FAYETTEVILLE — Attorneys for accused double-murder defendant Andrew James McGann filed a motion Tuesday asking a Washington County judge to bar prosecutors from seeking the death penalty, arguing the elected prosecutor violated a court gag order by publicly discussing the case.
The filing claims Washington County Prosecuting Attorney Brandon Carter referenced McGann and the pending prosecution in campaign media and during a January civic presentation, despite a court order limiting what attorneys can say publicly about the case.
The judge had previously prohibited lawyers from making public statements about evidence, the defendant’s guilt or innocence, or the likelihood of conviction. The order specifically included statements made to the media or on social media.
The defense points to a January campaign YouTube video that included Carter saying “keeping dangerous criminals off our streets” while McGann’s arrest photo appeared on screen.
They also cite a Jan. 29 presentation Carter gave to a civic group in Springdale. According to the filing, Carter displayed slides about the case and told the audience:
“This guy’s name is Andrew McGann. This is the Devil’s Den case… they were both murdered. They were victims in a double capital murder case while I was prosecuting.”
The motion says Carter also acknowledged during the presentation that a gag order existed, telling the audience, “Essentially, I’m not allowed to say anything that relates to the facts of the case.”
Video from the event and campaign posts remain publicly available online, according to the defense.
McGann’s attorneys argue the public comments risk contaminating the future jury pool and improperly politicizing the prosecution.
They claim describing the defendant as a “dangerous criminal” and referencing the case publicly violated the court’s order and undermined McGann’s right to a fair trial.
Because of that, the defense is asking the judge to take what the motion calls the “extraordinary step” of prohibiting the state from pursuing the death penalty if McGann is convicted.
McGann, 29, is charged with two counts of capital murder in the July 26, 2025 stabbing deaths of Cristen and Clinton Brink on a trail at Devil’s Den. He pleaded not guilty at his arraignment last August.
Prosecutors previously filed notice that they intend to seek the death penalty, alleging the killings involved multiple victims in a single episode and were committed in an especially cruel or depraved manner. The Brinks’ children were with them at the time of the attack.
Pretrial hearings are scheduled for April 1 and May 26.
