Lawyers for Paul Dyal, a Jacksonville pastor charged with sexual battery on a child, want his charges to be dismissed.
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In a new court filing, his attorneys said witnesses, who could help in Dyal’s defense, are dead or have no memory of what happened.
Dyal, 80, was a pastor at the Jacksonville Assembly of the Body of Christ Church when he was arrested last March. He is still being held without bond awaiting trial and reportedly isn’t doing well. He filed for release last August due to health concerns but was denied.
The defense said in the motion that holding Dyal this long without any movement in the case is unconstitutional because he never waived his right to a speedy trial, which is protected by the Sixth Amendment.
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Attorneys also point out that a reason why key witnesses are dead or have insufficient memories is due to what they claim is negligence by the state. The victim filed complaints to the FBI against Dyal for two counts of alleged sexual battery in 1997 and 2003 respectively. However, the state only decided to prosecute in 2022, which is 25 years after the victim first came forward for an incident that allegedly happened 18 years before that.
Therefore, defense attorneys for Dyal claim that right now, due to the time gap, there is no physical or medical evidence to support the allegations, meaning the prosecution’s entire argument is based on witness testimony.
However, the state argues that it can still bring charges and prosecute because it is still within the statute of limitations.
Dyal’s next pretrial is set for March 21.
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