trial opens for
ex-church leader Excommunicated
Mormon denies abuse
By Holly Becka
Published 07-13-2000
A 16-year-old girl testified Wednesday that a
Mormon church leader from her family's Duncanville
tabernacle repeatedly molested her when she was 10.
The girl said the abuse stopped only after her brother
walked into the family's Cedar Hill living room in
August 1994 and found Gene A. Guinn assaulting
her as she sat on his lap.
Mr. Guinn, now 68, is being tried on a count of
aggravated sexual assault of a child, a charge he
denies. The defense contends that the girl has given
varying accounts and that Mr. Guinn never went as
far as the girl alleges.
Lead prosecutor Kristine Schwan told Dallas County
jurors that the girl's religious family initially trusted
their Duncanville church to handle the situation, but the
family eventually went to police because Mr. Guinn
continued associating with children despite church-
ordered counseling.
Ms. Schwan told jurors that church leaders later
confronted Mr. Guinn, who she said admitted to
them and to two counselors that he had molested the
girl.
The girl's brother testified that Duncanville church
officials asked his mother not to go to police.
The trial brings comes after a protracted
behind-the-scenes battle over local church records and
church leaders' testimony subpoenaed by the Dallas
County district attorney's office.
In a hearing before testimony started, attorneys for the
Church of Jesus Christ of Latter-day Saints argued
unsuccessfully that records of talks between Mr.
Guinn and Duncanville church officials were
confidential and shouldn't become evidence. They said
the church officials had acted as Mr. Guinn's
spiritual advisers, making the communications
privileged.
The church's attorneys also contended that internal
disciplinary actions taken by the Mormon church
against Mr. Guinn stemming from the girl's
allegations shouldn't become evidence. Mr. Guinn
was excommunicated, court documents show.
Mr. Guinn's defense attorney, Tom Pappas, argued
that introducing the church records as evidence
violated Mr. Guinn's rights to privacy and religious
freedom.
Visiting Judge Gary Stephens, who has been appointed
to preside over a criminal court that hears only
child-abuse cases, denied the church's objections,
ruling that the records could be introduced. He had
previously ordered the church to give the records to
prosecutors.
During testimony, the victim said that she'd known Mr.
Guinn her entire life and considered him a
grandfather figure. Her mother had known him since
she was 18.
The girl testified that Mr. Guinn would visit her
home and ask her to sit in his lap. She said she never
spoke out about Mr. Guinn fondling and assaulting
her.
"I didn't say anything because I didn't think anyone
would believe me," she said. "I was 10, and he was a
friend of my Mom's."
Under cross-examination, the girl acknowledged that
some aspects and details of her testimony about the
assault to a grand jury in 1997 were different from her
testimony Wednesday.
She acknowledged that she didn't give explicit details
of the assault to everyone who interviewed her,
including a police officer, but she insisted that her
testimony has always been consistent and truthful.
The victim's 26-year-old brother testified that he
waited a few months after he interrupted the alleged
assault before talking to his sister and then telling his
mother.
"I kept it to myself because I knew this was a serious
accusation," the brother said. "I wanted to find a way
to approach this."
He said his sister at first denied that she had been
assaulted, but then tearfully gave him generalities
about Mr. Guinn's actions. He and his mother told a
Duncanville church bishop about it in late 1994 and
waited for the church to get back to them, the brother
testified.
The brother said he insisted on contacting police after
local church leaders failed to make the family aware
that they'd taken any action.
Under cross-examination, he acknowledged that the
bishop had encouraged him to tell him what he'd seen
and that no one from the church asked him not to
contact authorities.
Testimony is scheduled to resume Thursday morning.