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  Judge Denies Motion to Dismiss Charges against Casey

Greeneville Sun
March 25, 2011

http://greenevillesun.com/story/313949

Sullivan County Criminal Court Judge Robert Montgomery today denied a motion by former Catholic priest William “Bill” Casey, 76, to dismiss sexual molestation-related charges against him.

With the denial of the dismissal motion, it appears that Casey’s Criminal Court trial here on the charges will proceed as scheduled on Monday, April 11.

The charges of first-degree criminal sexual conduct and aggravated rape are based on alleged actions by Casey some 30 years ago when he was pastor of St. Dominick’s Roman Catholic Church in Kingsport.

Warren Tucker, 45, now an Indiana resident, has alleged that Casey molested him repeatedly during a period of about five years in the late 1970s and early 1980s when he was between 10 and 15 years old and a child in St. Dominick’s parish.

Tucker made his charges public in April 2010.

Casey, a resident of Greene County’s Camp Creek community and a onetime pastor of Notre Dame Catholic Church in Greeneville, was indicted by a Sullivan County grand jury in September. He has pleaded not guilty.

Earlier this year defense attorney Rick Spivey filed the motion to dismiss the charges on the grounds that they violated Casey’s rights to due process of law under the state and federal constitutions.

An all-day hearing before Judge Montgomery on Monday focused on whether a “pre-accusatorial” delay in bringing the charges against Casey had violated his constitutional rights.

Judge Montgomery announced at a hearing in his court this morning that he was denying the defense motion.

A follow-up motion by defense attorney Spivey to appeal the judge’s decision to the state Court of Criminal Appeals was also denied.

A detailed story on the judge’s ruling will be published in Saturday’s issue of The Greeneville Sun.

 
 

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