Judge bars testimony of accuser in Bollinger Co. sexual assault case

NEW MADRID, Mo. -- The case against a Bollinger County Sunday school teacher accused of sexually assaulting a mentally handicapped woman was dismissed Friday after a judge barred the woman's testimony from a jury trial.

Bruce Johnson, who was arrested in December 2002 along with two other members of Marble Hill Bible Chapel, was charged with first-degree felony charges of sexual assault and deviant sexual assault.

During a hearing Friday, New Madrid County Judge Fred Copeland ruled that the testimony of the woman, who is said to have the mental capacity of a 5-year-old, could not go before a jury.

"The court decided to strike her testimony because she was so limited mentally," said Stephen Gray, Bollinger County prosecuting attorney. "She's the key witness in the case against Johnson. We didn't have the ability to proceed further in the trial without her being able to link all the evidence we had."

Gray said it was important to note that Johnson was not exonerated. "No one determined he didn't do it," he said.

Malcolm Montgomery, the Cape Girardeau attorney representing Johnson, said his client was "fortunate that the judge recognized the evidence was not sufficient."

"My client had the opportunity to have his day in court and be vindicated," he said.

Gray said he is considering appealing the decision.

Frank Burgess, who was part-time preacher at Marble Hill Bible Chapel at the time of the charges, and Hurley Dixon, a song leader there, are still awaiting trial.

Their cases are being heard in venues outside New Madrid County and are not affected by Copeland's decision.

The alleged victim, also a church member, told investigators that for months the men would have sex with her at various places, including in their homes and in the church. When interviewed by investigators, the men denied the accusations and said the woman had not been in their homes.

cmiller@semissourian.com

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