Attorneys want video evidence out in church daycare abuse case

Attorneys for the former First United Methodist Church pastor and daycare director accused of allowing abuse of children in the church daycare are asking a special judge to prohibit the commonwealth from using some or all of the video evidence in the case.

Attorney David Bundrick represents former daycare director Abby Leach and said during a hearing Friday morning he doesn’t believe there’s proof either defendant had seen the videos of abuse by Nina Morgan and Allison Simpson prior to the allegations and charges being made.

Bill Deatherage represents former pastor Paige Williams and is joining Bundrick in his motion.

Muhlenberg Circuit Judge Brian Wiggins is presiding over the matter and hadn’t received a copy of Bundrick’s motion, so he gave the Commonwealth a week to respond while he looks over it and scheduled another hearing for February 13.

Bundrick also asked about the potential for a paper jury questionnaire that could be filled out on the morning of trial to weed out anyone who’s been exposed to a lot of media coverage on the case or who is connected to the church.

Judge Wiggins says he’s inclined to agree with special Commonwealth’s Attorney Blake Chambers that a jury can be seated using both circuit panels with regular questioning.

Williams and Leach are accused of failing in their legal duty to protect children in their care from abuse.  All of the victims in the case are infants, under one-year old.

Simpson was convicted last year of 12 counts of first-degree criminal abuse and 12 counts of third-degree criminal child abuse. Morgan was convicted of one count of criminal abuse in the third-degree, a misdemeanor.

Williams and Leach are set to go to trial on February 27.