The crazy-haired ex-teacher accused of fatally stabbing a couple hiking with their kids wants a judge to nix the death penalty in his case, claiming prosecutors violated a gag order.
Andrew McGann — whose coifs have dramatically evolved since his July arrest — claimed prosecutor Brandon Carter made statements about the case as part of his campaign for a judgeship, which risk prejudicing future jurors and preventing him from getting a fair trial.
Lawyers for McGann — who allegedly admitted to slaying Clinton David Brink, 43, and wife Cristen Amanda Brink, 41, in front of their two young daughters — accused Carter of violating an August gag order from Judge Joanna Taylor.
For example, in a Jan. 28 YouTube video on the prosecutor’s channel Brandon Carter For Court of Appeals, he claimed he was “keeping dangerous criminals off the streets,” flashing a picture of McGann.
And the next day, Carter was shown in a video speaking at a local event reminding the audience about the high-profile case he was handling. He goes on to say, “I’m not allowed to say anything that relates to the facts of the case.”
Carter’s two references to the McGann prosecution was evidence of “blatant violations of the Court’s Order,” McGann’s defense lawyer, Katherine Streett, claimed in papers from Tuesday.
“The prosecuting Attorney’s politicization of this case substantially increases the likelihood of a tainted jury pool,” Streett wrote.
Streett said since it looks like Carter doesn’t plan to follow the gag, then death should be taken off the table.
Carter fired back claiming the gag order is “not an absolute prohibition on any pretrial public statements,” and claimed he didn’t break the rules.
The prosecutor also claimed what McGann was seeking wasn’t legal and that if there was any concern about jurors being prejudiced the McGann could simply ask for the trial to be moved to another court.
McGann, 28, pleaded not guilty to two counts of capital murder. He’s been in jail since his arrest.
The Brinks were allegedly butchered by McGann on July 26 as they tried to save their daughters, ages 7 and 9, while the family of four was ambushed during their hike at the popular tourist spot renowned for its caves and rock formations. The girls were not physically harmed in the attack.