Judge lifts no-contact order between Sunriver-area couple charged with daughter in extreme child-abuse case
They are ordered not to talk about case alone; prosecutor notes that's impossible to enforce
BEND, Ore. (KTVZ) – A judge agreed Monday to allow a Sunriver-area couple accused along with their adult daughter in a severe case of child abuse to again live with and have contact with each other, but directed them not to discuss the facts of the case without their lawyers present.
Gary Hardenburg, 65, and Paula Hardenburg 60, have been married nearly 40 years and are the parents of Sarah Session, 33, who also lives in the Oregon Water Wonderland Unit 2 area south of Sunriver.
Session is accused of attempted murder and numerous charges of assault and criminal mistreatment of her estranged husband's 10-year-old son, who prosecutors say was kept isolated, beaten with a curtain rod, given extreme, life-threatening levels of salt, had food withheld and was forced to eat his own vomit, among other alleged acts that nearly killed him.
The three family members were arrested at two locations in Coos Bay last month after arrest warrants were issued, Session’s for $1 million. That’s also the bail amount for Session; Deschutes County Circuit Judge Alison Emerson last week denied a request to substantially reduce her bail amount.
Session appeared for Monday’s scheduled plea hearing by video from the county jail, while Gary Hardenburg was in the courtroom with defense lawyers. His wife appeared by video from where she’s been staying under the no-contact order, as the couple also shares a vehicle.
The three defendants were arraigned Monday on an amended indictment, which Deputy District Attorney Aaron Brenneman said involved no new charges, just an effort to “reorganize the indictment to read a little clearer.”
Paula Hardenburg’s attorney, Shelby Thomas, filed a motion last week, seeking to again allow contact between the husband and wife. She said her client has been living with a nearby cousin but that her husband needs her help. An adult son was in town to assist him, but has returned home to Southern California.
Brenneman pointed out that Session originally faced charges last April, but that case was dismissed because the investigation was not complete. The Hardenburgs were not charged at that time.
Brenneman said the charges against the parents claim they “cleaned up the crime scene” at Session’s home, destroying evidence. He told the judge prosecutors have concerns about allowing more contact between the defendants.
The prosecutor said a court order to not discuss the case without their attorneys present “is unenforceable,” with no ability to monitor the couple’s conversations at all times.
The child’s father, Chris Session, who now lives in another state with the boy and two other children, was asked if he wished to comment on the matter. He said he agreed with prosecutors about the inability to enforce no discussion of the case and that he believed the couple's no-contact order should remain in place.
But Gary Hardenburg’s attorney, Todd Grover, said his client makes no major decisions without talking to his wife and that “there’s no way to resolve the case without” them being able to talk with each other.
Brenneman said the Hardenburgs are not only accused of throwing away or hiding evidence, but participating in criminal mistreatment of the boy. He noted the risk of the couple comparing and “aligning their stories,” having already made what the prosecutor said are “provable false statements” about what took place.
Judge Emerson waived the previous no-contact order between the couple, but told them they are not to speak about the facts of the case when they are alone, only when they are with their defense attorneys.
Defense attorneys also told the judge it was not yet time to set trial dates, due to the complexity of the case and unresolved issues about the evidence. The judge set a new plea hearing for May 5th and confirmed the three cases will track together.
