Brad Karren, a circuit judge in Benton County, got it right this week when he declined a motion from a defense attorney.
What did the lawyer want? The judge, according to the motion, should bar prosecutors from talking about the case in which his client faces fi ve counts of rape and three counts of sexual assualt inthe second degree.
The charges Brian Brandolini, 41, of Bentonville faces are all felonies.
You may recognize Brandolini’s name. A 17-year-old girl and her mom reported last year that he had abused thegirl between 2005 and 2010. That would put the girl between 9 and 14 when the alleged abuse occurred.
Brandolini has denied the charges and faced trial recently. Judge Karren, however, had to declare a mistrial after the jurors could not reach a verdict.
A natural question in that situation is whether the prosecution intends to pursue another trial.
Here’s what the deputy prosecutor in the case told a reporter, who dutifully reported it as part the trial coverage: “We believe our victim. We stand behind her 100 percent. We are ready to try this case again.”
Another deputy prosecutor argued in court this week that the gag order was unnecessary. Our take is it was an overreaction.
But this prosecutor suggested her colleague’s comments were measured, concise and went no further than what the four-day trial demonstrated.
“It was hardly a revelation,” she told the judge.
Karren agreed. Brandolini is set for a new trial Sept. 10.
Prosecutors will not be barred from commenting on the case, but it’s unlikely they’ll become blathering fools about the case in the meantime as defense attorney Drew Miller apparently believed. They have a job to do, just as Miller does. Is anyone shocked prosecutors might say they believe the person at the center of their decision to pursue charges?
Brandolini deserves a fair trail and a simple comment confirming a plan to retry him doesn’t come close to damaging that right.
We appreciate judges who demonstrate restraint in placing limits on the legal professionals who operate in their courts. It would be dift erent if attorneys were making sensational statements about witnesses or the defendant.
If George Zimmerman can get a fair trial as a defendant in the media circus surrounding his case, we doubt a factual quote lasting a matter of seconds can suddenly destroy a man’s constitutional rights in Bentonville.
PRISONER TRANSPORT VAN MAKES SENSE Springdale’s recent retrofitting of a van, acquired through a court forfeiture, to haul prisoners to county jails was a smart move that will help keep offcers on the street, not serving a chaufteurs to inmates.
Offcers in Springdale, the only city in Washington County with its own jail, spent hours a day driving cars to county jails.
The van reduces the manpower needed to convey the prisoners to their appointed locations.
It’s an effcient use of an available resource well worth the $15,000 prisoner transport modifications necessary for security.
Opinion, Pages 5 on 07/20/2013