Binns Sentenced to 45 Years for 2 Counts of Sexual Assault
July 15th, 2011 by Joe Burgess 
Michael Binns, Sr. was sentenced to 20 years on each of the 2 sexual assault convictions, and 5 years for the introduction of a controlled substance charge.
The jury recommended the sentences run consecutively, for a total of 45 years.
Judge Sam Pope agreed and set Binns’ sentence at 45 years in the Arkansas Dept. of Corrections..
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At 4:40, the jury in the case of Michael Binns, Sr. told the court that they had found him guilty of 2 counts of 2nd degree sexual assault.
They also found him guilty of 1 count of introduction of a controlled substance.
At 5:45 pm, after hearing both attorneys presentation in the sentencing portion of the trial, the jury went back into deliberations to decide Binns’ prison sentence or fines.
The sentence for each of the 2nd degree sexual assault charges is 5-20 years and /or a $15,000 fine.
The sentence for the introduction of a controlled substance is 3-10 years and/or a $10,000 fine.
Possible release dates for those sentences would be after approximately 1/6 of each sentence.
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4 pm update
At 9:40, Thursday morning, the prosecution rested in the trial of former Monticello School choir director Michael Binns, Sr.
At 10:30, after calling 3 defense witnesses, the defense rested their case.
Binns is charged with 2 counts of rape and 2 counts on introduction of a controlled substance, into the 2 alleged victims.
Thursday’s Court Session
Court was set to resume at 9 am, this morning, but court was moved to Pauline Baptist Church, since the power outage eliminated half of the courthouse eliminated air conditioning, the sound system, and other court tools.
Power was restored just before 9 am, while the move to the church was being completed, so court was moved back to the courthouse, and began at 9:20.
The prosecution showed a video to the jury, from Binns phone, which was followed by the testimony of Arkansas State Police investigator, Karen Clark about items found in Binns home. Photos of beer bottles, a beer box, and a box of medication (included generic Xanax) were shown to the jury.
Defense attorney Bill James asked Clark, among other questions, if the bottles appeared to have been washed; she replied that they didn’t.
After Clark stepped down, the prosecution rested their case.
At 9:40, the jury left the courtroom, and the lawyers began a conversion at the judges bench.
The defense began presenting their case at 10:10 by recalling State Police investigator Karen Clark to the stand.
Both Clark and DCSO Lt. Investigator Rick Rausch were questioned about “cross-contamination of witnesses? because the two alleged victims were interviewed together.
At 10:25, the defense called the DMH EP LPN to the stand, for information gained from her conversation with victim 1, when he came to the emergency room that day.
At 10:30, the defense rested their case. The jury was then sent out of the room, for the court to prepare the ” jury instructions”.
Court took lunch recess at 11:15, and began jury instruction at 12:15.
Deputy prosecuting attorney followed with the state’s closing arguments, which were completed at 1:15, when defense attorney James closing argument began, which continued until 2:05.
Spain closed the closing with his final presentation, which concluded at 2:25.
The jury went into jury chambers at 2:30, and has been in deliberations for over 1 1/2 hours.
Wednesday’s Court Session
Jury selection began at 9 am, and was completed around 11:30. 19 potential jurors were disqualified for various reasons, before the attorney made their “strikes”.
Opening arguments began at 11:30, and were completed at 12:05, when the court took a lunch break.
The allegations are that Binns invited to two alleged victims to his home to celebrate one of the pair’s 16th birthday. They accuse him of providing them beer, and putting a drug like Lorazepam (Xanax or Alprazolam) into the beers. Those prescription drugs are in the class of medications called benzodiazepines.
Witness testimony began at 1:10, with Sheriff Mark Gober, who made the traffic stop on the 2 alleged victims, as they were leaving Binns residence on November 13, 2010.
The first victim took the stand around 1:25, followed by the other victim from 2:10 until 3 pm.
Events that occurred at the Binns residence, reportedly beginning at 8:30-9pm on November 12, and continuing through the sheriff’s traffic stop, the victims’ later report of the situation, and the statements to police that followed.
The court took a short recess at 3 pm.
Between 3:15 and 4:05, witnesses included the Drew Memorial Hospital records clerk, DMH emergency room RN on duty for the 2 exams, the DMH ER doctor on duty during those exams, and a hospital lab tech.
A forensic toxicologist from the state crime lab was sworn in as a witness at 4:15, followed by a forensic urologist at 4:45, a forensic DNA examiner at 5:05 pm, and a forensic chemist at 5:30, all from the state crime lab.
An Arkansas Forensic Computer lab technician took the stand around 5:30, to testify about text messages sent to one victims that day, and also a video that was stored on Binn’s cell phone.
Around 4:40, there was a power outage that shut down some of the courtroom lights, the air conditioning sysbem, the sound system, and some electric outlets, including the power to the video screen.
Deputy prosecuting attorney Frank Spain attempted to play the video on a laptop computer, but will replay it later, when the electric issues have been resolved.
Court dismissed at 6 pm, and will resume Thursday at 9 am.
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Judge Denies Motions to Suppress Statement & Search Warrants in Binns Case
June 30, 2011
Circuit Judge Sam Pope, Tuesday afternoon, issued a decision denying the defense’s motions to suppress Michael Binns’ statement to police, and evidence recovered from his home during searches by police on November 13 and 15, 2010, according to a “Findings and Order” filed with the circuit court clerk.
Judge Pope’s decision was based on evidence that Binns had not been arrested at the time of his statement and the first search. Also, his request to speak with deputy prosecuting attorney Nina Pamplin, seems to have been asked because of his friendship with her, not in her capacity as a lawyer. Other comments made by Binns also referred to their friendship, and none were made about her as possible legal council. After being told that Pamplin said that she couldn’t represent him, Binns did not ask for another legal representative.
The November 15th search was also found to be acceptable, based on the warrant’s application affidavit, by Investigator Clayton Moss, of the Arkansas State Police.
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Storage Shed Search Warrant Suppressed, Judge Takes Other Binns’ Case Issues “Under Advisement”
June 17, 2011
In a series of evidence suppression hearings that lasted over 3 hours, Friday, Circuit Judge Sam Pope ruled for the defense in the case of any items that were found in a November 17, 2010 search of a rented storage shed, belonging to former Monticello School choir director, Michael Binns, Sr.
The judge took all other evidence involved in suppression motions “under advisement” until a decision is reached by the court.
The consent to search of Binns home on Nov. 13, a follow-up search of his home and a nearby building, as well as statements made on the day Binns was arrested, are also being evaluated by the court.
Binns’ trial begins on July 12.
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Prosecutor Files Rape, Drug, & Gun Charges Against Former Choir Director
Nov. 24, 2011
Prosecuting Attorney Thomas Deen has filed multiple felony charges against former Monticello High School choir director, Michael Binns, Sr. following his arrest, on November 13.
Binns has been charged with 2 counts of “introduction of a controlled substance” , without the knowledge of the victim, for the purpose of engaging in an unlawful sexual act.
He is also charged with 2 counts of rape, defined as engaging in deviate sexual activity with a mentally incapacitated person (because of the “introduction of a controlled substance); a theft of property charge (possession of a stolen gun), and possession of a defaced firearm.
Each of the 4 “introduction” and rape charges carries a sentence ranging from 10 to 40 years, and are class “Y” felonies.
Binns bonded out of custody last Friday
Posted November 19, 2010
Update on Status of Former MHS Choir Director in Jail on Rape Charges
Former Monticello High School choir director, Michael Binns, Sr., arrested last Saturday and charged with two counts of rape and other charges, has received his mental evaluation as required by the courts and has been returned to the Drew County Detention Facility (where he is being housed in a single-man cell unit).
Binns is eligible to bond out based on requirements ordered by the Monticello District Court during his first appearance hearing, as long as he is closely supervised by family members and wears an ankle bracelet monitoring system.
According to Drew County Sheriff Mark Gober, “other people who may have moved from the area or graduated years ago have made similar allegations which are being investigated.”
The Arkansas State Police are also involved in the investigation.
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Posted November 18, 2010.
This is the statement issued by the Monticello School District in reference to the alleged charges against former choir teacher Michael Binns, Sr.:
“Monticello School District is aware of multiple felony charges being brought against former employee Michael Binns. The Monticello School District notes that the allegations all involve conduct that is alleged to be recent and after Mr. Binns retirement from the district. The Monticello School District has confidence in our criminal justice system to see that justice is done in this matter for all concerned. Respecting the rights and sensibilities of all concerned, the Monticello School District will have no further comment regarding this matter.”
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Story posted in it’s original form on Sunday, November 14, 2010.
Michael Binns, Sr., a former Monticello schools choir director with a 35-year career of teaching music, received a $200,000 bond Monday for two counts of rape. The alleged victims are 16- and 18-year-old males.
Binns remains in custody as of Wednesday morning.
Stipulations required for Binns to be released on bond include: he is not to contact the victims or their families; he is to remain on house arrest at his home and wear an ankle braclet: no guns are allowed at the residence; and family members are to visit him multiple times, daily.
According to Drew County Sheriff Mark Gober, Michael Binns, Sr., age 57 of Monticello, was arrested Saturday evening and charged with two counts of rape and other charges for events that took place between Friday evening and Saturday morning.
Binns is also charged with possession of a defaced firearm and theft by receiving.
He is being held in the Drew County Detention Facility.
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