Ex-police officer indicted for sexual abuse has trial date reset

Posted: Friday, February 18, 2011

A Juneau police officer indicted by a grand jury on four charges of sexual abuse of a minor had a trial date changed in Juneau Superior Court on Thursday.

Brian Ervin, 39, is accused of three counts of sexual abuse of a minor in the first degree, an unclassified felony, and one count second degree sexual abuse charge, a class B felony.

Ervin’s trial was scheduled to begin in March.

Judge Trevor Stevens, appearing telephonically, set a tentative trial date of June 6 unless the defense files paperwork for an April 18 date.

Defense attorney Louis Menendez said an expert witness that was involved in another case is now unburdened and a parallel case to Ervin’s has information that may be important when resolved.

“There are a number of things to talk about before we proceed to trial that are still not resolved,” Menendez said. “There is a parallel (child in need of assistance) case that has documents that may be relevant to the criminal case.”

The state, represented by District Attorney Dave Brower, did not oppose the new trial date.

Ervin could face 99 years in prison on each first-degree count if found guilty, though Alaska statutes presume a sentence of 20-35 years, depending on the age of the victim.

The conduct is alleged to have occurred from April 2008 to June 2010. Ervin is not currently working as a police officer but is still employed by the city.

• Contact Klas Stolpe at 523-2263 or klas.stolpe@juneauempire.com.

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