Dubois, whose skeletal remains were found Saturday in Pala. Gardner has not been charged in Dubois' death. The defendant was in court Monday after attorneys from the San Diego Union-Tribune asked a judge to unseal a probation report prepared for the defendant's 2000 sentencing for molesting a 13-year-old girl in the same area. Judge David Danielsen ordered the report unsealed but suspended the order until Wednesday morning in case Gardner's attorneys wanted to appeal to his ruling. Danielsen said he had to weigh the public's right to access court records versus the "very significant" right of the defendant to get a fair trial. The judge said most, if not all, of the facts contained in the 2000 probation report have been disclosed already. The report would normally be sealed, but if a person is charged with a subsequent crime, the law allows for it to be unsealed, the judge said. In the 2000 case, the 13-year-old victim said Gardner repeatedly punched her in the face and fondled her at his mother's townhouse, which is about a mile from Rancho Bernardo Community Park. Gardner subsequently pleaded guilty, was sentenced to six years in prison and was released in 2005. He was on probation until 2008 and registered as a sex offender using his grandmother's Lake Elsinore address, but he reportedly had been staying with his mother lately. Defense attorney Mel Epley said his client was mentioned by authorities in connection with the the Dubois investigation and urged Danielsen to order law enforcement personnel, prosecutors, defense attorneys and court officials not to make any comment on the pending case. Danielsen said it wouldn't be appropriate for officials to comment. 35 comments
I hope he burns in h***
I hope he gets a taste of what he did to his victim before he is put to death/dies on death row. Too bad he probably won't if he's put in protective custody.
i hope he goes to jail gets raped and gets tortured so he can feel da same pain! a******!!!
His mom should be put up there right next to him! She is also to blame for harboring this terrible animal! That whole gene pool should dry up!
Remember this folks. In death penalty cases, the only way he can receive the penalty of death is by a jury. If he pleads guilty at any of his hearings, changes his plea, he goes away for life. It makes no difference what the district attorney files, without the "twelve"and a jury trial "can" be denied, he languishes on our dime for the rest of his life. Now rumor has it that he told the authorities where the remains of Amber Dubois were located in exchange for a deal, everyone is quiet on this issue so far but personally if I was charged with murder with special circumstances, I would cop and plead guilty and "screw" the system and the victims, he knows he's going away for a long time without seeing daylight or the possibility of freedom again, I say, "why not". Let's see what happens, a very interesting series of events might happen.
ray has prety much summed it up if he was smart he would plead guilty but hey hes obvioulsy a stupid .... so who knows hopfully he doesnt so he can get the death pen! this animal needs to experience what he did to all of his victims. + more but hey it wont happen cuz this countrys gov sucks ...
I hope he really pays for what he did, & I hope justce would be made right this time & I think life sentence would be better so, he can remember all the bad things he made.
Even if they give him life and not the death penalty, let's hope that he is placed in prison with the general population. He will likely be killed there. Even hardened criminals have a code of ethics and know to not harm children. The highest percentage of inmates killed in jail are those who have commited crimes against children.
May God Bless the parents of both these children. My heart goes out to them.
Does it surprise anyone that that the Amber Dubois disappearance case (Escondido, CA) has no one in custody for the crime and the Chelsea King case (Rancho Bernardo, CA) has a convicted sex offender awaiting trial. Could it be where they happened to die or that the one family is poor and the other affluent. Is anyone surprised that the Amber Dubois family, knowing the history of the Escondido Police went and hired a private investigator who passed along information as to where the body was ultimately found. We all remember the Stephanie Crowe Murder Case where the Escondido Police Department falsely accused her brother Michael Crowe and forced confessions (as a 01/15/2010, Michael Crowe, won a case against Escondido PD). Could it be that the criminal is a member of the Escondido Police Department and all of them are protecting their own (like the Catholic Church) and that’s why they originally said she was a runaway to deflect additional searches. Could it be that the police are just following “Escondido City Council“ (Gang of Three – Marie Waldron, Sam Abed and Ed Gallo)orders to chase around un-document workers and not do their job of protecting and serving the residents of Escondido? It kind of makes you wonder if the “Gang of three” has asked the police to formally or informally investigate potential or future political opponents, it makes you wonder doesn’t it? Of course it could be that Escondido Police Department is filled with incompetent dullards who love taking steroids in their attempts to look like their body builder heroes. The only thing I can say for sure is there is something wrong here.
I would love to see him hung by the nearest tree, as well as all the other creeps that harm our children.
The fact that he will be put in protective custody is complete bullsh*t. Nobody was there to protect Amber and Chelsea when they were attacked, why should this piece of sh*t have protection?? Throw him in with the rest, and justice will be served when they rape him over and over until there is nothing left to rape.
He just pleaded guilty and will avoid the death penalty. I wish he would die.
all I can add is that I hope he receives what he truly deserves and that justice is done for the two girls and any others whom he has caused trauma. How that plays out, I can only leave up to God.
This human waste needs to die a slow horrible death!!
Right once again. I told you he would plea out denying the families the final verdict, death. I love how the "media" says "the families" accepted the deal, they had no choice. It's not up to the families, only a jury can issue a death penality. The families were "cheated" out of a trial and the opportunity of seeing this man die for his crimes. Now Gardner will live the rest of his life, on the taxpayers dime with three hots and a cot, in a private room with television, stereo and full commissary access laughing at the families of his victims. Was I right or what? (post #5)
Ray - from what I read in other articles, the Kings factored in sparing their son the trauma of watching their family go through the long painful process of a trial in deciding to accept the deal. Whether that's true or not, I don't know. But we can hope for jailhouse justice from some other inmates that don't like people that murder kids.
Hopefully this gives the parents and extended families some closure. For Gardner, take away the guarantee and let both fathers in a room with baseball bats for ten minutes. Now that would be justice.
It is unfair what happend to Chelsea and Amber. We saw it on the news, read it in the papers, saw the posters everywhere around town. Their parents will never get over what happend. It's a parents worse nightmare to see your child go before you. It is not how the cycle of life is supposed to be. Due to these circumstances we should not be forced to pay our tax dollars to let John Gardner III live another day. He is the exception to what I mention above (about seeing your child go before you) and I guarantee he will get what is coming to him someday/somehow.
slym: Actually it's not up to the state, the defendant. The only type of agreement which the state could have offered is weather he goes to Quention or Delano. He knew he was toast in the one murder so he bargained for better conditions. In criminal cases, the defendant can change his plea anytime he or she wants, only a jury can assign the death penalty, not a judge. He had a good public defender advising him that's for sure. So the people pay to keep him locked up for the next 50 years. Don't consider jailhouse justice, "short eyes" are separated from the general population, he will live a long and happy life complement of the state.
I am okay with the plea deal, sending him up river for life, although I PREFER the death penalty. It saves the families the extra grief and stress of dealing with the slow wheels of justice - 3 to 5 years before it goes to trial; 2 to 3 years for all three cases to be heard (although the DA says Amber's could not be proven w/ evidence); Amber's parents getting some type of closure; the cost to taxpayers for years of litigation, etc. One can only hope that Gardner is put in a position to have an encounter of the third kind. Let's remember how justice finally prevailed against Jeffery Dahmer - an inmate with nothing to lose used a great opportunity to bring FINAL closure to the families of those multiple victims. Death Row in California is a JOKE! They get solitary cells, much larger than the average cell, their personal television set, internet access and telephones by their sides - all under the guise of assisting them with their endless defense appeals which we know last 25+ years here. This type of accomodation allows them to live much better, carefree, lives than the general population. I know if I were to face the death penalty, as a POS, I'd do whatever it took to get on death row! I am not sure about the conjugal visit thing, though. I think they took that benefit away from them, but am not positive as I type. If so, it's only a matter of time before the ACLU gets that back to them too. Then life would be GOOD! There are always mentally unstable skanks out there that want to marry these wretched murderers and provide 'the service'. Good luck to you Gardner! - NOT
Gardner won't last long in prison. Even criminals don't like child rapists/murderers. Remember what happened to Dahmer? The families will never have "closure". But at least they won't have to go through a lengthy trial and years of appeals. I hope Gardner's death in prison is every bit as terrible as what his victims had to endure.
I believe they did the right thing- which includes denying him the ability to appeal the decision and also convicts him of Amber's murder. "dying" in prison is a given, probably sooner than later. 
Ray: I doubt he will survive very long in the prison system without due justice. Prisons are notorious for treating child sex offenders with their just rewards. He stood more of a chance for survival on death row which is odd, but true. The death penalty is a joke.
Watch the Movie " Hard Candy" this movie depicts what these type of guy's or gal's really need and deserve!
You folks need to be worried about who is still out there in your community lurking around in your so called community organizations--start asking around who gives money to all your organizations and then dig a little deeper to find out who these people have among them!!! Registered sex offenders!!!!
Isn't it haunting that Hayley who is played by Ellen Page in Hard Candy looks like Amber Dubois???And Susie Salmon who is the character and victim in the movie"Lovely Bones" hauntingly looks like Chelsea King????It is very eerry.Truly it is very very sad.I wonder if anyone has found Amber's purse with the check for the little lamb and Valentine cards for her friends and her cell phone??? It would be nice if John Gardner would disclose what he did with these items.
I got the red pen, once again. Folks.... you need to worry about the folks "not" on the radar. forget about Megans Law listings, these folks are your neighbors, school teachers and cub scout leaders or the Saint Peters Day Labor workers, sorta rhymes....
Ray, #16 you amaze me! Most people knew he had made a deal, yet you seem to claim some super expertise "Right Again". Wow, what is your prediction for the sun tomorrow? It will rise! - Wow, right again. Nothing you stated here is new, unknown to the masses or fresh. Only the most ignorant person would think you could get a death penalty after pleading.
I agree with usmcret, it was obvious when the police miraculously found poor Amber's body barely a week after they arrested Gardner for Chelsea King's murder that he had led them to her in order to reach a plea deal. Hope the judge doesn't put him under protective guard in prison and if he does I hope the guards look the other way. Gardner is a piece of human waste.
I'd like J.A.G. to die, and die he eventually will. Unfortunately, the death penalty in California is a paper sword. The death penalty might look mean, but it won't really kill you thanks to a bunch of bleeding heart wimps residing in this state. I wish he lived and murdered young girls in Texas where they actually have justice for his ilk. At least now we will be spared the expense of endless appeals neccesitated by our toothless criminal justice system. At least this plea deal brings immediate closure for one family, and closure for another family that would never be obtained without it. Mr. Gardner, you really suck. Do us all a favor and somehow die in prison quickly.
More on this topic: http://www.examiner.com/x-35821-Immigration-Reform-Examiner~topic623015-Illegal-Alien-Crime
usmcret: I knew Gardner was going to change his plea, it was the smart thing to do and he had a good public defender advising him. Even murderers still have the will to live even if it's in prison for life and since a jury is the only one who can sentence a person to death, he took the easy way out, survival. As for the state or the victim's family having any say in the matter, they have none. The only other reason where a deal could have been made in regards to Amber is what facility Gardner will be sent to. I am sure it will not be Quentin, most likely some facility close to San Diego where he has familly. Pink: He will receive twenty three hours a day in his confined cell with one hour of outside time. The segregate sex offenders with other sex offenders so he will have a long life with three hots, a cot, television and all the comforts of home on the taxpayer's dime. So usmcret, you need to start thinking outside the corps, your a civillian now and that's civillian law.
Truefeather: It's not the ones "known", it's the ones we don't know about. Anyone can become an offender, even your neighbor. All it takes is one act and there are no signs, no special "apps" for your IPod than can tell you who is and who is not. Digging deeper does not expose the ones who lay in waiting. Educating your children is a good start in protecting your children. Remember we have a "wide open border" with a third world country where these types of acts against children (sexual) are permitted and encouraged, start looking there first, that's a good start. I read so many of these news stories, it's alarming, here is just one: http://www.examiner.com/examiner/x-35821-Immigration-Reform-Examiner%7ey2010m4d17-Illegal-alien-arrested-for-multiple-sexual-assaults-on-8yearold-Virginia-girl
Ray #33 - the last line, what are you talking about? Do you have any idea? Where was any question concerning civilian law in any of my statements? Why do you feel the need to "lecture" me about civilian law? Oh, yes, you are a former Army MP and have two classes from, what a JC, which made you an expert on gangs, illegal immigration, serial killers, sex offenders, self defense and what else, I forget. |
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