Sex-Ring Judge May Step Down Defense Claims Bias And Asks For Mistrial

The judge in the child rape and molestation trial of a Pentecostal preacher and his wife will decide today whether he will step down after the defense accused him of bias.

Defense lawyers for pastor Robert “Roby” Roberson and his wife, Connie, asked Thursday that Douglas County Superior Court Judge T.W. “Chip” Small remove himself from the case. They alleged his wording of a court order indicated prejudice against the defendants.

The defense also sought a mistrial, on the same grounds of prejudice, and asked for a change of venue, preferably to Clark, King or Pierce counties on the west side of the Cascade mountains.

The other two matters - the mistrial and venue motions - will be argued today only if Small denies the defense’s request to remove himself.

Should the judge step down, the trial would be postponed for 30 days and another judge would be appointed to proceed.

The Robersons are accused of having sex with children in their East Wenatchee home and the Pentecostal Church of God House of Prayer.

Roby Roberson is charged with four counts of first-degree child rape, five counts of first-degree child molestation and one count of second-degree child molestation. Connie Roberson is charged with two counts of first-degree child rape and five counts of first-degree child molestation.

Both deny the accusations. They contend the charges are an attempt to squelch their criticism of authorities’ motives and methods in a larger sex-ring investigation.

Defense lawyer Robert Van Siclen of Auburn argued that Small demonstrated bias against the Robersons in an order issued Nov. 13.

In the order, the judge said: “This court must assure all victims of child sexual abuse and their parents and guardians, not necessarily the children involved in this case, that the process is not one that will subject them to such an inordinate amount of media attention that they stop coming forward … and allow this silent epidemic to continue.”

Van Siclen said the statement “clearly indicated a bias and prejudice against the defendants.”

He said Small’s references to “victims,” rather than alleged victims, and a “silent epidemic” indicate he has prejudged the case.