By Misty Gittings
BENTONVILLE — The Arkansas Supreme Court upheld a Benton County jury’s April 2011 guilty verdict against Brian Tyler Jordan in an opinion issued Thursday.
Jordan, 42, was found guilty of raping a 75-year-old Benton County woman in her home and was sentenced to life in prison as a habitual offender. The Seligman, Mo., man is being held in the Arkansas Department of Correction.
Jordan said Benton County Circuit Court erred in allowing his prior offenses into evidence during the trial, and Judge David Clinger made biased comments to the jury and the victim. Both points were refuted by the Supreme Court.
Jordan’s defense team filed a motion prior to the trial to stop the introduction of prior felonies, which included convictions for first-degree carnal abuse of a 6-year-old child, arson, terroristic threatening and failure to register as a sex offender.
Clinger, now retired, ruled the offenses could be discussed in court if Jordan chose to testify. Jordan’s defense was based on his claim the woman paid him $100 to have sex with her. Clinger said Jordan’s credibility was open to dissection based on his position the woman was lying.
“It’s a credibility issue. The law specifically allows a person to be impeached with felony crimes when they testify. It’s Mr. Jordan’s choice to testify,” Clinger ruled.
The Supreme Court found Clinger properly weighed the issue and pronounced a valid ruling.
Jordan’s appeal also argued he was entitled to a new trial based on comments Clinger made to the jury before it was dismissed. Clinger thanked the jurors for hearing “rough subject matter” and recognized the victim for her bravery in seeking justice.
The Supreme Court found Jordan’s attorneys didn’t object to the statements at the time and said it wouldn’t consider the argument on appeal.
“The law is well settled that to preserve an issue for appeal, a defendant must object at the first opportunity, and a motion for mistrial must likewise be made at the first opportunity,” the court ruled.
Stephanie McLemore, deputy prosecutor, tried the case for the state in 2011.
“Judge Clinger was a very knowledgeable judge, and I’m pleased they upheld his decision,” she said.