ACLU calls Gardner arrest “disturbing abuse of police power”

Convicted child rapist Richard Gardner is back behind bars – for now.

Gardner was picked up by Cranston Police Friday for providing false documents.

They say he listed his mother’s address in Weymouth on his marriage license, even though he had registered as a sex offender in Providence just hours prior.

His lawyer Robert Mann says his client wasn’t trying to defraud anyone, and showed his Massachusetts ID because it was the only document he had at the time.

Outside court, Gardner’s attorney had no comment except to say he’s disappointed his client was held.

In court, the state argued Gardner had violated his probation for a second time since his initial release in 2016.

But the Rhode Island  ACLU has a problem with his arrest in the first place, saying police abused their power by essentially looking for any reason they could to lock Gardner back up.

In fact ACLU Executive Director Steven Brown compares the severity of Gardner’s alleged crime to that of Rhode Islanders who don’t pay sales tax for their online purchases.

“This was really an arrest just to get him off the street,” Brown said. “This wasn’t a crime that would otherwise put somebody in prison.”

Brown’s comments come on the heels of Cranston Police Chief Michael Winquist saying Friday that Gardner was on thin ice.

“Selectively enforcing laws, using them to put somebody in prison, not for what they did, what that crime was, but for something they did in the past,” Brown said.

But Washington Park resident Roberto Escaler said he’ll be sleeping a bit easier knowing Gardner won’t be going anywhere for at least a couple of weeks.

“Right now the community feels safe that Mr. Gardner is where he belongs,” Escaler said. “If he wants to live in Rhode Island his address should be the Adult Correctional Institution.”

Cranston Police could not comment on the matter.

Gardner is due back in court November 19 for a hearing with witnesses.

©WLNE-TV 2018