Pastor seeks dismissal of sex charges

BEAVER - The attorney representing a pastor accused of having inappropriate contact with two teenage boys is asking a Beaver County judge to dismiss the charges against his client.
Charges in two separate cases against Laneer Fisher, 38, of 205 Centerdale Road, Moon Township, were held for court after an Oct. 12 preliminary hearing. However, defense attorney Dirk Goodwald filed a motion to have the charges thrown out.

Goodwald presented his arguments Tuesday before President Judge John D. McBride.
In one case, Fisher, who had been the pastor of Miracle of God in Christ church in Aliquippa for five years, was charged by Aliquippa police with unlawful contact with a minor, indecent assault, and corruption of minors.

Goodwald argued that the only evidence was based on the testimony of the alleged victim, and that the contact the boy testified about did not meet the legal standard for unlawful contact. Goodwald said there was no testimony from the boy that the contact was for the purpose of sexual gratification. Without the unlawful contact, there should be no charges of indecent assault or corruption of minors, he said.

Assistant District Attorney Justin Quinn argued that though there was no testimony of contact involving genitalia, the boy testified that Fisher asked the boy to sit in his lap, rubbed his nipples and stomach underneath his shirt and attempted to kiss the boy. Quinn cited case law that he said supports that contact is enough to meet the legal definition of unlawful contact.

In the second case, Fisher was charged by Beaver Falls police with indecent assault, indecent exposure, corruption of minors and unlawful contact with a minor.

In that case, Goodwald argued that the teen, who was 16 at the time of the incidents, was gay and consented to the contact. He said there was no testimony during the preliminary hearing that the boy said "no," attempted to get away or fight, or that he yelled or screamed. He said when asked during the preliminary hearing why he didn't object to the contact, the teen testified that he "felt he had to." Goodwald asserted the teen said that because he was a gay teen who was doing what came naturally.
Quinn argued that the victim went along with the sexual contact because Fisher used his position of power to assault the teen. Quinn said Goodwald neglected to read the next question in the transcript of the preliminary hearing, which was why the teen felt he "had to" go along with it.
http://www.timesonline.com/youth-pastor-seeks-dismissal-of-sex-charges/article_8c2098dc-5fc9-11e0-8429-001a4bcf6878.html