As his defense attorney pushed on Monday to disqualify the judge now assigned to hear his case, Eric C. Stearns, a choir instructor at St. Helens High School who is accused of sexually abusing students and others, will stay in detention without bond until a future hearing.
Jennifer L. Myrick, the attorney for Stearns, requested that an independent judge hear oral arguments on her third move to remove Columbia County Circuit Judge Nickolas Brajcich from Stearns’ case, which resulted in the postponement of his preventative detention hearing to reconsider bail for a second time on Monday.
Myrick expressed concerns about receiving a fair and impartial trial before Brajcich, claiming he was dishonest during a closed-door hearing in which he reprimanded her for bringing up the fact that another judge had denied her client a public defense attorney on the same day Stearns was indicted on additional charges. This led to the initial postponement of the detention hearing on Friday. Additionally, she claimed that Brajcich had changed court documents by substituting his own order for the other judge’s.
The 46-year-old Stearns is still being held at the Columbia County Jail. He is accused with one crime of first-degree sexual abuse, thirteen charges of second-degree sexual abuse, and four counts of third-degree sexual abuse involving students, former students, and adult associates. He has entered a not guilty plea to the 18-count indictment.
On Monday, Stearns sat beside Myrick in court.Following a half-hour wait, Brajcich mounted the bench and made an effort to explain the purported change in the court record and the seeming disparity when he informed Myrick in his chambers on January 7 that he was the judge who had determined her client was not qualified to represent her in public defense. Myrick claimed that she was reprimanded by Brajcich for making a mistake when she pointed out at the discussion that Circuit Judge Michael T. Clarke had signed the order depriving Stearns of a court-appointed attorney.
Brajcich attributed the disparity on an error made by a staff member. He said that before a prosecutor filed a fresh 18-count charge against Stearns later that afternoon, he signed the order at 2:15 p.m. on January 3.
Because sitting judges usually make such decisions, a court official handling Stearn’s application for a court-appointed attorney instead entered Brajcich’s denial into the court record by stamping it with the name of sitting Judge Clarke, according to Brajcich. Clarke had been removed from the case by that point.
According to Brajcich, the employee entered the order incorrectly and then replaced it with the one Brajcich had filed.
Sadly, Brajcich continued, Myrick made snap judgments that were just untrue.
Brajcich gave Myrick two options in front of a packed courtroom that included the St. Helens police chief, two detectives involved in the case, four alleged victims, and their attorneys: either he waived Stearn’s right to a detention hearing within five days of his arraignment and the court would find a new judge to hear the disqualify motion, or he continued with a detention hearing on Monday and dropped her motions to disqualify him.
Myrick went with the latter. She claimed to have taken issue with Brajcich’s justification.
She informed him, “There is a substantial paper trail that shows that I am not wrong.” A hearing with an impartial judge is necessary for the motions to disqualify. You cannot categorically refute it, especially when an oral argument is asked for.
Brajcich stated that he was unable to schedule the motion to disqualify at this time since he was unsure of the outside judge who would preside over it.
Erin Brady, the prosecutor, told the court, “I just don’t want the victims to be forgotten here,” but she remained neutral. They have already appeared in court twice to have the hearing postponed, which is regrettably extremely unjust to them.
While expressing regret to the people in the courtroom, Brajcich stated that he had to ensure that Stearn’s fundamental rights were respected as well.
Those in the public gallery then left the courthouse as Brajcich sent Stearns back to jail. One of the young ladies who accused Stearns sobbed, and several others hugged each other in the hallway.
Three of Stearns’ alleged students are represented by attorney Amber Kinney, who claimed it is very taxing for them to repeatedly appear in court, be prepared to testify, and then be dismissed once more.
On November 13, Stearns was first taken into custody on charges of mistreating six students, both past and present. After being arraigned, he was freed from detention pending trial. Following the disclosure of six more women and girls, he was then indicted in an 18-count indictment.
According to Brady, the latest indictment includes two adults who claim Stearns sexually abused them in 2021 and 2022, as well as allegations of sexual abuse made by current or former pupils from 2015 to the current school year.
Brajcich ordered Stearns to be kept without bail pending a preventative detention hearing after he turned himself in on the new indictment on January 4 and was previously being held on $300,000 bail until arraignment.
— Maxine Bernstein writes about criminal justice and federal courts. You can contact her via [email protected], 503-221-8212, X@maxoregonian, or LinkedIn.
Your support is essential to our journalism. Sign up for OregonLive.com now.
Stories by
Maxine Bernstein
-
Federal judge finds city of Corvallis retaliated against city councilor for exercising free speech
-
St. Helens High choir teacher s release hearing postponed after his defense lawyer raises concern about judge
-
Woman who concealed drugs in bra during visits to federal prison in Oregon gets her own prison term
-
Convicted murderer Mark Wilson walks out of prison after just over 35 years behind bars in notorious central Oregon killings
-
Convicted kidnapper Negasi Zuberi attempted a 2nd escape from jail, prosecutor says
