A re-scheduled motions hearing is scheduled today on a writ of habeas corpus filed by the attorney for a White Township man who pleaded no contest in 2011 to indecent assault of a person less than 13 years of age. The hearing was originally scheduled last month.
In exchange for his guilty plea, three counts of aggravated indecent assault and another count of indecent assault against 58-year-old Kenneth Gardner were not prosecuted. Judge Gregory Olson sentenced Gardner to two years of probation and a fine, and he was required to register his address with state police for ten years. His probation was revoked in 2015 and his attorney filed the writ of habeas corpus to challenge the conviction in January. Since filing that writ of habeas corpus, which if granted could dismiss the charges, attorney Bradley Ophaug has also filed a motion to enforce the plea agreement and a petition for Post Conviction Relief.
