CONWAY - A prosecuting attorney has denied allegations the defense made in a motion seeking to seal future court motions and responses in the burglary case of former University of Central Arkansas Chief of Staff Jack Gillean, but he did not take a position on whether those records should be kept secret.
In a document filed in Faulkner County Circuit Court, Chief Deputy Prosecuting Attorney Troy Braswell wrote, “The decision to allow Motions and Pleadings to be filed under seal rests solely with the Court. The State will continue to follow the Court’s rulings.”
Braswell said the state did not object to an extension of time to file further pretrial motions until after Circuit Judge Charles E. Clawson Jr. rules on whether to seal the motions.
Braswell wrote that the state disputed the defense’s allegations but did not repeat or specify them.
A pretrial hearing on pending motions is scheduled for next Friday in Conway. The trial is to be held starting Oct. 28 in Van Buren County Circuit Court in Clinton because of pretrial publicity in Faulkner County.
In seeking to seal motions, the defense recently submitted a motion stating in part that “many of the State’s responses filed to date have been more in the nature of press releases than legal pleadings designed to address the law and issues.”
In one response, defense attorneys argued, “the State failed to cite any law but managed to include several insults and sound bites ultimately reported by the press.”
“Furthermore, even a cursory examination of the vast majority of news accounts in this case reveals a bias against the defendant supplemented by inciting and inflammatory remarks and allegations by the prosecution,” defense attorneys added.
Gillean, 56, faces five counts of commercial burglary in addition to charges of fraudulent insurance acts, all felonies, and issuing a false financial statement, a misdemeanor. His October trial will focus only on the charges of commercial burglary. The other counts are to be tried later.
Gillean resigned June 15, 2012, after UCA President TomCourtway asked him about a grandmaster key found on then-student Cameron Stark. The prosecution contends Gillean gave Stark keys and a key card so Stark could enter professors’ offices and steal tests. Gillean has pleaded innocent.
Stark has been granted immunity from prosecution in exchange for his cooperation in the case.
The defense also has asked that if any potential jurors say they have been exposed to pretrial publicity that they then be questioned about that matter away from other potential jurors.
The prosecution requested that motion be denied. But Braswell said he agreed such matters were better addressed separately but suggested those potential jurors be questioned “3 or 5 at a time” so as not to slow down the trial.
Northwest Arkansas, Pages 18 on 09/29/2013