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  Testimony Set to Begin in Hosanna Church Case

By Debra Lemoine
The Advocate
November 28, 2007

http://www.2theadvocate.com/news/11879446.html

AMITE — Competing versions of what really happened at the Hosanna Church in Ponchatoula are expected to start unfolding before a jury today.

Opening statements by the prosecution and defense are scheduled in the state's first trial growing out of ritual child abuse allegations involving church members.

Austin "Trey" Bernard III, 39, Hammond, is the first of the seven members of the now-defunct church to go to trial on charges of the aggravated rapes of a 2-year-old girl and a 12-year-old boy in 2001 and 2002.

The incendiary Hosanna case erupted in April 2005 when the former pastor of the church allegedly confessed to abusing many children as part of occult rituals, such as drinking cat's blood. Arrests of other church members quickly followed.

Now, attorneys told potential jurors in the 21st Judicial District Court at Amite on Tuesday, the more sensational aspects of the case as recounted at the time in the news media won't be heard in the four to five days of testimony expected in the courtroom this week.

Worshipping Satan is not illegal, but raping children is, Assistant District Attorney Don Wall told one panel of jurors.

"Some of the news people may be disappointed that the case focuses on what the case focuses on," Wall said.

The case instead centers on whether Bernard raped a 2-year girl and a 12-year-old boy, Wall said. A third man, who was 16 in 2002, is expected to be called by the state to testify as a witness to the alleged abuse.

So far, the defense has been unsuccessful in preventing all three of these listed victims from testifying at the trial. The final attempt to prevent the two men, now ages 21 and 17, from testifying was denied Tuesday by the Louisiana Supreme Court, Wall said.

Those men are expected to testify that they were never abused, which contradicts previous statement they gave to investigators, defense and prosecuting attorneys have said in court.

Allowing the testimony of the pair also means the state can question them about those past contradictory statements, which Bernard's attorney has said could prejudice the jury against his client.

On Tuesday, potential jurors were questioned about the publicity surrounding the investigation that led to this trial.

One woman said she didn't think she could judge Bernard fairly based on what she had heard about the case. She was later excused.

Two other panelists brought up past ritual child abuse trials, one mentioning a day-care abuse trial in California and the later exoneration of those convicted. He did not say to which of the 1980s California day-care abuse cases he was referring.

"There have been cases where people have been falsely accused and that bothers me," one potential juror said.

Both men who mentioned past ritual abuse trials were seated on the jury.

"These are all points we intend to bring up at trial," said Assistant Public Defender Al Bensabat when asked about these two jurors.

Hughes said he planned to entertain final pre-trial motions at 8:30 a.m. today. Opening statements are expected to begin at 9 a.m.

Contact: dlemoine@theadvocate.com

 
 

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