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2 Trinity Baptist Lawsuits Dismissed

Judges: Lawsuits Filed Too Late

POSTED: Tuesday, December 11, 2007
UPDATED: 10:08 pm EST December 11, 2007

Two different judges recently agreed that despite the disturbing nature of the child molestation charges against a former Jacksonville pastor, the lawsuits filed in two cases came too late.

Two lawsuits filed against Dr. Robert Gray's former church, Trinity Baptist Church on the Westside, were dismissed.

Gray was arrested in May 2006 on charges of sexually abusing children in his church in the 1960s and 1970s. He was faced with six counts of capital sexual battery involving four women.

Although the former pastor died last month before standing trial, the civil suits filed in the cases continued.

However, two of the alleged victims have been told they no longer have the right to sue.

Circuit Judges Peter Fryefield and Charles Mitchell ruled that the women failed to meet a four-year statute of limitations and that each knew her abuser, the Florida Times-Union reported. Mitchell ruled on Oct. 23 and Fryefield's order was filed Thursday.

"Generally, the law is that once you know or should know upon responsible investigation who caused the harm then your right to sue begins and the clock is ticking," said legal expert Ed Birk.

The attorney in the cases tried to slow the ticking clock by saying Trinity was hiding information about abuse, but Fryefield and Mitchell both said that was not the case and the church did nothing to prevent the alleged victims from coming forward sooner.

In one of the lawsuits, Mitchell said as awful as the allegations are, there is no legal basis to resurrect her claims.

The women's lawyer, Adam Horowitz, said Monday that he would appeal.

"Fortunately, the court of appeals is going to have the last word on this. We do intend to file an appeal," Horowitz told Channel 4 by phone. "Trinity Baptist Church did not win these cases on the merits. They won because according to the judge, the claim was not brought to court in a timely matter."

Similar decisions are pending in other cases that were filed by women who claim they were sexually abused as children by Gray.

Trinity attorney Edward Trent said he has similar motions pending with three other Jacksonville judges.

The current pastor of Trinity Baptist, Tom Messer, issued the following statement after the recent developments: "Despite the rumors and allegation. I did not cover up this situation. Every time I talked with someone regarding the issue I have been honest and tried to be helpful. I know today that some of the people that I have tried to help were not satisfied."

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