Au pair double murder: Judge denies daughter interview in trial of Brendan Banfield
HERNDON, Va. - A Fairfax County judge has denied a critical request by prosecutors in the double murder case against Brendan Banfield — rejecting their attempt to introduce a recorded interview with Banfield’s young daughter as evidence in his upcoming trial.
What we know:
Banfield is charged with the aggravated murder of his wife, Christine Banfield, and another man, Joe Ryan, in a case that has gripped the Fairfax County community. The case has drawn intense attention, with prosecutors alleging a twisted murder plot stemming from an alleged love affair between Banfield and the family’s au pair.
The prosecution had hoped to use a forensic interview conducted with Banfield’s daughter as part of its evidence. The child reportedly spoke about what she believed happened the morning her mother was killed. However, the judge ruled the interview inadmissible, determining that because the child was not directly victimized by her father, her statements could not be used at trial.
Dig deeper:
Legal analyst Eric Faddis with Varner Faddis Elite Legal called the ruling a significant blow to the prosecution’s case.
"I was somewhat surprised by the judge's ruling. It appears that this child was interviewed by a forensic child interviewer. Those folks are trained to not inject any bias or try to sway the child in one way or the other. But since this ruling, I think it's a significant setback to the prosecution," said Faddis.
Faddis also pointed out that the lack of parental consent for the child’s interview likely played a role in the judge’s decision.
The backstory:
Authorities allege that Brendan Banfield and the family’s au pair, Juliana Peres Magalhães, began a romantic relationship in August 2022. The prosecution believes the pair conspired together in the February 2023 deaths of Banfield’s wife and Joe Ryan.
Initially, Banfield told dispatchers that Joe Ryan had broken into the family’s home, stabbed his wife, and that he had shot Ryan in self-defense. But prosecutors say that was a cover-up for a calculated plan to eliminate both victims and allow Banfield and the au pair to be together.
Magalhães was originally charged with second-degree murder and use of a firearm in commission of a felony, but later pleaded guilty to manslaughter as part of a plea deal.
What's next:
Now, with the child’s testimony excluded, much of the prosecution’s case may hinge on the au pair’s cooperation.
"So that person—the au pair—is going to come in and likely testify against Brendan Banfield," said Faddis. "But that au pair has, according to the defense, an incentive to fabricate, and a reason to improve their legal position [by] saying what the prosecution wants them to say. And so I think the defense should consider challenging the credibility of the au pair during the trial, and the reasons for her testimony."
As the trial approaches, both sides are expected to lean heavily on witness testimony and circumstantial evidence. The next major development in this case is set for October, when the trial is scheduled to begin.