San Bernardino County public defender abruptly resigns

GChristopher Gardner, the public defender in San Bernardino County, has abruptly left his post.

Gardner, an outspoken supporter of the Black Lives Matters movement, publicly sparred with prosecutors this summer over the death sentence of a Black man convicted of killing a police officer. Gardner said the defendant did not receive a fair trial.

Assistant Public Defender Thomas W. Sone will serve as interim public defender, while the county conducts a search for Gardner's replacement.

Gardner could not be reached for comment. The county issued a statement on his departure.

"Christopher Gardner, public defender, has recently announced that he will be leaving the county," Leonard X. Hernandez, county chief executive officer, said in the statement Thursday. "We wish him well in his plan to pursue opportunities that will allow him to make an even greater impact on the criminal justice system on behalf of indigent clients."

"Chris has built and managed an exemplary team that has effectively pivoted to meet the unique challenges of COVID-19," Hernandez wrote. "His partnerships within the county organization and in the community deserve commendation, including most recently, the service many of his staff provided in support of our COVID-19 contact tracing efforts."

Gardner, who was appointed by county supervisors as public defender in 2018, had become an outspoken supporter of Black Lives Matter. In an op-ed published in the Daily Journal, he said he participated in rallies following the death of George Floyd in Minneapolis, despite risking his office's relationship with law enforcement. Gardner wrote that he had received support for his activism from the county.

But according to the San Bernardino Sun, Gardner clashed with prosecutors over the summer after Superior Court Judge Lorenzo R. Balderrama vacated the conviction and death sentence of Dennis Mayfield, concluding he did not receive a fair trial due to racial discrimination during jury selection.

Mayfield was convicted of killing Police Sgt. Gary W. Wolfley in 1986.

Lawyers in Gardner's office said that Mayfield, who became incapacitated after suffering a stroke in prison, should be released from custody. Mayfield's legal case was fraught with systemic racism, they argued.

Prosecutors instead sought to retry the case.

Mayfield is currently undergoing an neuropsychological evaluation and competency assessment at Patton Hospital to determine if he can stand for a new trial.