Man Spends Years Awaiting Trial On Child Porn Charges

BENTONVILLE — Max Bishop awaits his day in court more than fi ve years after being arrested on child pornography charges. His latest trial date is months away.

The case has involved four defense attorneys, three judges and at least two prosecutors. Several trial dates have been scheduled. Each was canceled.

Bishop, 42, of Bentonville is charged with 50 counts of distributing, possessing or viewing matter depicting sexually explicit conduct involving a child, a Class C felony. He has pleaded not guilty to the charges. He was arrested July 2, 2008, and is free on $2,500 bond.

Paula Casey, interim vice provost for research and dean of the graduate school at the University of Arkansas at Little Rock, said it is unusual for cases to take as long as the Bishop case. Casey, a former law professor and U.S. attorney, said the Sixth Amendment to the U.S Constitution guarantees a speedy trial.

“Prosecutors could not delay speedy trial for that long,” Casey said. “If they could I don’t think a judge would allow it.”

Prosecutors in Arkansas have a year to try suspects after their arrest, but delays granted at the request of defense attorneys aren’t included in that 12-month limit.

“A delay is not a prosecutor’s friend,” Casey said. “The more time from a crime and memories fade and witnesses can die.”

Casey isn’t familiar with Bishop’s case, but did say the fact that Bishop is free may be a factor.

“Defendants in custody usually don’t take that much” time, Casey said. “Some are ready to get it over with.”

Stephanie Harris with the Arkansas Administrative Office of Courts said the oftce doesn’t track the time it takes to resolve individual cases.

Harris said there are too many factors to consider, such as when a case begins. Does the case begin at arrest, the fi rst appearance for a bond hearing or when prosecutors fi le charges?

Harris is aware of Bishop’s case. One of Bishop’s relatives who lives in Florida called the state Administrative Office of Courts about the case. The woman complained about the delay in trying Bishop, according to Harris.

Pauline Schaefers, Bishop’s aunt, said her nephew’s life has been on hold, and he has been unable to find a job since his arrest. Schaefers lives in Winter Garden, Fla.

Authorities began to investigate Bishop as the result of a U.S. Naval Criminal Investigative Services undercover Internet operation to identify adults attempting to engage in sex acts with children, according to court documents. Sgt. Dennis Schumacher of the Benton County Sheriff ’s Office received a report from the Navy operation.

Bishop told Schumacher he was role-playing online, according to court documents. Schumacher examined Bishop’s computer hard drive and found numerous images of suspected child pornography, the documents state.

Sergio Barron, deputy public defender, declined to comment on the case. Barron, who represents Bishop, also said his client had no comment. Stuart Cearley, chief deputy prosecutor, also declined comment.

A review of the court file shows jury trials were delayed since 2008 at the request of Bishop’s attorneys.

Bishop was scheduled to have a jury trial Aug. 11, 2009. Bruce Bennett, Bishop’s first attorney, filed a motion to continue the trial so an expert would have time to examine the computer equipment involved in the case. Then-Circuit Judge David Clinger granted the request.

Bryan Powell took over as attorney for Bishop in 2010 after Bennett was suspended by the Arkansas Supreme Court Committee on Professional Conduct in connection with another case.

The case was within a week of trial in September 2010 when Powell asked to be taken off the case. Powell said Bishop’s relatives visited his office and made threats concerning his law license. Powell also said the relatives went to the local newspaper and a deputy prosecutor about the case. Their actions made for an unworkable environment, Powell said.

The Public Defender’s Office then stepped in to represent Bishop. Tony Pirani represented Bishop until he left for a job with the Washington County Public Defenders Office in August 2011. Barron now represents Bishop.

Clinger retired in June 2011, and Bishop’s case remained untried on the docket. Jon Comstock replaced Clinger and served for a year and a half. Bishop’s case didn’t get resolved during that time.

Circuit Judge Brad Karren took the bench in January 2013. He scheduled two trial dates for Bishop. Both, on June 5 and Sept. 4, 2013, were canceled after Barron filed motions.

One motion dealt with seeking more time to obtain an expert witness and the other requested a mental evaluation for Bishop.

Prosecutors have used seven months under the speedy trial rule in the Bishop case. That time frame occurred between Bishop’s arrest and his first jury trial date in 2009. The remaining time has been excluded because delays came at the request of the defense, according to Cearley.

Cearley opposed many of the delays and has argued to keep trial dates during many of the proceedings.

A judge had to grant the last request for a delay because Barron moved for a mental evaluation. A Benton County rape conviction from 2009 was reversed by the Arkansas Supreme Court when Clinger denied a motion for a mental evaluation for a defendant on the morning of his jury trial.

Karren said he couldn’t comment on Bishop’s case.

Clinger spent 16 years as judge and served 16 years as a prosecutor for Benton County before taking the bench. Clinger said he didn’t feel comfortable commenting on the specifics of Bishop’s case.

“I’ve seen it happen, and a lot of times, it was due to the person having confl icts with the attorney,” Clinger said. “It’s rare, but it does happen.”

Bishop’s case, in ways, parallels the case of Olajuwon Jemeita Smith of Rogers, who was arrested June 24, 2008.

Smith also appeared for hearings before Clinger, Comstock and Karren. Delays in Smith’s case also centered on his legal representation. Smith had four different attorneys. The case came to an end when Smith pleaded guilty at his jury trial Oct. 30. He was sentenced to 40 years in prison.

Smith, 27, pleaded guilty to two counts of delivery of a controlled substance, two counts of simultaneous possession of drugs and firearms and possession with intent to deliver a controlled substance, all Class Y felonies; and delivery of a controlled substance (marijuana) and possession of drug paraphernalia, both Class C felonies. He also pleaded guilty to robbery, a Class B felony.

Another long-delayed case involves Chris Chandler, 52, of Bentonville. He was arrested May 22, 2008.

He also faces charges in connection with child pornography. Bentonville attorney Louis Lim has represented Chandler throughout the case.

A jury trial was set for July 29, but Lim filed a motion to reschedule because of Chandler’s poor health. Lim said Chandler underwent a recent surgery and required three months rehabilitation. Other motions in Chandler’s file cite health reasons and a request for a mental evaluation for other delays.

Bishop’s trial is set for June 24. He faces three to 10 years in prison on each of the 50 counts, if convicted. Schaefers, who believes her nephew is innocent, said it is time to adjudicate.

“If Max was a dangerous criminal and involved in child pornography would you have wanted him to be out running free the last six years?” she said.

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