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Posted 24 Feb 2001   For week ended October 06, 2000
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News about Mormons, Mormonism,
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Sent on Mormon-News: 06Oct00

Summarized by Kent Larsen

Another LDS Bishop Escapes Failure to Report Charges

SALT LAKE CITY, UTAH -- Just one day before a scheduled court date, LDS Bishop David Maxwell reached an agreement with prosecutors to have the charges against him dismissed. The so-called "diversion" agreement requires only that Maxwell "take advantage of the standard educational opportunities provided to all ecclesiastical leaders in [Utah's failure-to-report statute]." Charges against him will then be dismissed in 90 days.

Maxwell was charged in February with failure to report a case of abuse after an LDS seminary teacher learned of the case and went to police. Maxwell had met with the 16-year-old girl, who claims she was raped, and with the 15-year-old boy accused of the rape. Maxwell claims he determined that the girl was actually the perpetrator in the case.

Sandy police Lt. Mark Nosack told the Salt Lake Tribune that he believed the diversion agreement was the best solution in the case. "The bishop realizes he was wrong. And he's learned something as a result of the process," Nosack said. "He's not a bad guy -- he's a good guy. And he doesn't need to be hurt." Nosak added also that the girl didn't want to testify against her Bishop.

Prosecutor David Yocum said that the recent cases against clergy has led him to change his procedures. He will now personally screen any future cases. "It involves people we don't ordinarily see in the criminal justice system," Yocom explained. "They are good people trying to do a job -- upstanding members of the community. We want to make sure that the evidence is there before we charge them. We are more interested in compliance [with the reporting law] than with charging people with criminal offenses. The important thing is the protection of the victims." He advised clergy to err in favor of the child in abuse cases.

The case against Maxwell is the second case resolved this week, following charges against LDS Bishop Bruce Christensen which were dismissed on Monday. A third LDS Bishop was charged earlier in the year, leading to a diversion agreement requiring 100 hours of community service and payment of court costs.

Source:

Deal Means No Trial For Bishop
Salt Lake Tribune 5Oct00 N1
By Stephen Hunt: Salt Lake Tribune


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