Death muddles James Bentley trial, defense lawyer says

Jetseta Gage's absence in the abuse case will thwart his right to face his accuser.

Now that Jetseta Gage is dead, defense attorneys said Wednesday, it will be more difficult to prosecute James Bentley, the man accused of sexually molesting the 10-year-old Cedar Rapids girl over a two-year period.

James Bentley is the brother of Roger Bentley, who is accused of kidnapping and murdering Jetseta last week.

Before Jetseta was killed, she was interviewed about the alleged abuse on videotape at the Child Protection Center at St. Luke's Hospital in Cedar Rapids.

"We've got her telling her story," said Vinton Police Chief Jeff Tilson. "Even though it's not in person, she's still going to be able to speak."

But James Bentley's lawyer said he intends to raise objections if prosecutors try to use the videotaped statements at trial, because Jetseta can no longer be questioned.

"I think there's going to be a real issue with Mr. Bentley's right on confronting his accuser here," said David Fiester, a Cedar Rapids public defender.

The U.S. Supreme Court in March 2004 made it clear that the Sixth Amendment of the Constitution guarantees criminal defendants the right to confront their accusers. It ruled that testimonial statements of a witness who did not appear at trial are not admissible unless the defendant had a previous chance to cross-examine that witness.

A lawyer and a defendant can confront a witness before a trial during a deposition, asking the witness to state under oath what he or she will say during testimony.

But Fiester never took any depositions in this case, he said.

"Jetseta never sat down - I never had the chance to ask her any questions," he said. "And in this particular case, there will never be a chance for cross-examination during the trial."

Law professors said Wednesday that this could spell trouble for the prosecution.

"It's a very serious problem," said Stephanos Bibas, an associate law professor at the University of Iowa and a former federal prosecutor. "It's a real hurdle in a case like this."

Bob Rigg, an associate law professor at Drake University, said it would be up to a judge to decide whether Jetseta's videotaped statements will be admissible at James Bentley's trial.

"But you're still getting into a situation where you've got all sorts of problems," Rigg said. "The next question is: Do you have enough evidence from other sources to build a circumstantial case? And if you don't, you're out."

One of the prosecutors, Linn County Attorney Harold Denton, said Wednesday that he would not comment on whether there is strong evidence aside from Jetseta's statements.

"We'll just see what happens in court," Denton said.

James Bentley was arrested in Linn County in November after Jetseta told police he had molested her at her Cedar Rapids home between Jan. 1, 2002, and Nov. 17, 2004.

Benton County officials arrested him in January on the same charge, second-degree sexual abuse, based on allegations he performed sex acts with Jetseta when she was staying overnight at his Vinton apartment on two weekends last fall.

Her mother, Trena Gage, dated James Bentley some time ago.

James Bentley's brother, convicted sex offender Roger Paul Bentley, 37, was charged Monday with kidnapping and first-degree murder for allegedly taking Jetseta Gage from her Cedar Rapids home to an abandoned Johnson County mobile home, sexually assaulting her and asphyxiating her.

James Bentley's trial is scheduled for May 31.