Vandergraph Gets New Fitness Hearing

By Brent Stewart
The Southern
July 12, 2012

http://thesouthern.com/news/local/vandergraph-gets-new-fitness-hearing/article_4afe9992-cbd6-11e1-aa5b-001a4bcf887a.html

Judge Mark Boie has ordered another fitness hearing for Bill Vandergraph, a former Alto Pass pastor accused of sexually abusing a minor.

In his order, issued Tuesday, Boie said, “Based on the history of this matter… the Court’s opinion is that it must fully determine whether the Defendant is unwilling or unable to cooperate with his counsel.”

Concerns about Vandergraph’s mental fitness, possibly including depression and signs of dementia, have been an issue in the proceedings. Psychiatrist Naeem A. Qureshi, MD, testified Vandergraph was fit to stand trial in a fitness hearing in April 2011.

As recently as March, Qureshi issued a supplemental report that deemed Vandergraph fit for trial.

At a hearing March 26, Vandergraph’s attorney, Allen James, argued a motion for a new fitness hearing, reiterating claims that his client is unable to assist in his own defense.

Union County State’s Attorney Tyler Edmonds said at that time, the issue at hand was not whether Vandergraph has dementia or physical issues, but whether he is fit for trial.

Edmonds said Vandergraph could articulate the charges against him, said he wished he hadn’t said things he did to investigators and also said he wished he had a lawyer present at the time.

Boie said at that hearing, the reports from Qureshi were strong and said the burden was on the defense to show there was an issue to trigger another fitness hearing.

“I honestly think I need a little more from the defense to determine if there is a bona fide doubt,” Boie said.

In his order, Boie said correspondence from Dr. David Lee established that bona fide doubt. The judge ordered an independent evaluation and written report to be completed within 30 days, and a fitness hearing would then be scheduled within time prescribed by statute.

Vandergraph, the 72-year-old former pastor of Full Gospel Pentecostal Church in Alto Pass and former Union County school bus driver, was arrested in July 2010. He is alleged to have engaged in sexual misconduct with a 4-year-old child between January and April of 2010.

Vandergraph faces charges of predatory criminal sexual assault — a Class X felony, carrying a potential sentence of six to 60 years in prison — and two counts of aggravated criminal sexual abuse, a Class 2 felony, each carrying potential sentences of 14 years. His trial is still set for mid-May.

Contact: brent.stewart@thesouthern.com