CONWAY - Prosecutors have responded to a defense motion to dismiss three commercial-burglary charges against former University of Central Arkansas Chief of Staff Jack Gillean by calling defense complaints “overly dramatic” and filing more charges against Gillean.
Document set
Jack Gillean case
- Jack Gillean order - Dec. 21, 2015
- Gillean defense asks for motion to reconsider judge's decision
- State's respone to Jack Gillean voir dire motion
- State's response to Gillean's motion to seal future motions
- Gillean requests for jury selection process on pretrial publicity
- Gillean requests future court motions to be sealed
- Prosecutor amends charges against Jack Gillean
- State's response to Gillean's motion to dismiss
- Defendant's brief in support of response of quashing subpoena
- Defendant's response to state's motion to quash subpoena in Gillean case
- Motion of discovery for Jack Gillean
- Jack Gillean's 'immunity' motion
- Jack Gillean's motion for bill of particulars
- Jack Gillean's brief in support of bill of particulars motion
- Jack Gillean's motion for severance and election
- Jack Gillean's motion for preservation of evidence
- Jack Gillean's motion for exculpatory evidence
- Change of venue motion filed for Jack Gillean
Gillean, 56, now faces five counts of commercial burglary in addition to charges of fraudulent insurance acts, all felonies; and issuing a false financial statement, a misdemeanor. His trial, scheduled for Oct. 8, will focus only on the charges of commercial burglary. The other counts are to be tried later.
In a motion filed in early August, the defense said the three burglary counts Gillean faced at that time should be dismissed because the prosecution did not specify when it believes Gillean burglarized specific UCA buildings.
Chief Deputy Prosecuting Attorney Troy Braswell wrote in a document filed Friday that the defendant had contended “that he has to rely on assumptions in preparation for the trial” because of the lack of dates in the burglary charges until they were amended.
“This is blatantly false and overly dramatic,” Braswell wrote. “The State has provided sufficient detail for the Defense to prepare its case.”
Braswell said the state also has provided statements from several witnesses about the estimated time of the first burglary as well as a transcript, a syllabus, copies of exams and statements from professors and other witnesses.
In filings Friday in Faulkner County Circuit Court, the prosecutor’s office gave time elements for each of five burglary counts and said an exam was stolen each time: on or about Feb. 10, 2011, in Lewis Science Center; on or about Feb. 14, 2011, in Laney Hall; on or about March 16,2011, in Laney Hall; on or about March 31, 2011, in Laney Hall; and on or about May 2-3, 2011, in Laney Hall.
The prosecution contends that either Gillean or an accomplice was the burglar in each case.
Braswell wrote that the state alleges that Gillean or an accomplice also entered Irby Hall with the plan to steal exams, though none of the amended charges cite a theft in that building.
Braswell said the state’s syllabus contains the dates of those exams. “However, the State is unable to provide more specific detail as to the dates the building was actually entered,” he wrote.
The prosecution has never contended that Gillean entered any of the buildings except for Lewis Science Center to steal tests, Braswell said.
“The Defendant contends he has been prejudiced because he cannot prepare an alibi defense,” Braswell wrote. “However, the defendant’s presence in the building, city, state, or country for that matter do not alleviate his responsibility under accomplice liability.”
Gillean resigned June 15, 2012, after being asked about a grandmaster key found on then-student Cameron Stark.
UCA police have alleged that Stark stole prescription medicine June 9, 2012, from the office drawer of Andrew Linn, a UCA financial-aid employee at that time. Gillean is not charged in that burglary, and Stark has been granted immunity from prosecution in exchange for his cooperation in the case.
Gillean’s trial will be in Van Buren County Circuit Court in Clinton because of a judge’s ruling about pretrial publicity in Faulkner County. A pretrial hearing is Oct. 4 in Faulkner County.
Arkansas, Pages 9 on 09/04/2013