Move sought for Presho man’s kidnapping trialCase on hold while federal gun case proceeds.
By: Chris Mueller, The Daily Republic
PRESHO -- The attorney for a Presho man accused of kidnapping and abusing his 10-year-old daughter has asked a federal judge to move an upcoming jury trial to Aberdeen.
Edward G. Albright, attorney for Clint Brown, filed a motion Monday in U.S. District Court for South Dakota asking a federal judge to move Brown’s trial, which is currently scheduled to begin next month, from Pierre to Aberdeen.
In support of his motion, Albright argues pretrial publicity of the case “will unfairly prejudice” Brown’s right to a fair trial, court documents say. Because Brown is from Presho and has a prior conviction in Lyman County, which is just south of Pierre, he will most likely be known to “several prospective jurors, thereby causing difficulty in obtaining a fair and impartial jury,” court documents say.
Brown, 36, was indicted last December by a federal grand jury on one count of being a felon and drug user in possession of a firearm.
Brown has pleaded not guilty and is scheduled to stand trial in April. He faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release.
Brown is alleged to have been in possession of a Remington 12-gauge shotgun and a Tarus .22-caliber rifle, both of which were recovered as a result of three search warrants issued to law enforcement between Aug. 17 and Aug. 22. Brown’s trailer house in Presho and two pickups parked outside were searched.
Albright attempted to have the evidence seized in those searches suppressed, but his motion was denied earlier this month.
Brown has also been indicted by a Lyman County grand jury for the same series of events that led to the federal charges.
Brown is accused of kidnapping his 10-year-old daughter Aug. 17, then choking her, firing a gun near her head and striking her with the butt of a gun. He was also charged for an incident on Aug. 15, his daughter’s birthday, when he allegedly shot her dog in front of her.
Brown was allegedly under the influence of methamphetamine and marijuana at the time of the incidents.
Brown’s kidnapping and abuse case in Lyman County is on hold while his federal case proceeds.