Estimated read time: 4-5 minutes
- Brandon Beckham's sexual abuse trial ended in a mistrial due to his actions, a judge said.
- Beckham's attorney requested a mistrial that was granted by the court.
- Prosecutors plan to retry the case, with Beckham's next court hearing in February.
PROVO — A former Utah state Senate candidate's sexual abuse trial ended abruptly on Tuesday after the judge declared a mistrial.
Brandon Beckham, 49, faces one felony charge of forcible sexual abuse filed nearly three years ago.
His trial was underway in Provo this week with the accuser on the stand, under cross-examination by one of Beckham's defense attorneys, when everything came to a halt.
Right after a break in the trial on Monday, Beckham's lead defense attorney, Justin Morrison, informed the judge that his female co-counsel was not comfortable with Beckham's personal interactions with her and did not want to continue as counsel.
"She informed me that our client Brandon Beckham, that was seated next to her at the counsel table, had when he was asking her questions, had placed his hand on her back," Morrison told the judge. "Some of the subsequent times, the hand, she said, the hand was getting noticeably lower when it would touch her on the back."
"(Beckham) told me that his version was different," Morrison continued. "He did not feel there was any inappropriate touching."
Morrison then told the judge he also felt he had a conflict and requested a mistrial.
At first, the judge was reluctant and denied the motion.
"It's a social faux pas; it's not really a crime," Judge Thomas Low said of the conduct that had been described.
The next day, Morrison again asked for a mistrial, informing the judge he was aware of additional information subject to attorney-client privilege that he could not disclose.
The judge decided to have another judge speak with Morrison confidentially and make a recommendation.
After speaking privately with Morrison, Judge Jennifer Mabey released a written ruling advising that Morrison "should be allowed to withdraw" as Beckham's attorney, noting she considered "additional context and information" that included "undisclosed attorney-client communication."
"The defendant is entitled to have counsel that can provide adequate representation, free of conflicts," Mabey wrote. "However, the defendant is not entitled to benefit from a conflict that is created in large part based upon his own actions and then benefit from that conflict."
"But in fact, that's almost exactly what happened here," said KSL legal analyst Greg Skordas.
"It's a benefit to the defendant because he is not in custody," said Skordas. "It gives him another four or five or six months of freedom, and it also gave him the opportunity to see part of the state's case."
Skordas said what occurred during the trial was "very, very abnormal," but the judge who advised a mistrial would not have done so based solely on what was shared in open court.
"It's likely that something occurred, or the defendant disclosed something, or his attorneys learned something more than just what's on its face here," said Skordas.
Beckham agreed to waive any double jeopardy claims in dismissing the jury.
During a phone call Friday, Beckham told KSL he did not do anything inappropriate.
In a statement released to the KSL Investigators, he wrote, "At the outset of this case, I unequivocally declared my innocence — a position I have steadfastly upheld for nearly three years since the false accusation arose during the early stages of my 2022 campaign for the Utah Senate."
The statement continued, "The recent mistrial is a necessary and positive step toward protecting my Sixth Amendment right to a fair trial."
Beckham also wrote he is "confident that justice will prevail."
Both defense attorneys involved said they could not comment Friday because the case is still pending.
A spokesperson with the Utah County Attorney's Office said the delay of a mistrial is frustrating, both for prosecutors and the woman who accused Beckham, who had to emotionally prepare for the trial.
Prosecutors said they will retry the case as soon as possible. The KSL Investigators first reported that Beckham was charged in March 2022.
According to charging documents, a woman reported a nonconsensual sexual encounter with Beckham to law enforcement in Pleasant Grove in June 2021.
A delay in prosecutors screening the case meant the charge against Beckham was not filed until February 2022. In June 2022, Beckham was accused of violating a court order prohibiting him from having any contact with the woman when she received campaign emails, one of which referenced the pending sexual abuse case.
Beckham is due back in court in February for his next hearing in the case.
