Mistrial declared for teacher

By Russ Cassady Staff Writer

The trial of a former Pike County educator was declared a mistrial Friday following the publication of an article in that day’s edition of the Appalachian News-Express.

In that article, testimony was introduced that indicated there had been a previous unrelated allegation made against former East Ridge teacher Lincoln Shane Bentley.

Bentley, 32, of Neon, is charged with asking a student at East Ridge to show him her breasts for a grade enhancement while he was a teacher there.

The motion for mistrial was initially made by defense attorney Robert Wright, who told the court that the information contained in the article harmed his client’s case.

“I think it was highly prejudicial especially when the court did not allow the jury to go into that,” Wright said. “I think it is a highly prejudicial piece.”

Presiding Judge Kelsey E. Friend Jr. initially indicated that he wanted the trial to continue and Chief Assistant Pike County Attorney Roger Varney opposed the motion, at first.

“If a juror has read the article, there is no way I can allow the trial to proceed,” Friend said initially. “If they have not, I do not see a mistrial.”

The article quoted Kentucky State Police Trooper Johnny Slone as saying during a hearing outside the jury that he had investigated an allegation against Bentley made by a female student last year when Bentley was a teacher at Elkhorn City Middle School.

Slone had also alluded to the previous allegation in front of the jury when asked by Wright why he specifically had been contacted about the East Ridge case.

“The reason I was contacted by Social Services was a prior incident,” Slone testified before the jury before they were removed from the room so the attorneys could discuss whether the previous allegation could be detailed.

The four men and two women on the jury, part of a panel that has seen several cases, all indicated under group questioning they had not seen or read any news accounts of the trial, but Wright asked to individually question the jurors.

After beginning that process and being given a chance to speak with the 16-year-old alleged victim and her family, Varney also said he agreed to not oppose the mistrial motion, which Friend then granted.

Friend reset the trial for August 25.

The judge said during court on Friday that it was his error to not exclude the press from the hearing during which the previous allegation was discussed.

Varney said following the hearing that he changed his mind about opposing the mistrial motion because the evidence revealed in the article, which was not heard by the jury would have given Bentley an appealable issue if he was found guilty.

“The potential for reversal on appeal is there,” Varney said.

However, Varney said his office will continue to pursue the case.

“The Commonwealth is planning on going forward with a trial,” he said. “This is a very important case. It will be retried.”

Wright said his client wants the case to be tried as soon as possible.

“Mr. Bentley’s life is ... on hold at this point,” Wright said.

Jenkins Independent Schools Superintendent John Shook confirmed in April that Bentley had been hired at Jenkins High School and was to be the head football coach beginning on July 1.

Wright also pointed out that the allegations against Bentley are just that — allegations.

“At this point, nothing has been proven,” he said.