Pinwheels’ placement results in trial delay

Pinwheels spin in the wind Friday, March 31, 2017 in front of the Benton County Sheriff's Office in Bentonville. In participation with the Children's Advocacy Center of Benton County's annual Cherishing Children Pinwheels campaign, sites in Benton County will feature displays, each with 439 pinwheels, during April, which is National Child Abuse Prevention Month. The pinwheels represent the 439 confirmed child abuse cases in the county in 2016. Additional displays of 50 pinwheels can be seen at sponsoring businesses.
Pinwheels spin in the wind Friday, March 31, 2017 in front of the Benton County Sheriff's Office in Bentonville. In participation with the Children's Advocacy Center of Benton County's annual Cherishing Children Pinwheels campaign, sites in Benton County will feature displays, each with 439 pinwheels, during April, which is National Child Abuse Prevention Month. The pinwheels represent the 439 confirmed child abuse cases in the county in 2016. Additional displays of 50 pinwheels can be seen at sponsoring businesses.

BENTONVILLE — Pinwheels placed to increase awareness to child abuse prevention led to the postponement of a jury trial and the pinwheels removal from the Benton County Courthouse lawn on Tuesday.

The 439 pinwheels were positioned near the public entrance to the courthouse last week. Each pinwheel represents a “Confirmed Child Abuse Case in Benton County,” according to a sign near the pinwheels.

About The Case

Tom Stovall, 78, of Touke was arrested Dec. 20, 2015. He’s accused of inappropriately touching a 9-year-old girl. He previously pleaded not guilty to the charge.

Source: Staff Report

Prospective jurors had to walk past or near the pinwheels to enter the courthouse for Tom Stovall’s sexual assault trial that was to start Tuesday.

Doug Norwood, one of Stovall’s attorneys, told Benton County Circuit Judge Robin Green about the pinwheels.

Green ordered the pinwheels be removed after she and attorneys from both sides went outside to view them.

Some of the deputy prosecutors helped take down the pinwheels.

“She immediately recognized problems with the jurors and the potential to prejudice the case,” Norwood said of Green. “I thought she was right, and I asked for a continuance.”

Green, who declined to comment, rescheduled the trial for June 20.

Nathan Smith, Benton County’s prosecutor, said the Children’s Advocacy Center of Benton County placed the pinwheels on the courthouse lawn and several other locations to increase awareness about child abuse prevention.

Norwood said he believes the pinwheels shouldn’t have been placed on the courthouse lawn. He called Tuesday’s situation “just bad timing.”

Natalie Tibbs, executive director of Children’s Advocacy Center, said it was the first year the pinwheels were placed at the courthouse. The pinwheels weren’t placed on the courthouse lawn to try to taint or influence any trial, she said.

Tibbs said 439 pinwheels were placed at 17 other sites, mainly law enforcement agencies, throughout Benton County. Another 50 pinwheels were placed at 29 county businesses.

“The location of the pinwheels really shouldn’t matter,” Tibbs said. “It’s a possibility that people saw the pinwheels at locations this morning while they were driving to the courthouse for jury duty. It’s a pretty good chance that they had already seen them.”

Tibbs said she hopes to find another location near the downtown square to place the pinwheels removed from the courthouse lawn.

Bentonville attorney Shane Wilkinson said he understands Norwood’s concern.

Wilkinson, who was a deputy prosecutor assigned to work child abuse cases, said he would be concerned about the pinwheels influencing prospective jurors. Wilkinson has a jury trial, which involves a rape, scheduled to start Monday.

“I think it’s imperative that any jury trial be conducted in a completely unbiased manner,” Wilkinson said. “Any fanfare or display possibly supporting or promoting one side or another at the jurors’ entrance could be a problem.”

Wilkinson said he was sure the placement of the pinwheels was unintentional, but he backed Green’s decision.

“It’s her job to ensure a fair and impartial trial, and that’s what she did,” Wilkinson said of the judge.

Tracy M. Neal can be reached by email at [email protected] or Twitter @NWATracy.

Upcoming Events