By Mori Kessler
The St.georgeutah.com
September 23, 2011
http://www.stgeorgeutah.com/news/archive/2011/09/22/slow-justice-backlogged-courts-hampers-efforts-for-speedy-trial-in-child-sexual-abuse-case/
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ST. GEORGE – The right to a speedy trial is guaranteed under the Sixth Amendment of the U.S. Constitution. However, for the plaintiffs and attorneys involved in one case, the cogs of justice move far too slowly.
In 2009, Kris Lounsbury, a former Republican congressional candidate and lay pastor at the Living Word Christian Fellowship, was charged with the sexual molestation of a child. The 2009 case was soon joined by another in 2010 that involved charges of child sexual abuse. If he is handed a verdict of guilty by the court, Lounsbury, who is now 63, faces the possibility of a life sentence.
However, for a sentencing to take place, a trial date must first be set and followed through with. Due to an overwhelmed court system that is only able to handle so many cases in a day's time, Lounsbury's cases have remained in a state of judiciary limbo.
With the 2009 and 2010 cases combined, Lounsbury is facing four counts of aggravated sexual abuse of a child, two counts of forcible sexual abuse of a child and two counts of rape.
The Frustration of a Slow Moving Process
"It's a travesty of the American justice system," said Larry Stratton, a relative of the alleged victims in one of the cases.
Laurie Stratton, another relative of the alleged victims, expressed her disappointment that Lounsbury has not yet been tried and sentenced.
Initially, Laurie Stratton did not believe one of the victims when the accusations of sexual abuse came to light. However, as the other victims backed up the first victim's story, she began to believe them.
"He's a danger to society in my eyes," Larry Stratton said.
Both Larry and Laurie Stratton claimed that there are far more victims of Lounsbury's alleged actions than what is presented in either case. They further claim that the victims involved in the court cases have witnessed other, currently unknown, victims allegedly being sexually molested by Lounsbury.
Laurie Stratton also said that while Lounsbury was still a pastor, he would have the alleged victims over on the weekends in order to give them a "Godly upbringing." She said that this was only one of countless times that Lounsbury committed the actions he is accused of.
For all that Lounsbury is accused of, Larry Stratton expressed his frustration over the fact that Lounsbury has yet to spend a single night in jail.
According to Washington County Attorney Bryan Filter, Lounsbury turned himself over to police custody in 2009 when charges were originally brought against him. The judge over the case allowed Lounsbury to be released under his own recognizance, believing him not to be a flight risk.
Additional charges were filed against Lounsbury soon after, this time resulting in a police arrest. Bail was set at $50,000. Lounsbury met the bail and is currently awaiting trial.
Filter said that trial dates for the Lounsbury case were supposed to be scheduled in June of 2011, but due to the backlog of cases already ahead of them, Lounsbury's were pushed back and left in limbo until further notice.
"[Lounsbury's] out in the community now," said an angry Laurie Stratton.
"[The Washington County Attorneys] can't find a week in three years to put this guy away?" Larry Stratton said.
"We're as frustrated by it as anyone," Filter said.
While waiting for a trial to take place, Larry and Laurie Stratton claimed that supporters of Lounsbury harassed the alleged victims' family for a time, even going as far as to engage in act of vandalism and intimidation. They also claim that Lounsbury has violated his bail by appearing in the neighborhood where the alleged victims lived. However, Larry Stratton admitted that they were unable to provide solid proof concerning the matter.
For the time being, Larry Stratton said that Lounsbury was "out of sight and out of mind," as far as Washington County officials were concerned.
Laurie Stratton summed up her and Larry Stratton's feelings when she said, "Where is the justice for the victims?"
They also hope that when Lounsbury's case finally goes to trial that it will encourage other alleged unknown victims to step forward and make their voices heard.
Filter said that a scheduling for Lounsbury's cases may take place in November, but thus far there is no solid date has been set.
Once a trial is set in motion however, Lounsbury may be facing decades, if not life, in prison if convicted.
From the Attorneys
Ryan Shaum, the Lead Deputy Attorney for Washington County, said that the sentencing of alleged child molesters depends on the particular charges, as well as the age of the child involved.
The lowest sentence an offender can receive is a year in prison and a $2,500 fine. The highest sentencing is life in prison, which is recommended in cases of child rape; especially if the accused has a prior history of related offenses.
Both Shaum and Filter stressed the fact that an accused individual is presumed innocent by the state unless proven guilty. One way the state practices this principle is in allowing defense attorneys a certain amount of time to gather the evidence they need in order to mount an adequate defense for their clients.
While facets in the court of public opinion may not like the idea because it can push court proceedings back even further, it can also help prevent otherwise one-sided justice.
What Parents Should Look For
Laurie Stratton said that she didn't believe one of the victims at first when she was told that the victim had allegedly been sexually abused.
Patricia Sheffield of the Washington County Children's Justice Center said that sometimes adults don't believe a child when he or she comes forward with a story of sexual abuse.
"Adults need to trust their gut instinct," Sheffield said.
Sheffield also provided a list of what parents and other adults should look for when it comes to signs that may indicate that a child has been sexually molested.
Are there changes in behavior? A very outgoing child may become socially withdrawn. Younger children may become disruptive. When aiding a small child in the bathroom and the child says something like "It hurts when you touch me there," Sheffield strongly suggests having a medical examiner look at the child.
The signs are both behavioral and physical, yet Sheffield cautions that they do not necessarily mean the child has been sexually abused. Physical irritation, for example, could be a bad rash.
Sheffield added that parents should be open with their children about sex and sexual abuse, albeit in age-appropriate manner. Talking to a child can open up an avenue of trust that may not otherwise be there when the child needs it the most.
"Open that door so children can express that concern," Sheffield said.
Parents also need to be involved in their child's life, Sheffield said and added that "parents cannot stay disconnected and still be good parents."
* Persons accused are presumed innocent unless found guilty in a court of law.
Contact: mkessler@stgnews.com
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