The filing says videos featuring McGann were posted by Brandon Carter's campaign accounts after the court cautioned counsel against public statements.
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Attorneys for Andrew McGann ask judge to take death penalty off the table citing prosecutor campaign video
Attorneys for double capital murder suspect Andrew McGann a judge to prohibit the state from seeking the death penalty, citing video ads posted for Washington County Prosecutor Brandon Carter's election campaign for the Arkansas Court of Appeals.
In a Feb. 24 filing, attorney Katherine Streett called attention to a video posted to the "Brandon Carter for Court of Appeals" YouTube channel, where Carter says he is "keeping dangerous criminals off our streets," as McGann's arrest photo is shown on screen.
While McGann is not mentioned by name in the video, he's the only defendant whose image appears in the video.
Carter also spoke about the McGann case at a local civic meeting in Springdale on Jan. 29. The "Brandon Carter for Court of Appeals" Facebook account shared a link to a video from Springdale Kiwanis that same day.
In the video, a slide presentation behind Carter features an image of Fox News coverage of the McGann case, an image of the charging document, and then an image of the order limiting pretrial public statements in the McGann case. Carter can be seen in the video stating he's not allowed to say anything relating to the facts of the case due to the gag order.
Screenshots of the Facebook and YouTube posts were included in the filing.
The filing called Carter's characterization of McGann as a "dangerous criminal" and discussion of the case "blatant violations of the Court's Order."
Streett asked Judge Joanna Taylor of Washington County Circuit Court Division 7 to prohibit prosecutors from seeking the death penalty and asked for a finding that Carter's actions imperiled McGann's right to an impartial jury under the Sixth Amendment.
The filing also said that allowing the state to seek the death penalty at trial would violate McGann's Eighth Amendment protection against cruel and unusual punishment, and his Fourteenth Amendment right to due process.
In a response filing on Feb. 24, Carter said the gag order was not an absolute ban on discussing the case, but rather aspects of the case like evidence and opinions on McGann's guilt or innocence.
Carter said McGann's counsel is mischaracterizing his past comments on the case, and that a prosecutor has a general duty to keep the public informed.
"In the defendant’s ideal scenario, it appears that if asked about this litigation, the defendant would have the prosecuting attorney stand silent and utter no dialogue, despite the prosecuting attorney’s higher obligation to keep the public informed about the criminal justice system. This both borders on the absurd, and it is not what is ordered," the response filing said.
Carter's response further said that if an impartial jury couldn't be seated in Washington County, it would be better to change venue than to exclude the death penalty option.
Sarah Capp, who is challenging Carter for the court of appeals seat, provided the following statement:
"It would be inappropriate for me to comment on allegations involving others. What I can say is that judges must respect court orders and protect the integrity of the judicial system at all times."
