Latest news with #ChristineBanfield
CTV News
5 days ago
- CTV News
Child's interview can't be used in her father's trial in killings of wife and other man, judge rules
This image provided by the Fairfax County Police Department and taken on Oct. 13, 2023, was submitted as evidence in the murder case against Brendan Banfield shows a framed photo of Banfield and Juliana Peres Magalhães on his bedside table in Herndon, Va. (Fairfax County Police Department via AP, FILE) FAIRFAX, Va. — A northern Virginia circuit judge ruled on Friday that prosecutors' case against an IRS agent charged with killing his wife and another man cannot include a recorded interview from the defendant's young daughter. Fairfax Circuit Court Chief Judge Penney Azcarate on Friday denied prosecutors' motion on the admissibility of the young child's conversation with a forensic interviewer about what she believed was happening the morning her mother was killed at her home. That child's father, Brendan Banfield, was later charged with aggravated murder in the February 2023 deaths of his wife, Christine Banfield, and Joe Ryan, a man who was invited to the house that day. Deputy Commonwealth's Attorney Eric Clingan argued that the child's interview should be admissible evidence at trial because she is a victim of her father's alleged killing. The killings occurred while the child was in the Banfields' basement, authorities have said. In December, Banfield was indicted with child abuse and felony child cruelty in connection with the case. 'It's an act of abuse against her by virtue of what her father did that morning,' Clingan said in court. Meanwhile, John F. Carroll, who represents the father, argued in court that Banfield did not consent for his child to be interviewed by authorities at the police's headquarters. Azcarate sided with the defense, citing a statute that a child's interview would be admissible only if the child was being directly victimized by the parent. She acknowledged authorities later pressed child abuse-related charges, but she said those indictments were not the basis for officials' interview of Banfield's daughter that day. 'The interview doesn't fall within the statute,' Azcarate said. Complex investigation and prosecution The evidentiary hearing is one of a series of developments in the officials' multifaceted investigation and prosecution of Christine Banfield and Ryan's killings. Carroll also moved on Friday for the court to rescind Banfield's indictment and remove Clingan, the lead prosecutor, from the case. In his arguments, Carroll argued that Clingan guided Banfield's co-defendant in an interview, though Azcarate denied both motions. That co-defendant, Juliana Peres Magalhães, was originally arrested and charged with second-degree murder in the case. At the time of the killings, Magalhães and Banfield informed authorities that they walked in on Ryan attacking Christine Banfield and both shot him with different weapons, attorneys have said in court. But last year, Magalhães pleaded guilty to manslaughter in what prosecutors have long described as a scheme led by Banfield and the au pair to frame Ryan in the stabbing of Christine Banfield. Ahead of her plea, Magalhães provided a proffer to officials and was interviewed by Clingan, attorneys have stated in court. Her proffer corroborated a catfishing theory that Ryan was lured to the home on a social networking platform for people interested in sexual fetishes. She also corroborated the theory that Magalhães, who began working for the family in 2021, and Brendan Banfield had a romantic relationship that began before the killings, and that she helped the husband in his conspiracy to kill his wife. 'I'm just so upset and heartbroken for doing this to Brendan,' the au pair wrote to her mother from the Fairfax County jail last October in a message, which has since been entered into court evidence. 'I love him and he loves me too, I have no doubts. But it's the right thing to do. For you. I want to be with you again.' Dispute arises over catfishing theory Despite her proffer, a divide appears evident among officials over the catfishing theory. Brendan Miller, a digital forensic examiner with the police department, testified earlier this month that his analysis of forensic evidence also suggested Christine Banfield was seeking to have an affair with Ryan. Miller testified that his analysis was based on multiple devices, and he concluded that Christine Banfield had connected with Ryan through a social networking platform for people interested in sexual fetishes and matched her with Ryan. His findings diverged from a theory held by other officials in the department that the messages Ryan had been receiving were actually from Brendan Banfield posing as his wife. Deputy Chief Patrick Brusch, who oversaw the department's major crimes bureau at the time, confirmed in testimony earlier this month that he said Miller would 'never be doing another digital forensics case in your major crimes bureau' after he analyzed the evidence. Carroll, Banfield's attorney, argued in court that officials were not adhering to proper investigative guidelines when building their case and backing Brusch's catfishing theory without the supporting facts. In a court filing, Carroll wrote that Brusch resigned from the department after the hearing in which he had testified. He wrote in another motion that 'there is a willfulness in the lack of recognition of the science,' adding: 'The digital forensics are facts, and the Commonwealth chooses to ignore and disregard those facts.' Olivia Diaz, The Associated Press
The Independent
5 days ago
- The Independent
Child's interview can't be used in her father's trial in killings of wife and other man, judge rules
A northern Virginia circuit judge ruled on Friday that prosecutors' case against an IRS agent charged with killing his wife and another man cannot include a recorded interview from the defendant's young daughter. Fairfax Circuit Court Chief Judge Penney Azcarate on Friday denied prosecutors' motion on the admissibility of the young child's conversation with a forensic interviewer about what she believed was happening the morning her mother was killed at her home. That child's father, Brendan Banfield, was later charged with aggravated murder in the February 2023 deaths of his wife, Christine Banfield, and Joe Ryan, a man who was invited to the house that day. Deputy Commonwealth's Attorney Eric Clingan argued that the child's interview should be admissible evidence at trial because she is a victim of her father's alleged killing. The killings occurred while the child was in the Banfields' basement, authorities have said. In December, Banfield was indicted with child abuse and felony child cruelty in connection with the case. 'It's an act of abuse against her by virtue of what her father did that morning,' Clingan said in court. Meanwhile, John F. Carroll, who represents the father, argued in court that Banfield did not consent for his child to be interviewed by authorities at the police's headquarters. Azcarate sided with the defense, citing a statute that a child's interview would be admissible only if the child was being directly victimized by the parent. She acknowledged authorities later pressed child abuse-related charges, but she said those indictments were not the basis for officials' interview of Banfield's daughter that day. 'The interview doesn't fall within the statute,' Azcarate said. Complex investigation and prosecution The evidentiary hearing is one of a series of developments in the officials' multifaceted investigation and prosecution of Christine Banfield and Ryan's killings. Carroll also moved on Friday for the court to rescind Banfield's indictment and remove Clingan, the lead prosecutor, from the case. In his arguments, Carroll argued that Clingan guided Banfield's co-defendant in an interview, though Azcarate denied both motions. That co-defendant, Juliana Peres Magalhães, was originally arrested and charged with second-degree murder in the case. At the time of the killings, Magalhães and Banfield informed authorities that they walked in on Ryan attacking Christine Banfield and both shot him with different weapons, attorneys have said in court. But last year, Magalhães pleaded guilty to manslaughter in what prosecutors have long described as a scheme led by Banfield and the au pair to frame Ryan in the stabbing of Christine Banfield. Ahead of her plea, Magalhães provided a proffer to officials and was interviewed by Clingan, attorneys have stated in court. Her proffer corroborated a catfishing theory that Ryan was lured to the home on a social networking platform for people interested in sexual fetishes. She also corroborated the theory that Magalhães, who began working for the family in 2021, and Brendan Banfield had a romantic relationship that began before the killings, and that she helped the husband in his conspiracy to kill his wife. 'I'm just so upset and heartbroken for doing this to Brendan,' the au pair wrote to her mother from the Fairfax County jail last October in a message, which has since been entered into court evidence. 'I love him and he loves me too, I have no doubts. But it's the right thing to do. For you. I want to be with you again.' Dispute arises over catfishing theory Despite her proffer, a divide appears evident among officials over the catfishing theory. Brendan Miller, a digital forensic examiner with the police department, testified earlier this month that his analysis of forensic evidence also suggested Christine Banfield was seeking to have an affair with Ryan. Miller testified that his analysis was based on multiple devices, and he concluded that Christine Banfield had connected with Ryan through a social networking platform for people interested in sexual fetishes and matched her with Ryan. His findings diverged from a theory held by other officials in the department that the messages Ryan had been receiving were actually from Brendan Banfield posing as his wife. Deputy Chief Patrick Brusch, who oversaw the department's major crimes bureau at the time, confirmed in testimony earlier this month that he said Miller would 'never be doing another digital forensics case in your major crimes bureau' after he analyzed the evidence. Carroll, Banfield's attorney, argued in court that officials were not adhering to proper investigative guidelines when building their case and backing Brusch's catfishing theory without the supporting facts. In a court filing, Carroll wrote that Brusch resigned from the department after the hearing in which he had testified. He wrote in another motion that 'there is a willfulness in the lack of recognition of the science,' adding: 'The digital forensics are facts, and the Commonwealth chooses to ignore and disregard those facts.' ___
Associated Press
5 days ago
- Associated Press
Child's interview can't be used in her father's trial in killings of wife and other man, judge rules
FAIRFAX, Va. (AP) — A northern Virginia circuit judge ruled on Friday that prosecutors' case against an IRS agent charged with killing his wife and another man cannot include a recorded interview from the defendant's young daughter. Fairfax Circuit Court Chief Judge Penney Azcarate on Friday denied prosecutors' motion on the admissibility of the young child's conversation with a forensic interviewer about what she believed was happening the morning her mother was killed at her home. That child's father, Brendan Banfield, was later charged with aggravated murder in the February 2023 deaths of his wife, Christine Banfield, and Joe Ryan, a man who was invited to the house that day. Deputy Commonwealth's Attorney Eric Clingan argued that the child's interview should be admissible evidence at trial because she is a victim of her father's alleged killing. The killings occurred while the child was in the Banfields' basement, authorities have said. In December, Banfield was indicted with child abuse and felony child cruelty in connection with the case. 'It's an act of abuse against her by virtue of what her father did that morning,' Clingan said in court. Meanwhile, John F. Carroll, who represents the father, argued in court that Banfield did not consent for his child to be interviewed by authorities at the police's headquarters. Azcarate sided with the defense, citing a statute that a child's interview would be admissible only if the child was being directly victimized by the parent. She acknowledged authorities later pressed child abuse-related charges, but she said those indictments were not the basis for officials' interview of Banfield's daughter that day. 'The interview doesn't fall within the statute,' Azcarate said. Complex investigation and prosecution The evidentiary hearing is one of a series of developments in the officials' multifaceted investigation and prosecution of Christine Banfield and Ryan's killings. Carroll also moved on Friday for the court to rescind Banfield's indictment and remove Clingan, the lead prosecutor, from the case. In his arguments, Carroll argued that Clingan guided Banfield's co-defendant in an interview, though Azcarate denied both motions. That co-defendant, Juliana Peres Magalhães, was originally arrested and charged with second-degree murder in the case. At the time of the killings, Magalhães and Banfield informed authorities that they walked in on Ryan attacking Christine Banfield and both shot him with different weapons, attorneys have said in court. But last year, Magalhães pleaded guilty to manslaughter in what prosecutors have long described as a scheme led by Banfield and the au pair to frame Ryan in the stabbing of Christine Banfield. Ahead of her plea, Magalhães provided a proffer to officials and was interviewed by Clingan, attorneys have stated in court. Her proffer corroborated a catfishing theory that Ryan was lured to the home on a social networking platform for people interested in sexual fetishes. She also corroborated the theory that Magalhães, who began working for the family in 2021, and Brendan Banfield had a romantic relationship that began before the killings, and that she helped the husband in his conspiracy to kill his wife. 'I'm just so upset and heartbroken for doing this to Brendan,' the au pair wrote to her mother from the Fairfax County jail last October in a message, which has since been entered into court evidence. 'I love him and he loves me too, I have no doubts. But it's the right thing to do. For you. I want to be with you again.' Dispute arises over catfishing theory Despite her proffer, a divide appears evident among officials over the catfishing theory. Brendan Miller, a digital forensic examiner with the police department, testified earlier this month that his analysis of forensic evidence also suggested Christine Banfield was seeking to have an affair with Ryan. Miller testified that his analysis was based on multiple devices, and he concluded that Christine Banfield had connected with Ryan through a social networking platform for people interested in sexual fetishes and matched her with Ryan. His findings diverged from a theory held by other officials in the department that the messages Ryan had been receiving were actually from Brendan Banfield posing as his wife. Deputy Chief Patrick Brusch, who oversaw the department's major crimes bureau at the time, confirmed in testimony earlier this month that he said Miller would 'never be doing another digital forensics case in your major crimes bureau' after he analyzed the evidence. Carroll, Banfield's attorney, argued in court that officials were not adhering to proper investigative guidelines when building their case and backing Brusch's catfishing theory without the supporting facts. In a court filing, Carroll wrote that Brusch resigned from the department after the hearing in which he had testified. He wrote in another motion that 'there is a willfulness in the lack of recognition of the science,' adding: 'The digital forensics are facts, and the Commonwealth chooses to ignore and disregard those facts.' ___ Olivia Diaz is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
The Independent
11-07-2025
- The Independent
Police reassignment at issue in case against Virginia man charged in double-killing
A Virginia judge has ordered prosecutors to give the defense documentation about the reassignment of a digital forensic examiner who had been working on the case in which a man is accused of plotting with an au pair to kill his wife and another man. Fairfax Circuit Court Chief Judge Penney Azcarate on Thursday ordered Deputy Commonwealth's Attorney Eric Clingan to collect and distribute any documentation of the assignment change to the defense for Brendan Banfield. Banfield is charged with aggravated murder in the February 2023 deaths of his wife, Christine Banfield, and Joe Ryan. The defense had also sought information on the transfer of the lead detective on the case. But the judge declined. An attorney for Brendan Banfield alleged in court this week that Fairfax County police commanders had reassigned the two employees who disagreed with the top brass' analysis of the evidence, particularly a premise that the case involved the husband catfishing one of the victims. 'It is a theory in search of facts rather than a series of facts supporting a theory,' John Carroll, Banfield's attorney, said in court Thursday. In court, prosecutors argued officials had given over all the documentation they had in the case to the defense, objecting to notions that personnel transfers were part of criminal case evidence. Brendan Miller, a digital forensic examiner with the Fairfax County Police Department, testified Thursday that he analyzed dozens of devices and concluded Christine Banfield had connected with Ryan through a social networking platform for people interested in sexual fetishes. Miller's analysis found that the two also chatted through Telegram, an encrypted messaging app. Ryan agreed to come to the house for what appeared to be a consensual sexual encounter. But Miller's findings diverged from a theory held by other officials in the department that the messages Ryan was receiving were actually from Brendan Banfield posing as his wife in a ruse to lure Ryan to the Banfields' home as a scapegoat in a double-killing scheme. Deputy Chief Patrick Brusch, who oversaw the department's major crimes bureau at the time, confirmed in testimony that he said Miller would 'never be doing another digital forensics case in your major crimes bureau' after he analyzed the evidence. Miller was transferred out of the department's digital forensics unit in late 2024, though Brusch testified the reassignment was not punitive or disciplinary. The University of Alabama's police department peer reviewed and affirmed Miller's digital forensic findings, according to evidence submitted to the court by Carroll. In October 2023, the family's au pair, Juliana Peres Magalhães, was arrested and charged with second-degree murder. She later pleaded guilty to manslaughter in what prosecutors described as a scheme to frame Ryan, a Fairfax County native, in the stabbing of Christine Banfield, a pediatric intensive care nurse. The au pair, who authorities said had a romantic affair with Brendan Banfield, agreed to cooperate with officials in their case against him. Brendan Banfield was arrested nearly a year after Magalhães. In a proffer, the au pair backed officials' belief that the husband was behind the online account in a plot to kill his wife and stage it to look like he and the au pair shot a predator in defense. On Thursday, Clingan acknowledged there were multiple case theories among officials, but Magalhães' account narrowed them down to one. 'With 12 different homicide detectives, there were 24 different theories,' Clingan said. 'Now, one theory.' Kyle Bryant, who was the lead detective on the case and was moved off the homicide team earlier this year, testified he faced mounting pressure from higher-ups at the department to support the catfish theory. Bryant testified he followed what he believed the evidence showed. 'Were you ever confronted by command staff about the theory of the case that you disagreed with?' Carroll asked Bryant. 'Yes,' he testified. Though Judge Azcarate did not find that prosecutors intentionally withheld information about Miller's transfer, she ordered Clingan to collect and distribute any documentation of the assignment change to the defense. She did not tell prosecutors to hand over documents on Bryant's transfer. 'The transfer that gives the court pause is Miller's because it relates to the theory of this case,' the judge said. Brendan Banfield's trial is set for October.
Washington Post
10-07-2025
- Washington Post
Lawyer: Fairfax commanders silenced detectives in au pair murder case
The double-murder case against Brendan Banfield involves a theory that he posed as his wife to lure a man to visit her before killing them both with the help of the family's au pair. Banfield's defense attorneys took aim at the impersonation theory in court Thursday, arguing Fairfax police commanders reassigned two detectives who thought some evidence suggested Banfield's wife was the one sending messages to the man who died alongside her. Prosecutors have said that Brendan Banfield, 40, was pretending to be his wife, Christine, in an online account on a fetish-related website when he invited Joseph Ryan to their Herndon-area house for a mock home invasion and rape fantasy so Banfield could kill them both and claim he was interrupting an intruder attack. But a summary of the case written by Detective Brendan Miller last year repeatedly describes the online conversations as between Ryan and Christine Banfield, and states that 'There is no indication that Christine lost control of her devices' during the six weeks before the slayings. The records show that Christine Banfield's laptop and phone were used to contact Ryan and that one of Brendan Banfield's phones had no such contact, though his second phone for work could not be opened. The detectives, who testified Thursday they felt pressured by commanders during the investigation, are still involved in preparing the case for trial this fall, and prosecutors said they were transferred for 'performance management' reasons. But one Fairfax deputy chief acknowledged he had said Miller 'will never work a case in major crimes again' before his transfer and that he disagreed with the detective's conclusions after Miller examined the computers and phones of Brendan Banfield; Christine Banfield, 37; and Ryan, 39. The prosecution argues that Brendan Banfield, an IRS criminal investigator, left his home's front door unlocked that morning, parked a short distance away, and then waited for an alert from his au pair and lover, Juliana Peres Magalhães, to let him know when Ryan arrived. After Ryan went into the house, Peres Magalhães has told police that she called Banfield, who went into the basement with their 4-year-old daughter, then went upstairs and shot Ryan and fatally stabbed his wife. Banfield has also been charged with child abuse for allegedly bringing the young girl to the scene. Peres Magalhães pleaded guilty in October after providing a detailed statement to investigators, saying that she had helped the scheme by posing as Christine Banfield in some phone calls to Ryan. She also said she retrieved a gun and fatally shot Ryan after he survived the first shot, prosecutors said. She agreed to a plea deal in which she would be convicted of involuntary manslaughter and be deported to her native Brazil after Brendan Banfield's trial, now set for Oct. 20. Thursday's hearing before Chief Fairfax Circuit Judge Penney S. Azcarate was ostensibly about the claims by defense attorney John F. Carroll that prosecutors weren't turning over all the evidence in the case. And Carroll argued this included the personnel records of lead homicide detective Kyle Bryant and forensics detective Miller, whom he suspected were forced out of their units because they disagreed with the command staff's view of the case, though the detectives didn't provide specifics of the disagreement. 'This investigation is a theory in search of facts,' Carroll said, a theory 'concocted by non-investigative personnel.' Carroll pointed to an internal affairs complaint filed in January by nine homicide detectives, including Bryant, alleging a hostile work environment caused by conduct from commanders 'that was unwelcome, pervasive and offensive over an extended amount of time.' The Southern States Police Benevolent Association, a police union, has asked the Fairfax County Office of Human Rights and Equity Programs to launch its own investigation, a letter to the agency shows. 'I believe there's a conflict between command staff and the rank and file,' Carroll said. 'A hostile work environment can show that.' Azcarate instructed prosecutors to look for relevant evidence of a conflict in Miller's case. Fairfax County Commonwealth's Attorney Steve Descano, who watched the hearing, said in a statement afterward that the judge's order required 'prosecutors to access information that is typically not at issue in a criminal matter. We look forward to presenting this case to a jury of community members.' Carroll asked Miller on the stand, 'So the debate is whether there is catfishing or not catfishing?' Catfishing is when a person poses as another person online to deceptively form a relationship, as was allegedly the case with Brendan Banfield. 'Yes,' Miller replied. 'Your findings don't support the theory of catfishing?' Carroll asked. 'I would say that's a matter of perception,' Miller said. An executive summary of Miller's digital forensics analysis outlines how Christine Banfield's phone was used to create a new Gmail account in early January 2023 and that a new photo of her was used when creating a profile on FetLife, a website for those interested in sexual fetishes. Christine Banfield had also messaged the photo to her husband, Miller found. Miller's report repeatedly attributes all actions on Christine Banfield's phone and computer to her, saying that 'approximately 114 messages were exchanged between Christine and Joe' between late January and mid-February 2023 on the FetLife site. 'Christine initiated the transition to Telegram for communication with Joe on 2/19/2023,' Miller wrote. The devices in the case and Miller's report were then sent to an evidence analysis team at the University of Alabama for peer review. The team issued its own report that confirmed Miller's findings on the uses of the devices. Deputy Chief Patrick Brusch was in charge of the Fairfax major crimes bureau in 2024. He said that he had a master's degree in computer forensics, though he never served as a detective, and that he reviewed Miller's findings and concluded 'the data was being incorrectly analyzed. … I would say it was incomplete in the deduction.' Brusch said he expressed concerns to Miller's supervisor 'regarding his abilities as a forensic examiner. It was specific to this case.' He acknowledged telling the supervisor, 'This guy's never gonna work another case in major crimes while I'm the deputy chief,' and soon Miller was moved to the child-abuse unit. Bryant said he joined the homicide unit from the child-abuse unit in 2021, and Banfield was his third case as lead detective. He said he didn't ask to be transferred out of the homicide unit. Bryant said he received guidance, as well as pressure, from the command staff. In addition to meeting with captains and deputy chiefs, he said, he met twice with Police Chief Kevin Davis. He did not say what Davis told him. 'Were you ever asked to adopt a theory that you didn't agree was supported by the investigation?' Carroll asked. 'Yes,' Bryant said, though he said he was never told to testify falsely. He said there were further disagreements after Brendan Banfield was arrested in September 2024. He was moved to the sex crimes unit and then to the digital forensics section in January of this year. Deputy Commonwealth's Attorney Eric Clingan asked Bryant if all 12 Fairfax homicide detectives had different theories about the case, in which no one was charged for more than seven months and Brendan Banfield wasn't charged until more than 18 months after the slayings. Bryant said yes. But after Peres Magalhães cooperated and laid out a string of events, Bryant said there was only one theory. Azcarate did not order prosecutors to turn over any documents on Bryant's transfer out of homicide. Carroll said afterward: 'I believe the digital forensics takes the catfishing thing out. And if it comes out, I think it's devastating to their case.' He said Miller's report shows 'there are certain moments where it's clear, it had to be Christine Banfield' who was conversing with Ryan. He said Peres Magalhães told a false story because she was offered a lenient plea deal.
