Judge Won’t Step Down From Child-Rape Trial Rules He Wasn’t Biased When He Wrote Of Need To Protect Child Sex-Abuse Victims
A judge refused Friday to remove himself from the child-rape trial of a preacher and his wife, saying he showed no bias when he wrote of the need to protect child sex-abuse victims.
The trial began with the prosecutor’s opening statement after Douglas County Superior Court Judge T.W. “Chip” Small denied several other defense motions and seated a jury. Small denied a motion to declare a mistrial and another to move the trial to another county.
“This court has no personal bias or any prejudice on this matter,” Small said. “Thus far all the actions in this case have been to provide a fair and unbiased trial.”
Defense lawyers said they would appeal.
In his half-hour opening statement, deputy prosecutor Eric Biggar told jurors the charges against Roby and Connie Roberson were the result of a thorough, independent investigation by county authorities.
“They (the Robersons) used their position of authority and trust over the children to perpetuate these crimes,” Biggar said.
Biggar said the prosecution will call six child witnesses, including four of the Robersons’ alleged victims. All the children attended the couple’s Pentecostal House of God Church, Biggar said.
Prosecutors will present medical evidence to show the victims were abused, he said.
In addition, an adult witness will testify that he saw Roby Roberson abuse two girls in the presence of his wife, Biggar said. The witness will testify that Connie Roberson did nothing to stop the abuse, Biggar said.
The defense was scheduled to present its opening statement Monday.
The Robersons face multiple charges of child rape and molestation. Prosecutors allege the crimes occurred at the church and at their East Wenatchee home.
Small granted a prosecution request that Roberson not be referred to as a pastor, since he is not an ordained minister.
The rulings were a setback for defense lawyer Robert Van Siclen, who contended that language Small used in an order banning cameras from the courtroom showed he was biased against the defendants.
In announcing tighter restrictions on cameras in the courtroom, Small referred to a “silent epidemic” of sexual abuse. The judge wrote he was afraid future victims would be reluctant to come forward because of media attention in the Roberson case.
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.
Twenty-eight adults have been charged since last fall with participating in what authorities describe as two loosely organized sex rings in operation since 1988.