Dismissal sought in West Virginia sex-abuse case

The Exponent Telegram
October 19, 2015

http://www.theet.com/web_exclusive/wv/dismissal-sought-in-west-virginia-sex-abuse-case/article_bd9109af-0f29-5fae-a73c-8f2ecb36fa24.html

BLUEFIELD, W.Va. (AP) — An attorney for a church volunteer in Bluefield accused of sexually molesting children is arguing that the pastor of the church violated his priest-penitent privilege when he brought his concerns about the volunteer to police.

The Bluefield Daily-Telegraph (http://bit.ly/1M0oqUP ) reports that the attorney argues in pre-trial motions that the charges against Timothy Probert of Mercer County should be dismissed.

The state counters that the pastor of Westminster Presbyterian Church was following the state's mandatory reporting law.

The 57-year-old defendant is facing 50 charges related to the alleged sexual abuse of young boys while he was a church volunteer.

A hearing on the defense motion to dismiss is scheduled for December.

A special judge was called in to try Probert's case after all three Mercer County circuit court judges recused themselves.