The agent was expected to testify Thursday afternoon about what possible attorney-client privileged messages she saw during the investigation.
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In the hearing, the court was expected to hear testimony from an agent, Lindsey Butler, from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) who saw one attorney-client privileged message during the investigation.
But the agent did not testify. Defense attorney, Patrick Korody, told the court the ATF would only allow Butler to testify if an ATF attorney was present as well. Korody said to have another person from the state hear what was in the message would be a further violation of attorney-client privilege for Gardner.
Nothing definitive was decided in regards to the message, but both the defense and the state said they still want to move forward with the April 19th hearing on the motion to disqualify the State Attorney's Office Fourth Judicial Circuit.