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7/19/2012 6:00:00 AM
Charges against Van Brunt survive; motions thrown out

Erin Taylor
Miner Staff Reporter

An attorney representing the former director of the Mohave County Economic Development Authority against child molestation charges lost his bid to have the case thrown out.

Scottsdale Attorney Michael Bailey had accused prosecutor Victoria Stazio of "cherry picking" evidence presented to the grand jury instead of including information that would have been beneficial to his client, Don Van Brunt.

Van Brunt, 82, was arrested earlier this year after two of his adult grandsons came forward with claims that they had been molested by their grandfather as children.

Mohave Superior Court Judge Derek Carlisle ruled against Bailey at a hearing last month after Bailey wanted Stazio thrown off the case, claiming she'd acted beyond her scope as prosecutor.

Stazio countered that a former police detective who works for the county attorney's office, Special Investigator Gary Engels, led the investigation.

She said - and Carlisle agreed during the hearing - that she did not overstep her bounds and that she acted properly by giving the defense taped recordings of the interviews she conducted.

Two other defense motions made at that hearing were taken under advisement.

In a ruling released earlier this week, Carlisle also denied Bailey's motion to have the case remanded to the grand jury, saying that Bailey failed to show that Stazio intentionally misled or withheld information to the panel.

Carlisle also declined to throw the case out.

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Related Stories:
• More allegations allowed in Van Brunt case
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Reader Comments

Posted: Friday, July 20, 2012
Article comment by: V Stokes

There we go......thanks Beagle! Guess it varies by State then.

Posted: Friday, July 20, 2012
Article comment by: Legal Beagle

In the State of Arizona yhere is no statute of limitations for sexual abuse of a minor child.

I am not an attorney, I don't play one on TV and I have never stayed at a Holiday Inn Express.

Posted: Friday, July 20, 2012
Article comment by: Why would an innocent man

have to spend time in prison? Innocent until proven guilty and they have not done that yet. Don't think they will either.

Posted: Thursday, July 19, 2012
Article comment by: Warren O

V Stokes -

If these charges involve Mr. Van Brunt taking minors across state lines for felonious purposes (or traveling across state lines to commit felonies with minors living in another state), there is no statute of limitations.

Posted: Thursday, July 19, 2012
Article comment by: V Stokes

@Robin Romines
Thank you for the reply...but I think you are incorrect.

I've read of cases where victims can testify to provide corroborating evidence of guilt in a current crime...but the offender cannot be charged with the crime against the witness due to the time limit.

I think you may be thinking of the right to a speedy trial?

I'm not a lawyer and don't play one on TV nor am I a compensated's just the way I understand it.

Posted: Thursday, July 19, 2012
Article comment by: Robin Romines

@ V Stokes
NO, The Statute of Limitations only start after a person is actually charged or allegations have been made.

Posted: Thursday, July 19, 2012
Article comment by: V Stokes

I probably should have asked this when it first was publicized...but isn't there a statute of limitations on this?

Posted: Thursday, July 19, 2012
Article comment by: Concerned Citizen

Maybe if the attorney for this fine model of a citizen, Mr Van Brunt, will keep offering motions that keeps getting thrown out...

Maybe, eventually, everyone will get tired and just say never mind!

Or, maybe they won't. And someone may have to actually spend some time in prison?!

Stay tune, Kingman!

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