BENTON COUNTY, Ark. (KNWA/KFTA) — Former Benton County Judge Jon Comstock, 72, has filed a motion requesting clarification of the allegations against him in his contempt of court case.
On September 8, Comstock’s attorney, Jeff Rosenzweig, filed a Motion for a Bill of Particulars in the Circuit Court of Benton County. Comstock petitioned for and was granted a new trial for a contempt of court charge levied against him.
Comstock was jailed on July 8 after disrupting a bond hearing at the Benton County Jail. Judge Chris Griffin ordered him to serve a five-day sentence at the Benton County Jail, with four and a half days suspended.
Comstock has already served the twelve-hour sentence but sought to have the criminal charge vacated or to be granted a new trial regarding the charge.
This recent filing requests specific information regarding the charges against Comstock.
“Specifically, Comstock is entitled to know what it is that he said or did that is alleged to have been contemptuous,” the filing states. “The finding signed by Judge Griffin does not identify what the ‘multiple direct orders’ were and there is no contemporaneous record.”
The filing also notes that if the allegation is of criminal contempt, Comstock is entitled to know the range of possible punishment.
“Comstock’s position is that any sentence more than time served would serve as an improper penalty on the right to appeal,” the filing adds. “If the special prosecuting attorney has a different conception of what the potential punishment is, she should be required to provide that information to the defense so that any further motions can be prepared if needed.”
In an August 5 court filing, Benton County Circuit Judge Robin Green granted prosecutor Nathan Smith’s request to withdraw as the prosecutor for Comstock’s trial. Judge Green instructed the Arkansas Prosecutor Coordinator, Bob McMahon, to seek and recommend a “suitably qualified special prosecutor for this case.”
Little Rock attorney Emily White was appointed as the special prosecutor.