New charge filed against Castleman after Supreme Court overturns child abuse conviction | News, Sports, Jobs

The Ward County State’s Attorney’s Office filed a new Class C felony charge of possession of an electronic device against Brent Allen Castleman, 54, a week after the North Dakota Supreme Court ruled that his child abuse conviction should be overturned.

Her father, Vance Allen Castleman, 78, is charged with the Class C felony of delivering an electronic device to an inmate, as a co-accused.

The alleged offense dates back to April 16, 2021, but the charge was not filed with the court until January 7, the day after the Supreme Court ruled Castleman’s conviction should be overturned and his attorney said. that he would be released from the state penitentiary. .

Ward County Assistant State’s Attorney Tiffany Sorgen filed a motion to dismiss the warrant for the arrest of the two men on January 10, which was granted on January 11. Sorgen said in a court filing that the prosecution would be handled by the North Dakota attorney general’s office. . No hearing has been scheduled. Cases are still active on the North Dakota Courts site.

According to a probable cause affidavit filed with the court, law enforcement officers were escorting Brent Castleman to a hearing in Ward County Court on April 16, 2021. At the end of the hearing, he received a sealed envelope , as well as legal documents. papers, by his lawyer. When he was brought back to the prison, he was searched and the sealed envelope was found to contain a flat, hard object which turned out to be a computer tablet. The object was seized and entered into evidence. Law enforcement searched Brent Castleman’s electronic communications from prison and found text messages and phone calls from Brent Castleman to his father, Vance Castleman, asking Vance Castleman to charge the tablet, put it in a envelope and give it to his lawyer before April. 16 hearing. Brent Castleman would have liked to review photographs on the tablet for a case. The case was not prosecuted at the time due to lack of evidence that a crime had been committed.

On December 14, 2021, Brent Castleman allegedly wrote a letter asking for the release of the tablet and the charges were filed the following month.

Brent Castleman had been convicted of physically assaulting a woman in front of a young girl and making the child tremble and cry. Northeast District Court Judge Michael Hurly sentenced Castleman in January 2021 to 10 years in prison, including five years suspended. Castleman was serving his sentence at the James River Correctional Center in Jamestown. Brent Castleman appealed the conviction to the Supreme Court, which ruled on January 6 that the incident did not constitute child abuse because prosecutors had failed to prove there was a lasting effect on the psychological, emotional or mental health of the girl.

Castleman’s attorney, Kyle Craig, said after the ruling that the Ward County State’s Attorney’s Office was “overzealous” and “determined to condemn (Castleman) no matter what lines are crossed.” Craig had claimed that Castleman had been tried five different times on 16 different counts and each time had been acquitted or had the charges dismissed. Ward County State’s Attorney Roza Larson said in response that a jury found Castleman guilty of child abuse and the conviction was overturned on a technicality. She expressed hope that the Legislative Assembly will review domestic violence laws in the next session so that “Such trauma inflicted in the presence of children can be dealt with appropriately.”

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