WSIL
August 14 2010
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UNION COUNTY-- Former Friends of the Cross President and pastor Bill Vandergraph, was charged last month with criminal sexual assault against a four year old. Now he faces two more counts in that case.
The Union County State's Attorney's office has added two new charges of criminal sexual abuse against Vandergraph. Those charges involve the same victim. One is on the same date as the original charge, and the other count is a separate incident.
Aside from those charges, there was a motion by the defense that could put the trial on hold for awhile. And that all depends on Bill Vandergraph's mental and physical state going forward.
It's now been nearly a month since Vandergraph was accused of having sexual contact with a four year old girl. Vandergraph's lawyer Allen James says in that four week span, the allegations have changed his client.
"He is not the same person that I first spoke with in July, today," said James.
On Friday, James filed a motion for a fitness test on Vandergraph, saying the 72 year old may not be fit for trial.James stated that Vandergraph has barely spoken, or been able to apprehend what's happening in the case.
"I couldn't tell you what our defense is, because I've been unable to review the evidence with my client, he's not been able to assist, that's sincere," James said.
After the judge granted the motion for the fitness test, James also requested that Vandergraph's other two adopted children be allowed to move back in with their father. The judge granted the request as long as there is another person present while the kids are home. Saying he did so, in hopes the 13 and 14 year olds can return to a life of normalcy.
"Given the publicity, they're apprehensive about returning to school, but still that's the school they know, and the people they know," James said.
Given the severity of the charges, Union County State's Attorney Tyler Edmonds was admittedly against the move.
"I just hope the children will be safe, and I'm confident that DCFS will put a plan in place to keep them safe."
James says the department of child and family services have interviewed the two children that will be moving back in with Vandergraph, and found no problems.
Vandergraph will now be tested mentally and physically by doctors. A hearing discussing the results of those tests will be held on August 31st.
If he's deemed unfit, then it could become a lengthy process. Edmonds says they could wait for awhile until he is fit, but when it gets to a certain point and he's still not ready, then they will have a hearing with a judge about what to do next.
By: Andy Waterman awaterman@wsiltv.com
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