Washington sex abuse case proceeding despite delay

tactics from COGIC lawyers  (an update)

In 2007, a Jane Doe filed suit against the COGIC, Inc. alleging childhood sexual abuse by her pastor.

Despite two years of legal delays initiated by COGIC's lawyers, case number 07-2-19565-3 is proceeding with a surprising development. But how long can the plaintiffs endure such tactics which are meant to reduce the benefit of a favorable outcome for the plaintiffs.

First a review of the case. According to a 2007 Associated Press story:

Based on a legal outline, here's one law student's personal assessment and review of the case for this site:

COGIC's defense has done a number of things which could be for any reason, most often done to delay trial and suppress time to gather info. These have been Motions to Withdraw counsel, and motions to shorten time or shorten discovery period, which limits time to find and interview witnesses. Also, change of attorney could prejudice party, and court will extend grace period to moving party to bring new attorney up to speed which could mean re-intervewing witnesses. It looks like several witnesses have given multiple sworn statements called declarations as a result of this. Defense appears to have done this about three times. Perhaps the attorney sees a losing case, or just has ethical issues for not wanting to represent the defendant. Not sure based solely on court docket given. But in any event, the case gets stretched out over motions and it costs the plaintiff more to continue, making settlement a more favorable end to reduce money going to attorneys and not in pocket at the end of things.

It also looks like in the discovery period, the complaint was amended. So the plaintiff's case could have been bolstered by the uncovering of evidence, or maybe limited to a more restricted claim. Plaintiffs were maybe added to the case as co-parties as well, so some of these amended complaints could reflect those things. At the period right before the 3rd complaint, it appears the plaintiff won a paternity dispute from DNA evidence, so that could also be reflected in the new complaint and strongly sway a case toward them if its related to the sexual assault directly, and not a separate issue.

Usually when the complaint is filed the defense has 10 days to respond, so keep your eyes open for something in the next week or so in the docket to reflect that if the court has determined their previous answers dont cover the remaining issues for trial based on the Oct 7, 2009 amended complaint at the end of the docket. So it would show up around the 17th.

With all that said, it looks like with what I have to work with, the case is at least proceeding next January for trial, meaning the plaintiff to date has presented a strong enough assertion to warrant a trial (and they requested jury which is usually to their benefit in these cases). The defense is most likely hoping to stall out and get a settlement if it looks bad enough for them, and could be using the change of attorney routine to acheive the delay.

Its not clear how much evidence or which witnesses are in favor of whom, but the declarations are sworn statements used in same manner as a deposition, so these would most likely be crucial. In the end, the plaintiff at trial will still have to prove her case out, but the right evidence will make that a simpler task, especially if the paternity is tied in it.

This seems to be the current status of the case and as best a summary I could decipher based on motion headings alone and no actual court documents.

You can find the legal outline at Washington Courts. When the link comes up, under Business name search do the following: (1)

select King Co Superior Court (2) select 2007 (3) enter "Church of God in Christ" (4) select second case.

Court documents allege that Smith sexually molested the woman, now 53, "on numerous occasions in his car and in his office in the chapel."

"Within the past year, (she) has begun to understand that many problems she has had in her life, and continues to have, were caused by Charles Smith having sexually abused her as a child," the lawsuit states.

She hopes by coming forward, she'll be able to "prevent anyone else from being injured," said Mary Fleck, the woman's attorney in Seattle. The church, originally called  Grace Chapel is now Smith Temple COGIC.