Fried Frank Partner, Accused of Rape, Found Dead
One of you drew our attention to this item, which is gossipy and engrossing, but not terribly humorous. Suicide and rape (or allegations thereof) don’t lend themselves well to laughs. From New York Magazine:
“It’s bizarre, unfortunate,” Steve Coleman, an Atlanta police officer, was saying about New York attorney Andrew Gardner (at right).
Gardner, 39, was a litigation partner at Fried Frank. He had been an undergrad at Harvard and had gone to NYU for law school. He lived in Armonk with his wife and three kids. And he was found dead, a presumed suicide, on Monday.
This summer, Gardner traveled to Atlanta for a conference, authorities said. He checked into the Westin Buckhead Atlanta. On August 17, a Thursday, he went to Dantanna’s, an upscale chophouse there. At the bar, according to the Atlanta police, he met a 27-year-old woman, a teacher, and several of her friends. They ate dinner and socialized at the bar for a few hours. Then he invited her back to his hotel room, to hear some music, she told police. Inside the room, she claimed, Gardner “became aggressive, took off her shirt, grabbed her by the arms preventing her from leaving, threw her on the bed and raped her,” according to authorities.
Gardner was arrested, then released on $225,000 bail. Last month, he unsuccessfully attempted suicide by slashing his wrists. Yesterday his body was found at Butler Sanctuary, a nature preserve in Bedford, New York. Accordring to NYM, “There were no marks on his body, no bruises. A medical examiner is conducting an autopsy.”
Noted New York litigator Bernard Nussbaum, a Wachtell Lipton partner and former White House Counsel (to Bill Clinton), issued this statement on behalf of the Gardner family: “Mr. Gardner did not commit the crime of rape or any other crime. He was never indicted nor, we believe, would he have ever been indicted. His death is a great tragedy to his family and friends. He was a wonderful human being. He will be missed.”
Update: More information about this story is available here.
New York Lawyer, Charged With Rape, Found Dead [New York Magazine]
Andrew T. Gardner bio [Fried Frank via Google Cache]
(42) Comments
Comments
My friend was the prosecutor here in Atl for the case. He was definitely going to be indicted. Of course, being a Clinton lawyer, misrepresenting and diverting attention from the facts probably comes naturally to Mr. Nussbaum.
Nice sensitivity, there, Anon in ATL. Real classy.
Anonanon, my intention for posting the comment was not to be "classy"--it was to attack Nussbaum's mistatement.
It's a tragedy that Gardner took his own life, but saying that he was not going to be indicted is simply untrue.
If you view these comments as insensitive, I hope you are not an attorney, for you are in the wrong profession.
Nussbaum's statement was that Gardner wasn't indicted and that they didn't believe that Gardner ever would, looks like both parts could still be true regardless of what the prosecuter was going to do.
Nussbaum's statement, as anon 7:57 PM notes, is true. I think your attack on Nussbaum because of his affiliation with the Clinton administration underscores the true intent of your comment, which was not certainly not just to inform us all that Gardner was going to be indicted, but rather to take a shot at Gardner, his counsel, or both.
The only victim here is the rape victim. Sympathy goes out to gardner's family, but in NO WAY CAN HE BE PORTRAYED AS A VICTIM!!!!!!!!!!!!!!!!!!!!!!!!! Anybody who was not there and says for sure that he was innocent is IGNORANT. If Gardner was a man, he would have come clean and served his punishment. GARDNER IS, I MEAN WAS, A COWARD!!!!!!!!!!!!!!!!
Actually, I knew Andy G. (although not *terribly* well) and the actions seem pretty astonishingly out of character for the man I knew. I think you'll find that alcohol probably played a role. I also suspect that consent/assault may have been more ambiguous than one might be led to believe (one person's horsing around is another's assault, and anyone who's ever done *any* criminal defense knows this). I also think that Andy did something stupid in coming on to the woman/victim, and saw his carefully-constructed world disintegrating.
Finally, to tristan, go fuck yourself. And I mean that in the coldest, most dispassionate sense I can. You're judging a man on nothing more than media reporting. God help you, you sanctimonious bastard.
I knew Andy (albeit not particularly well) & find the allegations hard to believe. There must be something more to the story. Alcohol, certainly, and (as anyone who practices criminal defense knows) much more ambiguity than the newspaper article suggests. One person's joking around is another person's assault, and we'll never hear his (or her, for that matter) version of events.
As to tristan, you are an ignorant and judgmental cretin. I mean that in the most levelheaded and condemning manner possible. You're judging a person based on one-sided media reports, you sanctimonious fool. God help you & your clients.
Tristan: You are correct that "anybody who was not there and says for sure that he was innocent is ignorant." However, it is also true that anybody who was not there (including, presumably, you) who unequivocally states that he was guilty (as you implicitly do in the last sentence of your post) is equally ignorant. Not all allegations are true, which is why we have a presumption of innocence in this country.
Did they release the toxicology reports? What was the cause of death?
Nussbaum's statement is clear. What is unclear is the innocence or guilt of Mr. Gardner. What all of us know is that an alleged rape victim is not a rape victim until sound evidence is presented and circumstances proven. Until that time, we do not know who the victim is. In fairness, Gardner was a man with a wife and children, and it is not up to us to label him as someone who is unclean, a coward or deserving of punishment for what we do not know. Sympathy goes out to both families, no matter who is the assailant or victim.
I agree in part w/ Jonathan, but you CANNOT say he's not unclean nor a coward. Yes, his guilt has not been proven, but how is this different from skipping bail? --gee, I can't stand the humiliation, so I think I'll kill myself. I would think that a highly skilled big-firm partner litigator could pretty damn well defend himself, or at least find a lawyer who could! What we can label him as is an admitted ADULTERER. What we can label him as is a man who committed suicide, a crime in itself, leaving 3 innocent children fatherless. If this man was so "good" and "clean," was it is simply okay for him to leave his children devastatingly heartbroken and permanently fatherless because of some self-inflicted humiliation? I say this not in reference to the Atlanta woman's accuasation, but to his DISGUSTING act of adultery. Kimberley and the kids are the true victims in this horrible, horrible tragedy.
A friend told me about this blog, so I thought I would see what people are saying. Andy was a wonderful man who made a few mistakes. We all make mistakes. We are not perfect. The message I want to send to ALL is not to judge. Don't judge Andy, don't judge what others say about Andy, don't judge this school teacher in Atlanta. To judge another doesn't define them, it defines your own character and your need to judge others. Hopefully people will learn from this tragedy.
>> ATTN: enjointhis
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> There is no need to post your message twice - just takes up space. Thanks fo gracing us with your editing skills, but please do any editing before you post.
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I was a good friend of Andy's from high school and am so very sad by all of this. My heart goes out to Kimberly and the children - all of whom I've never met !! I am very sad for the tragic end to such a passionate and loving person. This whole situation has truly been a learning lesson in judging others. Who are we to judge? (FYI to "anon" in ATL - nothing in life is a "definitely" )
was he gay in high school too?
i feel sorry for all u fried frankers that are so proud of your shoddy law firm. u know not what u should know. ask around... ask alumni... u would shriek at some of the stories. gross i tell u....just gross.
enjointhis... he was not gay in high school - nor did he portray any signs that he might be gay. He was very active in theater, yes, but so are many straight people.
"He was very active in theater, yes, but so are many straight people."
who ever said that being gay had anything to do with his being in theatre? that was your conclusion...interesting. No, his love for theatre and his love for men were two separate passions. Fortunately, he was able to express one passion. Sadly, the other one killed him. so very sad....
I wrote about the theater since I knew him best through the theater in high school and in an earlier post (must have been a different forum) someone had mixed the two. As for his love for men in later years... I have no clue.
I don't mean to encourage the Andrew Gardner piling-on here. But in case anyone is curious, the American rule is that you can't defame a dead person.
what a shame...he was a cutie!!!
I knew Andrew. My first statement is that I do not know what happened that night, but it came as a great shock for me to hear this story.
I don't understand where this conversation got turned to him being gay. First of all how stupid to get into some name calling match at this time, second of all he was married and cheated on his wife with a woman. Why the gay remark?
Anyway, I actually know his wife better than him and I am so sad for her and the children right now. She is a wonderful, caring, intelligent, amazing woman, wife and mother. Her three children are wonderful representatives of that. She has family and friends that love her, so I hope that they will help her during this horrible time.
I just love it. All of you who think that a man being married to a woman makes him NOT gay are fooling yourselves. The cheating with another WOMAN was a sham just like his marriage. The tendencies were hidden by everything that "looked" perfect. The guy had such a hard time being true to himself. That's what killed him. Not some hussy teacher in atlanta making up rape stories. The man was living a false life, and he wasn't happy. GET REAL everyone!!!!!!!!!
I certainly hope that you are not in the legal field enjointhis.
when i finally pass the mass bar, i will be. for now, i like to give free legal advice.
LOVED him in Pirates. It's so dreadfully sad. He was a beautiful man!!!
i knew andrew gardner from 1985 until two weeks ago. he was an amazing man. an incredible actor, singer, student, father, and husband. i lived in the same dorm with him in college and spent a great deal of time with him over these four years. he was not gay yet if he was this has nothing to do with anything. there is no excuse for adultery. and if alcohol was a factor then let this be a warning to all. but to speak badly about this man is completely unfair, especially since he cannot defend himself. imagine his wife and children before you post a comment. no one knows exactly what happened. let his family rest in peace. andy was an intelligent, vibrant man and the stress these problems caused him obviously was unbearable.
"let his family rest in peace."
Jeez, is his family dead too?
Hello all --
Andy was my roommate during our freshman year in college (1985-86). We lived across the hall from Kevin (see 01 December post above). Andy was a good guy.
He loved acting. He told me that he had been inspired by the play "A Lion in Winter." He looked up to the actor Alan Arkin, whom he knew as a friend of his family. Andy's big rival in high school was his fellow actor Chris Williams (little brother of former Ms. America Vanessa Williams).
He mentioned that he had worked in high school as a summer camp counselor. His responsibility was working w/ disabled kids. He used to play the guitar for them.
We lived in a rooming group of five. Four of us had our own rooms. Andy built a loft and lived over our common room. He didn't seem to mind the noise, even though the television was right under his loft.
As a freshman, Andy tried out to become the lead singer for a band of seniors called Bored of Education. He nailed the tryout, and gave -- I think -- one concert. He sang himself hoarse, and had to drink cough syrup to get his voice back.
During our freshman orientation week, Andy and I showed up dressed as Crockett and Tubbs (it was the '80s - think Miami Vice). We brought water pistols and sprayed all of our roommates.
After freshman year, I lost touch w/ Andy. I remember seeing him in the Hasty Pudding Theatricals. Once again, Andy stood out because he was invited to join the troupe as a sophomore, I think, when everyone else had to wait until senior year.
The last memory that I have of Andy is during senior year, when we had an end-of-the-year farewell talent show. Andy sang and played the guitar.
I am sorry to hear of Andy's passing. I am saddened by the circumstances. I hope that these memories may be of some help to those who were his friends.
Andrew was my second cousin, although I have not seen him in many years. My parents were friendly with his. Let the man rest in peace. His father has been through enough, first losing his beloved wife not too long ago, and now his only son. Stop the gossiping and concern yourselves with more imporant things don't you people have more important things to do with your lives?
R.Kauf, you are unbelievable. You search for his name on the internet, read all the garbage written about your cousin, and then add your 2 cents. Listen, you are doing your cousin and his family a huge HUGE disservice by responding to the "gossip." I especially find it IRONIC that YOU should ask if the other commenters have more important things to do with there lives!!!!! ha.haha..haahahahaaha. Look at yourself R.Kauf.. Look deeply at yourself. If you don't have anything better than surfing the net for DEAD RELATIVES, try whacking off...It would be time better spent!!!!!!!!!!!!!
This is in response to "friend". You are obviously a mental case and your last comment shows that you have no class.
that wasn't nice rhonda..that wasn't nice rhonda..thattwasn'ttniceerhondaaaaa..oh, and look who dares to even talk about class you [censored]. now don't you have more important things to do than....? you are just like all the others!!!!!!!!!!!!
Well since she put me down I 've been out doin' in my head
I come in late at night and in the mornin' I just lay in bed
Well, Rhonda you look so fine
And I know it wouldn't take much time
For you to help me Rhonda
Help me get her out of my heart
Help me Rhonda
Help, help me Rhonda
Help me Rhonda
Help, help me Rhonda
Help me Rhonda
Help, help me Rhonda
Help me Rhonda
Help, help me Rhonda
Help me Rhonda
Help, help me Rhonda
Help me Rhonda
Help, help me Rhonda
Help me Rhonda yeah
Get her out of my heart
She was gonna be my wife
And I was gonna be her man
But she let another guy come between us
And it shattered our plans
Well, Rhonda you caught my eye
And I can give you lotsa reasons why
You gotta help me Rhonda
Help me get her out of my heart
who is rhonda, the rape victim? oh dear rhonda, don't feel guilty for what has happened. you are a victim, and now that he is gone from this earth, you must get on with your life. do not feel guilt for what he has done. rhonda, listen to me, he was a coward. he was unhappy with his made up life, and you were a way out. please don't feel guilty rhonda!!
I am horrified at the lack of compassion expressed by so many posters for everyone involved in this case. What gives any of you the right to throw stones? I knew Andrew well, over a number of years, better perhaps than many of his FFHS&J associates. He was flawed, as we all are, but loved his wife and family as best he could. Many who walk among us fight demons on a daily basis. None of us will ever know the true circumstances from that evening. I will pray for Andrew, his accuser, his family, and all of you who feel the need to defame those involved. May you never know the pain and confusion that everyone touched by this situation will now carry forever. His children deserve your respect; they are perhaps the only truly innocent parties in this case. Let the man rest in peace, and learn what you can from this horrible tragedy.
touching. were u 1 of his gay lovers sweetie?????
rhonda, how big was he??? i'm dying to know!!!
first off if you meet someone in bar and afterwards they offer you up to their hotel room. I seriously doubt it is to listen to music. Women need to be more smart and even smarter after befriending people at bars.
but based on what his friends and coworkers have been saying, he was a kind, gentle, wonderful man. who wouldn't want to go upt to his room to listen to music? also, he was a very handsome, rich lawyer with lots of connections. who wouldn't want to go up to his room to listen to music?