Gardner, a registered sex offender, pleaded guilty in 2000 to charges of committing lewd and lascivious acts on 13-year-old girl in his parents' home. He served five years of a six-year sentence and was on parole until 2008.
Court psychiatrist, Dr. Matthew Carroll, who evaluated Gardner, pushed for the maximum sentence, as many as 30 years, and said Gardner "would be a continued danger to underage girls in the community."
Dr. Alex Kalish, a colleague, said Carroll was angry that his recommendations were ignored a decade ago.
"Dr. Carroll told the court that [Gardner] showed no insight and expressed no responsibility and that he is a danger. You can't make a stronger statement than that," said Kalish. "The guy is a violent and a predator who shows no remorse.
"There was no effort to consider his report. Apparently the D.A. did what was expedient to get a conviction. It is frustrating that no one considered the psychiatric input. Why ask for it, if you don't consider it," Kalish said.