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Child’s Interview Can’t Be Used in Her Father’s Trial in Killings of Wife and Other Man, Judge Rules

NORTHERN VIRGINIA, JUL 25 – Judge ruled the daughter's interview inadmissible since the child was not directly victimized, affecting evidence in the aggravated murder trial of Brendan Banfield.

  • On Friday, Chief Judge Penney Azcarate ruled that the recorded interview with Brendan Banfield’s young daughter cannot be used as evidence, citing statutory restrictions.
  • Citing state law, Chief Judge Penney Azcarate ruled that the child's interview is inadmissible, while the statute limits such testimony to cases of direct victimization by the parent.
  • During the February 2023 incident, Brendan Banfield was charged with aggravated murder, with authorities stating the killings occurred inside his home while his daughter was in the basement.
  • During Friday’s hearing, John F. Carroll moved to rescind Banfield’s indictment and remove Eric Clingan from the case, while Azcarate denied both motions.
  • Last Friday, Judge Azcarate ruled that the child's interview cannot be used in Brendan Banfield's October trial, citing legal statute restrictions.
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Child's interview can't be used in her father's trial in killings of wife and other man, judge rules

A Virginia judge has denied prosecutors’ motion to have an interview of a man's child be used as evidence in his trial in a double-killing case.

·United States
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U.S. News broke the news in New York, United States on Friday, July 25, 2025.
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