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gardner back to face murder trial
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Post and Courier, The (Charleston, SC)

January 14, 1995

Edition: SA

Section: A

Page: 1



Topics:

Index Terms:

MURDER

Gardner back to face murder trial

MCLAUCHLIN SLAYING: Gardner is believed to be the triggerman in the

rapeand murder of Melissa McLauchlin on Dec.30,1992.

Author: DAVID W. MacDOUGALL and TERRY JOYCE; The Post and Courier

Article Text:



CLARIFICATION(01/17/95): A story in Saturday's editions about accused

murderer Joe Gardner needs clarification. Shortly after Melissa McLauchlin was

murdered in December 1992, police said her assailants forced her to wash with

bleach and scrubbed her with brushes to get rid of evidence of sexual contact.

At the trial of co-defendant Matthew Mack in May 1994, several witnesses said

McLauchlin was made to wash in a tub which might have contained some

hydrogen peroxide. One witness was told that McLauchlin was scrubbed with a

steel soap pad.



However, none of the witnesses questioned by police testified that bleach was

used on McLauchlin. An autopsy found no evidence of scrubbing or bleach.

Bleach apparently was used to clean blood from the car in which McLauchlin was

shot.



Joe Gardner, the accused triggerman in the 1992 rape and torture slaying of

Melissa Ann McLauchlin, was returned to South Carolina Friday under heavy

security.



"It gives us a great deal of pleasure to have Joseph Martin Luther Gardner back

in Dorchester County," Sheriff John Southerland said. "We hope the trial will be

forthcoming quickly."



Gardner, 24, is charged with murder. He was being held at the Dorchester

County Jail in St. George after appearing at a bond hearing before Magistrate

Cranston Pinckney.



Gardner sat rigidly in a wooden chair, with his legs in irons and his hands cuffed

in front of him and shackled to his waist, as Southerland read the arrest warrant

to him.

He said little other than "yes sir" during the hearing, and he declined to speak

with reporters.



Though magistrates cannot set bail on murder charges and the bond hearing

was a formality, Southerland asked Pinckney to deny bail.

Pinckney complied.



Authorities believe Gardner was one of five men who picked up McLauchlin,

who was 25 at the time, as she walked on a road near her North Area home

about 9:30 p.m. on Dec. 30, 1992.



The men took McLauchlin to a mobile home on Stall Road, where they

repeatedly raped her, forced her to wash with bleach and scrubbed her body with

brushes. There were two other women in the trailer while the men were raping

McLauchlin.



Afterward, three of the men drove McLauchlin to U.S. Highway 78 near Maple

Street in Summerville, where she was shot in the face five times with a .25-

caliber pistol, pushed out of the car and left on the side of the road to die.



A tip received by a Charleston County sheriff's deputy several days after the

slaying led North Charleston police to the trailer on Stall Road.



Working with Dorchester County investigators, police began locating and

arresting defendants in the case.



Four people were arrested locally within a week of the slaying. Two were

arrested in Quakertown, Pa., near Philadelphia, on Jan. 6, 1993. Another was

arrested in Detroit the next day.



Six defendants have been convicted of, or have pleaded guilty to, charges

relating to the case. Two are serving life sentences for murder.



A seventh, Craig Darnell Rice, 21, didn't take part in the crimes but learned about

them afterward, police said. Rice, the first person arrested, has been a witness

for the prosecution in several of the trials. He is charged with being an accessory

after the fact.



All of the other defendants have said Gardner pulled the trigger.

Gardner, 24, fled the area and was one of the FBI's 10 Most Wanted fugitives.

The search initially focused on Gardner's hometown of Detroit, but soon

expanded across the border into Canada.



He was captured Oct. 19 in Philadelphia after a citizen called authorities and said

a man named Tony who worked in a corner grocery store looked like Gardner,

whose picture was on a wanted poster at the post office.

Gardner fought extradition for several months. A judge in Philadelphia signed the

extradition order Tuesday.



Gardner arrived at Charleston Air Force Base about 2:05 p.m. Friday aboard a

Navy C-12 twin-engine transport.



Agents from the Naval Criminal Investigative Service, the Dorchester County

Sheriff's Department and North Charleston police accompanied him on the flight

from Philadelphia.



The Navy plane parked near the Air National Guard fighter-interceptor hangar,

located in an out-of-the way part of the base.



Security was tight and officials refused to disclose Gardner's itinerary in advance.

A five-car motorcade of police vehicles, several with their lights on, transported

Gardner from the airport to St. George.



The Navy provided the transportation at the request of local authorities, Naval

Criminal Investigative Service agent Joseph M. Masciale said.



"We felt it was best to do it this way for his (Gardner's) security," Masciale said.

He refused comment, however, when asked if the Navy had received any threats

directed against Gardner.



Dorchester County sheriff's Capt. Al Lapolla said the sheriff's department had

received threats against Gardner in early 1993, when the case gained national

attention because of its racial overtones.



There have been no recent threats, Lapolla said. As a precaution, Gardner will

be kept isolated from other prisoners in the county jail, Southerland said.



Authorities said McLauchlin, who was white, was the victim of a hate crime.

Police said Gardner and the other defendants, all black, had formed a pact to

kidnap, rape and kill a white woman before the New Year to make up for "400

years of oppression" of black people.



During a murder trial for one of the co-defendants, defense lawyers suggested

McLauchlin had agreed to have sex with the men if they gave her some crack

cocaine the night she was killed.



Investigators dismissed that notion Friday as ridiculous.



Gardner was a sailor assigned to the Charleston-based guided missile cruiser

Richmond K. Turner at the time of the McLauchlin murder. Several of the other

defendants also were stationed aboard the Turner.

Since his disappearance he has been carried as a deserter on Navy records.

Masciale said he was uncertain about Gardner's future status with the Navy, but

noted that it would not affect any civilian proceedings.



"All he's wanted for with us is desertion," he said. "Dorchester County wants him

for murder."



Because the kidnapping and rape occurred in Charleston County, North

Charleston police also are expected to file charges against Gardner.



Southerland said those charges might be filed next week.



First Circuit Solicitor Walter Bailey said he hopes Gardner's trial will take place

before the end of this year. Bailey is seeking the death penalty.



The other defendants already sentenced in the case are:



Matthew Carl Mack, 21, convicted of murder and sentenced to life in prison plus

30 years. Bailey had sought the death penalty for Mack.

Matthew Paul Williams, 22, who pleaded guilty to murder and was sentenced to

life in prison.

Roger Williams, 23, sentenced to five years in prison after pleading guilty to

third-degree criminal sexual conduct and misprision of a felony, or being present

during the commission of a felony and not reporting it.

Danny Wayne McCall, 26, sentenced to nine years in prison after pleading guilty

to misprision of a felony - or failing to report a crime - and no contest to third-

degree criminal sexual conduct. The no-contest plea means McCall didn't believe

he could prove his innocence.

Indira Simmons, 22, who pleaded guilty to misprision of a felony. She was

sentenced to seven years in prison suspended for the 572 days she spent in jail

or under house arrest with electronic monitoring.

Edna Jenkins, 31, who pleaded guilty to being an accessory after the fact of

murder, illegally buying two handguns within 30 days and lying on a firearms

application. She was sentenced to five years suspended upon 554 days already

served in jail and under house arrest.

Copyright, 1995, The Post and Courier. All Rights Reserved.

Record Number: MERLIN_96177


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