BENTON COUNTY — Benton County Judge Dave Bisbee says Benton County Prosecutor Van Stone is to blame for his $73,000 legal bill.
“He chose to prosecute me under the law which mandates the county pays my attorney fees,” Bisbee said. “He tried to ruin me. He tried to take my job. If you go on a witch hunt then you must pay.”
The Code
What’s The Law?
Arkansas Code Ann. § 14-14-1202(d)(5) says any officer or employee charged as provided in this section and subsequently acquitted shall be awarded reasonable legal fees incurred in his or her defense.
What’s next?
Special Judge John Walton Cole will hold a hearing on the issue at 9 a.m. Aug. 10.
Source: Staff Report
Stone said no one blames Bisbee for seeking the fees. Stone said what is at issue is what is a reasonable amount.
Bisbee was on trial in June for three misdemeanor charges stemming from his decision to hire his then-company, Valley Homes, to do remodeling at the county collector’s and assessor’s offices in Rogers.
Gary Wierman, Bisbee’s long-time construction superintendent and then-vice president of Valley Homes, did the remodel. Bisbee was represented in court by attorney Asa Hutchinson.
A jury found Bisbee not guilty on two of the three charges, but could not reach a decision on the charge accusing Bisbee of using his office or the influence created by his office to advance the economic interests of an associate. Prosecutors later dismissed the charge.
Bisbee called the charges “politically motivated.”
Bisbee was critical of Stone for questioning Hutchinson about having two other attorneys assist him with the case. Stone questioned the amount of time Asa Hutchinson III spent working on the case during the four-day trial.
Bisbee points out Stone had two deputy prosecutors — Brandon Carter and David Reading — assist him with the case.
Bisbee said also Stone used an investigator, legal clerks and several other deputy prosecutors.
“(Carter and Reading) worked on the case and one of (Bisbee’s) attorneys sat in the courtroom and did nothing,” Stone said. “They are just trying to justify that with assertions that don’t match their own billing records.”
Bisbee said he believes the prosecutors spent more than $73,000 on the investigation and trial. He is gathering figures to have for a hearing before Special Judge John Walton Cole on Aug. 10.
“If the prosecutors spent $73,000, then the defense should be able to do anything in proportion to the prosecution,” Bisbee said.
Stone is anxious to see how Bisbee came up with the figure.
Bisbee’s case was one of the least expensive trials for the prosecutor’s office, Stone said. The biggest expense is usually traveling and lodging expenses for victims and witnesses. There were no such expenses in Bisbee’s case, Stone said.
The case also did not create a hardship for his office, Stone said. Reading and Carter continued handling their normal felony caseload while working on Bisbee’s case, Stone said.
Stone said he was involved in two high-profile trials while the Bisbee case was being investigated. The prosecutors received two convictions as George Reed was sent to prison for shooting his daughter’s boyfriend and Erickson Dimas-Martinez received the death sentence for killing Derrick Jefferson.
Bisbee said when he first met with Hutchinson they reviewed the probable cause affidavit, and Hutchinson said the case could cost more than $35,000.
Bisbee then used that figure during his campaign for reelection and in conversations with other people. Bisbee said $35,000 was never an exact estimate from Hutchinson, but rather a reaction after reviewing the affidavit.
In Stone’s response, which objects to the county paying the $73,000, he points out Bisbee, who was running for reelection at the time, had a mailer made with a photograph of Bisbee with Hutchinson.
Bisbee said the mailer has no connection to the attorney fees.
“That’s insulting to Asa Hutchinson,” Bisbee said. “He’s a good man.”
The response also references the possibility jurors may have received the fliers, which were mailed the week of Bisbee’s trial. Bisbee denied that.
“No. He’s still trying to ruin me,” Bisbee said of Stone. “He lost and he can’t stand it.”
Bisbee said he has faith Cole will render a fair decision after reviewing the evidence.
“It’s my reputation that was under attack,” Bisbee said. “How much would you pay for your reputation?”