Ervin omnibus hearing rescheduled

Posted: Sunday, November 21, 2010

Editor's note: The following story contains a description of an alleged crime of a sexual nature. Readers are encouraged to use their own discretion when reading.

The omnibus hearing for a Juneau Police Department officer accused of sexually abusing a minor was rescheduled in Juneau Superior Court on Friday.

Judge Trevor Stephens moved the hearing for Brian Ervin to 1 p.m. Dec. 13. A tentative trial date of March 4 has been set.

Ervin's attorney Louis Menendez also filed a motion before Stephens to dismiss the grand jury indictment on Ervin, stating the indictment is flawed.

Ervin is being charged with three counts of first-degree sexual abuse of a minor and one count of second-degree sexual abuse of a minor. Ervin faces a potential sentence of 99 years in prison if convicted, though Alaska statutes presume a sentence of 20-35 years.

Interviews with the alleged victim by the Juneau Police Department, the Office of Children's Services, the Child Advocacy Center and the District Attorney's office revealed the alleged victim stated Ervin inappropriately touched her on multiple occasions between April 2008 and July 2010.

A Sept. 16 press release from JPD Chief Greg Browning stated Ervin has been removed from law enforcement duties and reassigned to duties outside of the police department until the matter is concluded.

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