Judge: Witnesses in Smock cases will have to be deposed in both Cedar, Greene counties
Following a motion hearing Sept. 6 at Cedar County Court, Judge Brandon Fisher denied the state of Missouri's motion to reduce the number of times the alleged victim would be deposed in the criminal cases against Dr. David Smock of Stockton.
"While the Court tries to be sensitive to a witness in these types of cases, this Court finds to legal authority for the request of the State," the Sept. 9 judgement stated.
Smock has been charged with 12 felony counts of sexual abuse of a child in Cedar County, and an additional 3 felony charges in Greene County. Smock was one of the doctors who provided medical treatment to students at Agape Boarding School.
Fisher also heard and approved motions made by the state to protect and seal transcripts of the preliminary hearing as well as to seal witness lists.
More: Agape Boarding School student files civil suit alleging sexual abuse at physician's home
State alleges multiple depositions will cause undue trauma to victim
On Aug. 26, the state filed a motion requesting a protective order that would result in the alleged victim being deposed once, rather than for both cases.
Jennifer Coffin, a special prosecuting attorney, argued during the hearing that the incidents of child abuse began in Cedar County, continued in Greene County when Smock allegedly brought the victim to a residence in Springfield, and then returned to Cedar County.
"The cases are intertwined," Coffin said, and therefore any deposition in the Greene County case would also pertain to the Cedar County case and vice versa. "Are they separate cases? They are not."
Coffin also brought up concerns over emotional trauma and undue burden placed on the alleged victim if he had to be deposed on two different occasions on the same subject matter, which she said was supported by an affidavit from a nurse practitioner.
Defense: State's request is a 'travesty'
Stacie Calhoun Bilyeu, Smock's attorney, argued that if the cases were the same, it would be considered double jeopardy. She also said that only deposing the victim once was stripping her and her client of their constitutional right to a deposition.
"It's not about protecting child witnesses, it's about limiting my right," Bilyeu said.
Throughout the hearing, Bilyeu also accused the state of attempting to bend the rules and said the alleged victims were disingenuous, saying a second deposition didn't prevent the filing of a civil case "to make a buck."
Bilyeu called the motion requesting an order of protection "a travesty of justice, a complete and utter travesty."
Parties still discussing venue change
The hearing also briefly discussed the motion to move the hearings to a different county. Both the prosecutors and the defense had exchanged a list of suitable locations, but were unable to come to an agreement.
Bilyeu said she was seeking a venue where the case may be less well known, citing concern that Kansas City Star and other local media coverage of the case may cause prejudice.
A decision was not reached in the change of venue, with Fisher saying he would be willing to travel wherever they decided to move the case. Both Coffin and Bilyeu agreed to do more research and confer.
Susan Szuch is the health and public policy reporter for the Springfield News-Leader. Follow her on Twitter @szuchsm. Story idea? Email her at sszuch@gannett.com.
This article originally appeared on Springfield News-Leader: Judge: Witnesses in Smock cases to be deposed in Cedar, Greene county
