By Jeff Lehr

jlehr@joplinglobe.com

PINEVILLE, Mo. — The McDonald County prosecutor said Thursday that it was a technical issue that forced her to drop sexual-abuse charges against a minister and members of a fringe church near Powell, and not a lack of cooperation on the part of the alleged victims.

Prosecutor Janice Durbin was responding to criticisms leveled by an attorney representing one of two alleged victims in the case that was dismissed Nov. 6.

“It was a technical issue and not a personal one with the victims,” Durbin said.

She also said the charges may yet be refiled against Raymond Lambert, pastor of Grand Valley Independent Baptist Church; his wife, Patricia Lambert; and his sister-in-law, Laura Epling.

“I have not ruled it out,” Durbin said.

The Lamberts and Epling had been charged with sexually abusing two former female members of the church when they were underage. The defendants were scheduled to go to trial this week. But Durbin dropped the charges when problems developed in getting the alleged victims deposed by the defense on Nov. 1 and Nov. 5.

Similar charges against two deacon brothers in the church, Paul Epling and Tom Epling, Laura Epling’s husband, were dismissed almost a year ago. The sexual-abuse case drew national news attention in August of last year.

Erin Willis, a Pineville attorney representing one of the alleged victims, issued a statement Nov. 9 blasting the prosecutor’s decision to drop the remaining charges against the Lamberts and Laura Epling.

Willis said the alleged victims were not given proper notice of deposition dates and times, and that Durbin violated the alleged victims’ rights under state law by not informing them in advance of her intention to drop the charges.

Willis claimed in the statement that the alleged victims had been “ostracized” by others in their church’s community for coming forward to authorities for protection of themselves and others. She said Durbin’s decision left them “abandoned” and “deeply saddened.”

“This is an all-consuming matter in their lives,” Willis told the Globe in a telephone interview Thursday. “They were at the point that with the trials, they felt they may finally be able to go forward with their lives, and this has just taken them back to the beginning.”

She said the alleged victims never stopped cooperating with the prosecutor’s office as Robert Evenson, the attorney representing the Lamberts, told the Globe when the charges were dropped.

Evenson said Thursday that problems in obtaining depositions began in October, when Willis directed the alleged victim she represents not to answer certain questions Evenson asked her, including whether she was having a relationship with Ethan Epling, a witness in the case who also is represented by Willis.

Evenson said Circuit Judge Tim Perigo subsequently ordered Willis’ client to answer the questions in deposition. But the two alleged victims and Ethan Epling failed to show up for depositions scheduled for Nov. 1, Evenson said. Willis said they were never properly notified of the time for those depositions.

The depositions were rescheduled for Nov. 5. All three showed up, and Ethan Epling was deposed, according to both sides. But Willis was unable to be there, and the alleged victim she represents reportedly became reluctant to be deposed without her attorney present.

“Although I understand they were in the courthouse, or in the area, they did not show up,” Evenson said. “And that’s a violation of the rules.”

He said the accused have the right to face their accusers, and the deposition procedure is part of ensuring that takes place. He said that left Durbin with little choice but to drop the case. He said that if she had not, the judge would have.

Durbin acknowledged that a motion to dismiss that was pending prevented her from getting a continuance. She cited that as the technical issue that led to her decision. She said she could not further discuss the case because of rules of professional conduct.

“Timing is everything,” she told the Globe. “That’s all I can say.”

Willis said she believes a continuance should have been sought.

Between the time of the October deposition attempt and Nov. 1, Durbin dismissed her full-time assistant prosecutor, Dan Bagley, who had been handling the case. She told the Globe on Thursday that was because of “budgetary concerns” and “managing all this at the end of the year.”

Asked if the dismissal had anything to do with Bagley’s handling of the church sex-abuse case, she replied: “Good God, no.”

Bagley could not be reached for comment this week.

According to information from the McDonald County clerk’s office, Durbin’s office has spent $257,267 of $291,860 in county funds budgeted this year. Her office also has some special state-legislated funds and funds from bad-check fees, as well as some county law-enforcement transfer funds, available if needed.

The office has spent $20,230 this year on a special prosecutor assigned to the Levi King murder case, which has been moved on a change of venue to Pulaski County.

Durbin said she recently committed to hiring Sherrie Hansen to replace her part-time assistant prosecutor, Ray Gordon, when he leaves as planned at the end of the year. She said she intends to keep the full-time assistant prosecutor position vacant through the end of the year.

Durbin also acknowledged that the hiring of Hansen could have affected her office’s handling of the church sex-abuse case because Hansen at one time represented Laura Epling. But, she said, as long as Hansen herself does not handle the case, her office might not need to be disqualified.

She said the sex-abuse case remains under review.





On track



The Newton County prosecutor’s office says its child-sexual-abuse case against George Otis Johnston, the head of a Newton County offshoot of Raymond Lambert’s fringe church community in McDonald County, remains on track. Johnston is accused of abusing two underage female members of his church group.

There are different alleged victims in the cases in the two counties.