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	Former Kingsport Priest Seeks Dismissal of Sex Abuse Charges By Kacie Breeding The Times-News February 25, 2011 http://www.timesnews.net/article.php?id=9030137 A former Kingsport priest accused of sexually abusing a boy more than 30 years ago is seeking to have his charges dismissed. William "Bill" Casey, 76, 740 Shakerag Road, Greeneville, is charged with first-degree sexual conduct and two counts of aggravated rape. The charges stem from allegations that he sexually abused a boy shortly after becoming priest of St. Dominic's Catholic Church in Kingsport in the 1970s. Earlier this month, defense attorney Rick Spivey filed a motion asking the judge to dismiss the charges. In the motion, Spivey cites several reasons why he believes continued prosecution would violate Casey's constitutional rights, as guaranteed by state and federal law. Sullivan County Criminal Court Judge Robert Montgomery held a hearing on Spivey's motion Friday afternoon. However, the question of whether Casey's charges will be dismissed remains to be seen because Montgomery opted to continue the hearing at a later date. According to court records and argument Spivey voiced in court, his reasons for seeking the dismissal center on the passage of time between the occurrence and reporting of the alleged offenses, and an inability to pin down the date, time, location and nature of the alleged offenses. Spivey argued that the passage of about three decades before the alleged victim came forward constituted a "pre-accusatorial" delay. Citing some changes to the law around the time of the alleged offenses, he also contended that the statute of limitations has expired on the offenses. On behalf of the state, Sullivan County Assistant District Attorney Julie Canter acknowledged that there were changes to the statute of limitations on certain sex crimes. But she argued that the changes did not occur during the time span of the offenses listed in the three-count indictment. The indictments allege the first offense occurred between May 22, 1978 and May 20, 1979. The second and third offenses are alleged to have happened at different times in different locations between March 1 and April 15, 1980. Montgomery asked if he was "aware" that the statutes changed during the period of time the state alleges the offenses occurred. Spivey responded, "I don't know." Canter summed up the state's position by saying that the changes occurred after the times specified in the indictments. At another point, Canter voiced the state's opinion that there was no statute of limitations on first-degree criminal sexual conduct or aggravated rape at the time of Casey's alleged offenses. Canter and Sullivan County Deputy District Attorney Barry Staubus spent much of Friday's hearing debating the merits of applicable case law with Spivey. At one point, Montgomery said he did not find that there was a statute of limitations in force when the offenses are alleged to have occurred. However, he later advised that he needed to research applicable case law with regard to Spivey's claim of a "pre-accusatorial" delay to determine if there has been a violation of Casey's right to due process. The hearing was continued to March 14. Montgomery advised he would allow both sides to present evidence in support of their respective positions at that time. Before leaving the courtroom, Spivey asked the judge to issue a gag order to prevent the alleged victim from speaking to the media. Montgomery declined. Warren Tucker, 44, who now resides in Jeffersonville, Ind., previously addressed the media after Casey's arraignment in October of 2010. He alleged that the abuse began when he was 10 and lasted until he was about 15 years of age. He said that when Casey was established as priest of St. Dominic's, he first "had to gain my mother's trust for a couple months." Casey has already pleaded guilty to similar charges in McDowell County, N.C., and he has additional charges pending in Scott County, Va. Tucker’s allegations were made public in April 2010. By that time Casey had retired from the Notre Dame Parish in Greeneville. He was subsequently suspended from the Catholic ministry pending completion of the laicization process. After Friday's hearing, friends of Tucker and a few representatives of the Survivors Network of those Abused by Priests held a brief demonstration outside the courthouse.
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