The attorney for the former T.R. Miller band director charged with sex crimes against students is calling for his client’s release from jail.

His reason – the state failed to follow the law and provide a timely preliminary hearing.

Jeffrey L. Ganious, or “Mr. G.” as he was known to students, is accused of having sexting conversations with at least six victims, as well as well as tying up at least two teenage girls and gagging them using ropes and other bondage devices during sex. Incidents reportedly occurred inside the school band room and at Gainous’ former home in Brewton.
Gainous left TRM after six years to head the band program at Central High School in Thomas County, Ga., in June. He was terminated from the system upon his arrest.

He remains in the Escambia County Detention Center on a $750,000 bond following his August arrest on charges of sex abuse, having sex with a student, unlawful imprisonment and using his position for personal gain.

Gainous’ preliminary hearing was initially set for Sept. 11 and then for  Oct. 8. On Oct. 7, the state filed a motion to continue, citing a scheduling conflict by the district attorney and his staff. The motion granted by District Judge Jeffery White stated the hearing would be “reset at a later date” and that the case would be presented to the county’s grand jury.

Court records showed Gainous’ attorney, J. Clark Stankoski, asked the courts Monday to release Gainous because “the law states that a preliminary hearing will commence in district court within 21 days following demand.”

Stankoski said Gainous has gone approximately 48 days without a preliminary hearing and that his client never agreed to waive his right to a preliminary hearing.

Staknoski also said that the reasons the state gave for their postponement request were not adequate under the law.

“The Court did not detail the circumstances that exist to justify the delay with any specificity, and…these cases appear to be waived for the grand jury and a later date has never been given,” he wrote.

Court records show District Attorney Steve Billy’s Oct. 7 motion stated the case is not set on this month’s grand jury docket, but that Gainous will be “afforded his right to a preliminary hearing prior to the next grand jury date.”

Stankoski said that the delay of 48 days is a violation of the Alabama Rules of Criminal Procedure No. 5, and “as such, (Gainous) should be released from the custody of the state and await the actions and report of the grand jury at such time they are presented.”