ST. GEORGE — A man found guilty of rape this past month may get a new trial, depending upon a circuit court judge's ruling on a defense motion of possible jury prejudice.

On Thursday, Circuit Court Judge Dianne Goodstein ordered Calhoun County Chief Public Defender Martin Banks and 1st Circuit Solicitor David Pascoe to draft written arguments regarding Banks' motion to retry a St. Matthews man found guilty of rape.

"My concern is I do not have any confidence in the verdict, I do not have any confidence in a verdict when a juror calls a document a confession," Goodstein said. "I think what I am going to ask is prepared orders from both of you."

As a result, the solicitor's and public defender's offices will submit their respective arguments in written form within two weeks. Goodstein will then rule on the motion.

Stanley Bradley, of Beech Tree Road, was found guilty on March 3 of first-degree criminal sexual conduct, first-degree burglary and kidnapping in the 2004 rape of a Calhoun County woman.

It was Feb. 6, 2004, when a 72-year-old woman's home was broken into. Around 3 a.m., a man entered the victim's home and "threw (the victim) to the floor and attempted to suffocate her by holding his hands over her nose and mouth," a Calhoun County Sheriff's Office report indicates. The victim later told investigators the subject placed rugs and other items over her face. He then sexually attacked the woman.

On each charge, Circuit Court Judge Diane Goodstein sentenced Bradley to 25 years.

But questions arose almost as soon as the verdict was read. Pascoe and Banks learned from a juror that an alleged copy of Bradley's confession turned up in the pocket of a pair of trousers that had been introduced into evidence. Those trousers — including the alleged confession — was in turn given to jurors during deliberations.

"The plain fact is, when the jury went into deliberations, they took the clothing," Banks said. "And in the pants, there was this document. It was in the pants pockets and the jury read it. He (Bradley) deserves a new trial for that."

However, Pascoe countered that Banks knew of the document's presence when the defense attorney searched the trousers.

"It's the state's position that you cannot allow an error and expect to come back and ask for a new trial," Pascoe said. "He (Banks) stated he knew there was a piece of paper in those pants, a warrant or something."

During the three-day trial, no written and signed confession by the defendant was admitted into evidence by prosecutors as no copy could be found. However, the alleged copy of a confession said to be found in defendant's pants was Bradley's copy, Banks speculated.

"I don't blame law enforcement at all," Banks said. "I know exactly what happened. He (Bradley) gets a copy and puts it in his pants. He's arrested that night and of course his clothes are taken while he's in jail."

Meanwhile, Goodstein called solicitor's office staff members Tammy Craven and Angie Martin to take the stand to question them about the juror's statements concerning the document located in the pants.

Both Craven and Martin told the court the female juror approached them individually immediately after the trial.

"(The juror) said, 'I just want to let you know there was a statement in the pants,'" Martin said.

But Pascoe said that after speaking with that particular juror, he determined the document's presence didn't affect the verdict.

"The statement was not prejudicial to her at all," Pascoe said. "The defense knew it was in the pants, and they asked (the court) to put it into evidence. It doesn't matter if it's a love note in those pants. He (Banks) knew a piece of paper was in those pants."

Before ordering Pascoe and Banks to draft prepared orders, Goodstein stated she didn't believe there was any misconduct by the defense or prosecutors regarding the document's location. But she said she had "grave concerns" regarding the simple presence of the document in a jury room.

"What I am left with is a statement that is prejudicial to the defendant," Goodstein said.

Should Goodstein approve, Pascoe said his office is left with two options: an appeal or an immediate retrial.

"I'll make that decision after the judge rules on the motion," he said. "(But) I remain optimistic about it."

If Goodstein decides in favor of the defense motion, a second trial may include in evidence the document alleged to be Bradley's confession.

"We would attempt to enter it into evidence," Pascoe said.

You must be logged in to comment.