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  Ex-Priest's Trial on Sex Charges to Start Nov. 17

Fox 11
August 22, 2008

http://www.fox11az.com/news/topstories/stories/kmsb20080822jc-ex-priests-trial-on-charges.1f8f13.html

MESA, Ariz. (AP) — The trial of a former Roman Catholic priest charged with seven misdemeanor sex-related crimes has been pushed back to November.

A three-week postponement was granted Thursday for the start of the trial for Monsignor Dale Fushek, former pastor of St. Timothy's Catholic Community in Mesa.

San Tan Justice of the Peace Samuel Goodman moved the jury trial from Oct. 27 to Nov. 17 because of court calendar conflict. The cases were filed almost three years ago.

Prosecutors and defense lawyers wrangled over a motion on whether Fushek would get a fair trial if all five counts of contributing to the delinquency of a minor, one count of assault and one of indecent exposure were heard at one trial.

The complaints were brought by five men who were minors in the 1980s and early 1990s. The incidents allegedly took place on St. Timothy's campus where the 56-year-old Fushek founded and led the Life Teen movement for Catholic youth.

Fushek's attorney, Thomas Hoidal, said a jury would be ill-equipped to hear testimony on the separate incidents without letting one case prejudice their thinking in another, and he argued for separate trials on each count.

Maricopa County prosecutor Barbara Marshall said the totality of the evidence was legitimate to present together.

 
 

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