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Man Accused In Child Rape Was Out On Bail

Joseph Gardner Accused In Kingston Attack

POSTED: 11:53 am EST December 14, 2009
UPDATED: 5:27 pm EST December 14, 2009

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A man accused of raping a 3-year-old girl in Kingston over the weekend was out on bail for allegedly raping another child earlier this year, prosecutors said in court Monday.

A judge revoked 26-year-old Joseph Gardner's bail at his arraignment in Plymouth District Court on the new charges.

Prosecutors said the construction worker attacked the girl in his Kingston apartment Friday night while her mother was asleep.

They said he smashed the child's head against a sink afterward and told her if she talked about the rape he would kill her father.

The child's mother is a friend of Gardner's and she was sleeping over with the toddler and an 8-year-old son.

Gardner was arrested in August on charges he raped the 5-year-old daughter of a distant relative through marriage during a home invasion. He was out on $10,000 bail on that case.

That child's mother talked about the case.

"I think the court should make sure that he goes away and is not allowed to be around kids. They need to put an order ... we asked them to put an order before that he should not be allowed to be around kids under the age of 18 but they didn't do that," she said.

She said Gardner broke into her mother-in-law's house while she was visiting there with her children. That case is pending in Brockton Superior Court.

Gardner was scheduled to be back in court Wednesday for a dangerousness hearing.

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