A defense motion, filed in early August, to dismiss three commercial burglary charges against former University of Central Arkansas Chief of Staff Jack Gillean has resulted in additional charges from the prosecution.
The additional charges were filed Friday by Faulkner County Deputy Prosecuting Attorney Troy Braswell.
Gillean now faces five counts of commercial burglary, one count of fraudulent insurance acts and one misdemeanor charge of issuing a false financial statement.
In its motion, the defense claimed to be relying on assumptions in preparation for the trial, due to the fact the prosecution had not provided dates for the alleged burglaries.
“However, with respect to the date of the burglaries referenced in the three counts of the Felony Information, the Defendant cannot adequately prepare for trial, or be in position to claim double jeopardy in a subsequent prosecution, with the information provided and, therefore, the counts fail to state an offense,” the defense wrote in its Aug. 7 motion.
“This is blatantly false and overly dramatic,” Braswell wrote in the prosecution’s Aug. 30 response. “The state has provided sufficient detail for the defense to prepare its case.”
Since the defense’s motion, Braswell said the prosecution has “further reviewed” documents and re-interviewed witnesses, and was able to provide dates for each of the alleged exam thefts for which Gillean faces charges.
The prosecution states a break-in occurred on or about Feb. 10, 2011, in the Lewis Science Center. The charge associated with the Lewis Science Center break-in is the only event in which the prosecution has contended that Gillean actually entered the building, Braswell said.
The prosecution contends that Gillean, or an accomplice, entered Laney Hall to steal exams on Feb. 14, 2011; March 16, 2011; March 31, 2011; May 2, 2011; and May 3, 2011.
Braswell said the prosecution also contends Gillean, or an accomplice, entered Irby Hall to steal exams, but was “unable to provide more specific detail as to the dates the building was actually entered.”
None of the charges Gillean faces reference Irby Hall.
“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’s resignation resulted from a complaint filed June 11, 2012, by former UCA employee Andrew Linn, who said medication was taken from a drawer in his office.
Gillean resigned June 15 when after it was determined by UCA police that a master key, issued to him, was used in the break-in. Gillean was not charged in the case.
Gillean’s trial is set for Oct. 28 in Van Buren County Circuit Court. A final pre-trial hearing is scheduled for Oct. 4 in Conway.
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