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  Update: No Verdict Tonight in Trial of Former Kingsport Priest Accused of Child Sexual Abuse

By Kacie Breeding
The Times-News
July 13, 2011

http://www.timesnews.net/article/9033831/update-no-verdict-tonight-in-trial-of-former-kingsport-priest-accused-of-child-sexual-abuse

A jury picked to decide whether a former head priest of St. Dominic's Catholic Church in Kingsport is guilty of sexually abusing an altar boy on three occasions more than 30 years ago began deliberations in Blountville court Wednesday afternoon.

William "Bill" Casey, 77, of 740 Shakerag Road, Greeneville, is being tried on first-degree sexual misconduct and two counts of aggravated rape in Sullivan County Criminal Court this week. The charges allege he sexually abused Warren Tucker, now 46, when Tucker was an altar boy for the church and a student at the church school.

Tucker testified Tuesday that Casey, a man he had viewed as a trusted father figure, raped him twice -- once when he was 13 and once when he was 14 -- in the priest's bedroom in the rectory basement. He also alleged Casey performed oral sex on him in his mother's trailer shortly before his 15th birthday, with Tucker saying he "felt obligated" to reciprocate the alleged act. He described feeling powerless to resist a man he believed to be "representative of God on earth."

Father David Boettner and Deacon Sean Smith of the Diocese of Knoxville, were the prosecution's last two witnesses.

Boettner testified that he, Bishop Richard Stika and Deacon Sean Smith met with Casey immediately after Tucker reported his allegations to the diocese on April 14, 2010. Tucker had supplied them with a written statement of his allegations, and the document was read to Casey at the meeting. Afterward, Casey was asked if its contents were credible, he said.

Boettner said Casey's response was, "Unfortunately, but not all the specifics."

Boettner said Smith had asked if Casey had sexually penetrated and fondled Tucker, and that Casey had responded, "I'm guilty."

Deacon Sean Smith, identified as chancellor and chief operating officer of the diocese, testified about the same exchanges.

Smith testified, "I asked Father Casey if he indeed masturbated Mr. Tucker, if he had oral and anal sex with him."

He also said Casey responded, "I'm guilty," and that Casey had apologized to them, saying he was, "so sorry that this would cause hurt to the Catholic church and all the faithful in the diocese."

Casey's lead attorney, Rick Spivey, questioned Smith about the exact words he used to ask Casey about the alleged acts, citing the use of the word "or" instead of "and" in Smith's written statement, as documented by Kingsport Police Detective Chris Tincher in June of 2010.

Sullivan County District Attorney Barry Staubus went back and questioned Smith on the same issue. Smith said that according to his notes, which were taken immediately after the meeting with Casey, he had said "and." He said when he met with Tincher, he didn't have his notes with him.

Casey, who said he's actually 77, not 78 as prosecutors said earlier this week, waived his right to testify just before noon, and the defense rested without putting on any proof after lunch.

Sullivan County Criminal Court Judge Robert Montgomery instructed the jury that in order to find Casey guilty as charged, they would have to find that count one occurred between May 11, 1978 and June 5, 1979; and that counts two and three occurred on different dates between June 5, 1979 and April 16, 1980.

In the state's first closing argument, Sullivan County Assistant District Attorney Julie Canter cited Tucker's testimony as proof that the alleged offenses had occurred within those time frames.

Casey's lead attorney, Rick Spivey, argued prosecutors had failed to prove their case against his client.

He argued that inconsistencies between Tucker's testimony and a prior statement to law enforcement in September of 2009 lled their timeline into question.

He asked the jury to consider whether Tucker's knowledge of the statute of limitations and conversations with representatives of a non-profit support group, Survivors Network of those Abused by Priests (SNAP), might have affected the timeline he reported. He asked them to question why Tucker had revised his "memories" document three times.

Spivey also argued SNAP representatives could have influenced the conversation Tucker had with Casey during a recorded phone call Tucker made in the presence of law enforcement in North Carolina in September of 2009. He characterized the call as an attempt by the state to, "show that somehow Mr. Casey makes a confession that he was improper," with Tucker, "by innuendo."

In the state's final closing argument, Staubus called Spivey's argument a "smokescreen."

He reminded the jury that Tucker had said the revisions were due to his memories returning "in bits and pieces" as he attended therapy sessions.

As to the phone call, Staubus pointed out that SNAP's presence would have had no effect on Casey's responses. He noted that when Tucker proposed an adult friendship with Casey and says he's not trying to get back with him to, "do things like when I was a kid, you know, sexual things," Casey didn't ask Tucker what "sexual things" he was talking about.

The jury went home at 5:30 p.m., and are expected to return at 8:30 a.m. Thursday.

Casey has already pleaded guilty to a similar offense committed against Tucker in McDowell County, N.C., and he has additional charges pending in Scott County, Va., which also involve Tucker.

By the time Tucker reported his allegations to authorities, Casey had retired from the Notre Dame Parish in Greeneville. He was subsequently suspended from the Catholic ministry pending completion of the laicization process. Spivey told the jury Wednesday afternoon that his client has been "defrocked."

Casey was indicted on Aug. 31, 2010, and arrested the following month.

 
 

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