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	Decision on Dismissal of Former Kingsport Priest's Sex Abuse Charges Delayed By Kacie Breeding Kingsport Time-News March 14, 2011 http://www.timesnews.net/article.php?id=9030515 A former Kingsport priest and the man he allegedly sexually abused as a child 30 years ago will have to wait a while longer to hear whether a Blountville judge will dismiss pending rape and sexual misconduct charges. William “Bill” Casey, 76, 740 Shakerag Road, Greeneville, is charged with first-degree sexual misconduct 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. A hearing on a motion defense attorney Rick Spivey filed seeking dismissal of Casey's charges began Feb. 25, and was scheduled to resume Monday morning. However, Spivey had to be in U.S. District Court in Greeneville Monday morning, and federal court takes precedence over lesser courts. Spivey had expected to be back in Montgomery's court by around 10 a.m., but the hearing in Greenville kept him away until just before noon. That's when the judge opted to reset the case for a week, citing the need to allow plenty of time for both sides to present their respective positions. Before dismissing for lunch, Montgomery reiterated the purpose of the hearing, and highlighted some of the factors that will weigh into his decision. Montgomery said the purpose of the hearing will be to decide whether a preaccusatorial delay has violated Casey's constitutional rights to due process. In making his decision, Montgomery said he would look at the length of and reason for the delay, and the degree of prejudice the delay has caused to Casey. The alleged victim, Warren Tucker, now 44, wrote in a statement included in Casey's court file that he is "angry" with himself because he did not come forward earlier. He describes resorting to drugs and alcohol as he fought a losing battle to keep the pain and memories to himself, for fear that he would not be believed. Meanwhile, there is a new face at the defense table. Prior to Monday's postponement, Spivey gained the court's permission for his son, Matthew Spivey, an attorney licensed in Georgia, to assist him with the case. Rick Spivey said he chose to temporarily employ his son's services on the Casey case because he excels at legal research. He pointed out that Matthew Spivey has filed all the legal briefs - examples of prior court decisions cited in favor of their argument for dismissal - in the case. 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. Casey has already pleaded guilty to similar offenses committed against Tucker in McDowell County, N.C., and he has additional charges pending in Scott County, Va.
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