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  Pastor Claims Lawyer Failed

Orland Press-Register
March 15, 2011

http://www.orland-press-register.com/news/hammonds-6994-motion-ryan.html

A former Willows pastor, who was convicted of child molestation in October, plans to seek a new trial today in Glenn County Superior Court.

According to court documents, Carlton F. Hammonds claims his former attorney, Adam B. Ryan, was "incompetent" and that Ryan's inadequacies resulted in an unfair trial.

Hammonds, 57, was convicted by a Glenn County jury of three felony counts of lewd acts and a misdemeanor count of sexual battery. A four-man, eight-woman jury deliberated for nearly four hours before handing down convictions on all charges.

The charges were based on a series of incidents involving three girls during the summer of 2006.

If Hammonds' motion for a new trial is denied, the judge is expected to proceed with sentencing. Hammonds faces a maximum prison sentence of 10 years.

Hammonds' motion criticizes Ryan for "limiting the defense to the testimony of only Mr. Hammonds," which he said, "resulted in the jury not hearing material evidence."

Ryan did surprise the court during the October trial when he did not call several defense witnesses, including Hammonds' wife, Nancy, despite putting her and other on his witness list.

"(Ryan) was in possession of the exculpatory and rebuttal testimony ... and simply chose not to present it," the motion states.

Attempts to reach Ryan at his Redding office were not successful.

Attached to Hammonds' motion are several sworn statements from family, friends and associates of Hammonds. Many of the statements attempt to impugn the credibility of the reported victims and many aspects of their stories.

Particularly notable are several claims made by Hammonds' wife and daughters that one of the reported scenes of abuse, a small shower at Hammonds' old house, was simply too small for the story to be true.

All three witnesses testified during the trial they felt "uncomfortable" after they began receiving longer and more aggressive hugs from the pastor when they were 12, 13 and 15, respectively.

One of the witnesses, now 18, said she noticed the change in Hammonds' behavior after she turned 12.

"It just started getting really weird," the woman testified in October. "He started talking to me and looking at me different."

The witnesses described an escalating pattern of inappropriate touching that began with drawn-out hugging and included fondling or groping of the breasts and buttocks.

"He would pull me into his office and start hugging me and telling me how much he loved me," the woman told the jury. "He started to hug me longer and stronger when I tried to pull away. It was just really creepy."

Hammonds' new attorney, Ronald D. McIver, also seeks to have the sexual battery charge dismissed because, according to the motion, the statue of limitations had expired.

Hammonds' motion states the battery reportedly occurred in March 2004, but Hammonds was not charged with the full complaint until January of last year.

The emotionally charged two-day trial included tearful and angry testimony from the two reported victims, one of whom claimed on the stand that Hammonds raped her, which she had denied for several years previously.

Despite the conviction, Judge Peter B. Twede allowed Hammonds to remain free on bail pending sentencing.

Former Assistant District Attorney Dwayne Stewart prosecuted the case and said many times he believed there were "many, many, multiple victims," but said he wanted to limit the number who would be required to testify.

The Glenn County Sheriff's Office began investigating Hammonds in 2006.

The investigation was frequently delayed by a combination of dwindling staff resources and turnover at both the District Attorney's and Sheriff's offices, and later, because of a series of scheduling conflicts and failed plea negotiations, authorities said.

Hammonds was arrested Nov. 20, 2009, outside his Tehama Street church. He posted a $100,000 bail bond and was released six days later.

Hammonds is set to appear at the Orland courthouse at 10 a.m.

 
 

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