Retired Admiral Convicted of Obstruction of Justice for False Statements During Newport News Bond Hearing
On January 15, 2025, the Newport News Circuit Court convicted a retired U.S. Navy Rear Admiral, Timothy M. Giardina, of Obstruction of Justice by False Statement. The Court sentenced the defendant to one year in jail suspended on the condition that he perform 100 hours of community service, pay a $2,500 fine, and receive an evaluation and possible treatment for substance abuse and gambling addiction. Giardina, age 67 and a resident of Gloucester, Virginia, entered a plea of guilty by Alford to the charge, thereby agreeing that the Commonwealth’s evidence would be sufficient to convict him.
Giardina’s charge stems from dishonest testimony he gave during an April 18, 2024, bond hearing on behalf of a 27-year-old woman who was incarcerated on drug charges. During that bond hearing, the Commonwealth expressed concern about granting the woman a bond due to her history of narcotics usage, her noncompliance with probation, and her pending felony charge of driving while intoxicated, third offense.
In response, Giardina took the witness stand, described himself as the woman’s landlord, and stated that he was providing housing for her at his Newport News apartment. Both the attorney for the Commonwealth and the Court questioned Giardina about whether the woman had access to any vehicles:
COMMONWEALTH’S ATTORNEY: Does [the woman] have access to a vehicle at your residence?
MR. GIARDINA: Not that I’m aware of.
…
THE COURT: Sir, I want to ask you one question, and you’ve already answered this, but there’s no car that she has access to from your home?
MR. GIARDINA: No, not to my knowledge, not mine.
At the conclusion of the bond hearing, the Court granted the woman a bond with the special condition that she not operate a motor vehicle.
A subsequent investigation revealed that Giardina and the woman had maintained an intimate relationship. Investigators located jail text messages in which the woman and Giardina communicated at length while she was in custody prior to the bond hearing regarding vehicles to which the woman had access. These messages directly contradicted Giardina’s sworn testimony at the woman’s bond hearing.
For example, Giardina sent the woman a message on April 11, 2024, with the subject line “Toyota repair,” in which he wrote: “there is no good reason why I can’t take it [the Toyota] in while you are there. If key available where I can get it I’d like to fix instead of delay again.” Likewise, Giardina sent the woman another message on April 13, 2024, with the subject line “Saturday update,” in which he wrote “I’m thinking about you constantly. The BMW is parked close to the Apartment.”
Following a thorough review the evidence, the Attorney for the Commonwealth indicted Mr. Giardina for Perjury. On June 10, 2023, the Grand Jury of the Circuit Court for the City of Newport News returned a true bill of indictment on that Class 5 felony charge, and the defendant was subsequently arrested. Pursuant to today’s plea agreement, the Commonwealth reduced the charge from Perjury to a Class 1 misdemeanor offense of Obstruction of Justice.
“The integrity of the justice system requires truthfulness from witnesses who testify in Court,” said Commonwealth’s Attorney Howard Gwynn, “our office must pursue all who lie under oath, and ensure a just and balanced consequence for that crime,” Gwynn added.
In accepting the defendant’s plea, the Hon. Gary A. Mills emphasized the seriousness of the offense, saying “Sir, I would not have let her out, but for your testimony.”
The Commonwealth made this plea agreement after careful consideration of the nature of the offense, the resources required for a successful jury trial, and with the goal of deterring future dishonesty in Court. The plea gives Giardina the opportunity to avoid active jail time and a felony conviction. Furthermore, this plea was made in consultation with the investigating officers and in recognition of the defendant’s status as a 68-year-old U.S. Navy veteran with no civilian criminal record. Mr. Giardina once oversaw the nation’s nuclear weapons arsenal in his role as deputy commander of the U.S. Strategic Command.
This case was prosecuted on behalf of the Commonwealth’s Attorney by Assistant Commonwealth’s Attorney Danny Yates.