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	Appeal Court Reverses Call on Abuse Case By Debra Lemoine The Advocate November 22, 2007 http://www.2theadvocate.com/news/11731856.html HAMMOND — A 7-year-old girl listed as a victim in the Hosanna Church sex abuse case cannot be ruled incompetent unless the court first reviews evidence about her mental capacity, the 1st Circuit Court of Appeal in Baton Rouge ruled Wednesday. This decision reversed a ruling state District Judge Doug Hughes made on Monday declaring the child incompetent to testify based on her age at the time of the alleged abuse. The appellate court also upheld a ruling Hughes made on Oct. 9 that two other listed victims — boys ages 16 and 12 at the time of the alleged abuse — can testify during the Hosanna trial. The two rulings are part of the state's case against Austin "Trey" Bernard III, 39, of Hammond, whose trial on charges of aggravated rape of the 7-year-old girl is scheduled to begin next week in the 21st Judicial District Court in Amite. Bernard is the first of the seven members of the now-defunct Hosanna Church in Ponchatoula indicted in 2005 on charges of sexually abusing children. It was not known immediately whether Bernard's attorney, Al Bensabat, would ask the Louisiana Supreme Court to review the 1st Circuit Court's actions. Bensabat could not be reached for comment Wednesday. He did not return a message left on his cellular phone. The voicemail at his Hammond office did not record a message Wednesday afternoon. A home telephone listing for Bensabat also could not be found. District Attorney Scott Perrilloux, whose 21st Judicial District has jurisdiction in Tangipahoa, St. Helena and Livingston parishes, said he did not know if Bensabat intends to appeal to the higher court. Perrilloux said he agreed with the appellate court's decisions, which upheld the positions the prosecution has taken on the two issues. The 1st Circuit's decision on the girl's ability to testify did not necessarily rule her competent to take the stand. It says the lower court must first review her demeanor and hear from witnesses about her abilities before making the decision, Perrilloux said. Hughes' written ruling seemed to indicate that her age at the time of the abuse — 2 years and younger — and her age now — 7 years — made her testimony inadmissible at trial. Hughes wrote that the girl was unable to distinguish fact from fantasy and did not understand the gravity of a criminal trial. In the decision regarding the testimony from two men also listed as victims, defense attorneys had asked that their testimony be ruled inadmissible because the men are expected to say they were not abused as juveniles, Bensabat has said in court. Such testimony would contradict statements the alleged male victims made to authorities two years ago. Perrilloux said he anticipates these matters would be brought up again in District Court on Monday, when Hughes is scheduled to entertain final motions before the trial. Jury selection is scheduled to begin on Tuesday.
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