Opening Statements Made in Sexual Abuse Trial of Buena Vista Pastor

By Luanne Rife
Roanoke Times
October 7, 2014

http://www.roanoke.com/news/crime/opening-statements-made-in-sexual-abuse-trial-of-former-buena/article_859fa7ab-db79-5428-aba4-e20ed45a44b6.html

The first of three trials began Tuesday for a Buena Vista pastor accused of sexually molesting three boys who belonged to his Pentecostal churches, but not before the defense tried to have the prosecutors removed from the case.

Larry McKinley Clark’s attorney, Kelly Cutler, asked the judge to remove Commonwealth’s Attorney Bucky Joyce and his chief deputy, Christopher Billias, who is trying the case. She claimed they inappropriately ignored evidence and steered the story of the alleged teenage victim.

“She’s alleging unethical conduct, which I vehemently deny,” said Billias, who noted this was a last-minute motion by the defense, which had the recordings for months. Rockbridge County Circuit Judge Michael Irvine agreed.

Clark was indicted on numerous counts related to alleged sexual assault on three teenage victims. The judge earlier had separated the trials, one for each alleged victim. The first case initially involved 28 counts. Billias said he would prosecute only six counts so as not to confuse the jury. Instead, he is proceeding with one count of indecent assault and one count of corruption of a minor for each of three years, starting in 2011, that the teenager claims Clark assaulted him following Sunday services.

The teen, now a high school sophomore, testified he joined the Pentacostal Outreach Church when he was in seventh grade. He said that nearly every Sunday, Clark would drive him home from church but would first take him to a fast food restaurant in Rockbridge County. During the rides, Clark would fondle him, the teen claimed. When questioned by Billias, the teen also alleged that Clark took him to his house on several occasions and twice attempted to sodomize him and twice succeeded.

However under cross examination by defense attorney Scott Livengood, the teen had difficulty understanding and answering the questions, contradicted time elements and seemed to recant some of his testimony that was punctuated with long pauses and a visible reluctance to answer. Irvine had agreed to allow the teen to testify over closed circuit television in order to lessen some of the stress, but several times the judge had to prompt him to answer questions.

“I don’t want to talk about it anymore,” he said when Livengood began asking him about the alleged assault.

Meanwhile, Clark watched a monitor at his table, often shaking his head at something the teen said.

Billias called Dr. Michael Bell, director of youth services for Rockbridge Area Community Services Board, as an expert to testify about how difficult it is for adolescent victims of sexual assault, especially by clergy, to talk about the incidents. Bell said research on some of the Catholic Church victims found that, on average, most did not talk about it for 18 years.

“There is intense shame, particularly in the case of clergy — God’s representative and a powerful adult figure,” he said.

The teen’s mother testified that he has yet to talk with her and that she learned of the allegations from a detective.

The other witness testifying on Tuesday was one of Clark’s cellblock mates. Byron Mills, a thrice-convicted felon awaiting trial on an array of charges including perjury, said that he attended Clark’s Bible study classes in his cell and that since he and Clark were the “oldest two dudes on the block” they started talking about their cases.

After one Bible study lesson on right and wrong, Mills said he told Clark he thought homosexuality was natural and that one would not go to hell.

“He said he had homosexual feelings,” Mills said. “He got upset and said it went too far. He said that about four times. I was like ‘Larry, what did you do?’ … He said, ‘All I did was touch them a couple of times.’?”

Mills also began to testify about Clark talking about 30 charges with three boys but was cut short. The judge ordered the jury out and the defense called for a mistrial, claiming that Irvine had already ruled to sever the cases and that incidents involving the other alleged victims could not be heard.

Irvine said he would caution the jury that “claims to other crimes is not evidence in this case.”

When testimony resumes this morning, Billias is expected to call a string of witnesses to bolster his case. The defense plans to call members of Clark’s church to show the pastor, who once was bishop of six churches, was not alone with the teen. The trial is expected to go to the jury later in the day.

luanne.rife@roanoke.com 981-3209