Testimony to begin today in Bentley abuse trial

OSCEOLA -- A jury was selected late Monday afternoon in the second-degree sexual abuse trial of James Bentley, 36, of Vinton.

Benton County Attorney David Thompson declined to give his lineup of witnesses taking the stand this morning, saying the trial had been moved once out of his county because of pretrial publicity, so he didn't want to take any chances. The trial was moved to Clarke County to ensure an impartial jury.

Opening statements will begin at 9 a.m. today at the Clarke County Courthouse.

Bentley is accused of molesting Jetseta Gage, 10, the young girl murdered by his brother Roger in 2006. Bentley is already serving a 100-year federal prison sentence in the Anamosa State Penitentiary for a conviction of sexual exploitation and child pornography for taking sexually explicit photos of Jetseta and a 1-year-old girl.

The attorneys discussed two possible rebuttal witnesses -- Robert Bentley, James' brother, and their mother Diana Bentley -- with the judge after the jury selection was completed.

Thompson said he didn't have a chance to depose them and this would be an "ambush by trial" because their names never came up until Monday.

Mark Brown, Bentley's Cedar Rapids attorney, said the two would only be used as rebuttal witnesses. They would only be called if Trena Gage-Bakeoven, Jetseta's mother, or Bentley's ex-wife, Richelle, testified regarding Bentley's behavior toward Jetseta at family functions or other events.

Sixth Judicial District Judge Denver Dillard said he would allow them if they could be questioned by Thompson at the end of the state's case Wednesday. Both attorneys agreed.

Jury selection lasted the entire day Monday because there were several prospective jurors who needed to be questioned individually by the judge and attorneys. These jurors cited specific issues they had with the nature of the case or a witness. They were questioned individually to avoid influencing others.

Both attorneys were specific and direct on their questions to the jury pool in an attempt to ensure a fair panel.

Thompson asked the jurors not to hold him to Hollywood standards. The television series "CSI" always has elaborate and snazzy ways to provide evidence, but methods in Benton County are a little different.

"Is anybody going to be disappointed this week if they don't see 'CSI' evidence? What about 'Boston Legal' and all the crazy antics that happen there in between commercial breaks?" he asked.

Brown told the panel what to expect during the trial because any case involving a child evokes strong emotion. Even if the child doesn't testify, her mother or someone else with personal knowledge of the incident will take the stand. He warned that the jury will hear uncomfortable terms dealing with sexual abuse and body parts, and asked if they can remain fair and impartial.