Defense: witnesses in church rape cases now deny abuse

Amite, USA - Lawyers for church members accused of raping children say one alleged abuse victim now says he was never abused and his brother, an alleged witness, backs him up, a Baton Rouge newspaper reported Wednesday.

Statements by two boys and a girl were the center of allegations that the minister of Hosanna Church, his wife and five members of their now defunct congregation sexually abused children from 1999 to 2003.

But the boys, now 21 and 17 years old, now say there was no abuse and they were coerced into statements against the adults in the spring of 2005, attorneys for the minister, Louis Lamonica, and for the only defendant whose trial has been scheduled told The Advocate Tuesday.

"We have said since the beginning that the allegations against Mr. Lamonica were not true," his attorney, Michael Thiel, told the newspaper. "I believe that the witnesses that the state will call at trial will bear that out."

He continued, "Whether that's recanting depends on the definition of the word 'recant.' I am not sure the witnesses freely and voluntarily made any accusations of merit."

Albert Bensabat, who represents Austin "Trey" Bernard III, said he hasn't spoken to the youths, but believes they will deny any abuse when they testify. "That's my understanding; that they feel (they were) coerced into making these statements," he said.

The girl, now 7 years old, still maintains she was sexually abused, prosecutors and her mother told The Advocate outside court on Tuesday, when a pretrial hearing was held for Bernard. His trial is scheduled Nov. 26.

Because of her age during the alleged abuse _ infancy until she was 3 years old _ she is not expected to testify, Assistant District Attorney Don Wall said.

He said he has heard that the boys have changed their statements, but still plans to call them as witnesses.

The three alleged victims spoke with forensic interviewers with Child Advocacy Services based in Hammond during the investigation by the FBI, the Tangipahoa and Livingston Parish sheriff's offices and the Ponchatoula Police Department.

Nine church members were arrested and seven indicted.

Public defender Reggie McIntyre and defense attorney Wayne Stewart, representing Paul Fontenot, 23, of Ponchatoula and Al Pierson, 48, of Hammond, respectively, also said they have heard that they boys have recanted.

Duncan Kemp, who represents Robbin Lamonica, 47, of Holden declined to comment.

The relative with whom the boys have lived since spring 2005 also declined to comment, The Advocate reported.

Wall said Bernard admitted abusing children, and one of those statements was videotaped. His statements mirrored the children's, the prosecutor said.

During the pretrial hearing, District Judge Doug Hughes denied a defense request to quash the indictments against Bernard because prosecutors did not bring in any new testimony when a second indictment was handed up in 2005 to reflect a change made in the law in August 2001.

That was the month state law changed to classify oral sexual battery of a child under age 12 as aggravated rape.

Bernard is charged with three counts of aggravated rape.

When the cases go to trial, the more sensational aspects of the case, such as the allegations that the abuse was part of a Satanic ritual, will likely be downplayed.

"It is not against the law to worship the devil," Wall said. "It is against the law to sexually abuse children."

No physical evidence of alleged rituals was found, detectives have testified.

Bensabat said physical evidence of the alleged sexual abuse was found, either.

"We believe all of the defendants to be innocent," Bensabat said. "We believe it is all a fantasy."