A former teacher, known for his distinct hairstyle, who is accused of fatally stabbing a couple while they were hiking with their kids, is requesting that a judge overturn the death penalty in his case. He claims that prosecutors have breached a gag order.
Andrew McGann, who has undergone a significant change in appearance since his arrest in July, contends that comments made by prosecutor Brandon Carter during his campaign for a judgeship could bias potential jurors, thereby compromising the fairness of his trial.
McGann’s legal team alleges that Carter’s statements, which included references to the case, violated a gag order established by Judge Joanna Taylor back in August. For instance, a YouTube video released on January 28 showcased a photo of McGann while Carter asserted he was “keeping dangerous criminals off our streets.”
Additionally, Carter appeared in another video at a local event the following day, highlighting high-profile cases he was involved with and stating, “I cannot comment on anything related to the facts of the case.”
McGann’s lawyer, Catherine Street, maintains that Carter’s comments represent a “clear violation of a court order.” She emphasized that the politicization of the case heightens the risk of an unjust jury selection.
Street argued that, given Carter’s apparent disregard for the gag order, the death penalty should not be considered. Carter has stated he did not violate the order and emphasized that it does not ban public speaking prior to the trial.
The prosecution responded by labeling McGann’s request as illegal, suggesting that if he feared bias among jurors, he could seek to have the trial relocated.
McGann, 28, has pleaded not guilty to two counts of capital murder and has been incarcerated since his arrest. The couple, Clinton, 43, and Kristen Amanda Brink, 41, were tragically killed on July 26 while attempting to protect their daughters, aged seven and nine, during an ambush at a well-known hiking area famous for its caves and rock formations. Interestingly, the girls were unharmed in the incident.
