While those records were destroyed, the San Diego County Superior Court Tuesday released a copy of Gardner's probation report from 2000 in which a court psychiatrist described the then 21-year-old as "simply a bad guy who is inordinately interested in young girls."
Dr. Matthew Carroll said Gardner's "predilection toward younger girls is a problem. He manifests significant predatory traits and is a danger to the community," the officer wrote.
Gardner accepted a plea deal in 2000 after being charged with committing lewd and lascivious acts against a 13-year-old neighbor he picked up on her way to school. Though he faced a 15-year maximum sentence Gardner was sentenced to six years, of which he served five, on the recommendation of a probation officer.
Despite a recommendation for the maximum sentence by Carroll, the probation officer recommended a lighter sentence given he had no prior record, according to the documents reviewed by the Associated Press. The judge accepted the officer's recommendation.
Carroll will not speak about the case, but last week his colleague Dr. Mark Kalish told ABC News Carroll was angry that the court did not accept his recommendations.
"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
"No one can predict what someone will do 10 years down the road, but had this guy been prosecuted to the full extent he could have been looking at 30 years in prison and this crime would never have happened," he said.