A path to a trial might be open in the Second Baptist Church lawsuit underway in Oktibbeha County Circuit Court.
At a hearing Friday in Circuit Court Judge Jim Kitchens set a scheduling order for the trial. However, the actual trial is still a long way off, with attorney William Starks, who represents Pastor Joseph Stone and head deacon Terry Miller estimating it would be late this year or early 2019.
“At least we’ve got a schedule that moves us toward that process, so I think the next step for us is probably to engage in discovery and then probably to file a motion for summary judgment if it’s warranted,” Starks said.
Both Starks and attorney Dorsey Carson, who represents the church’s board of trustees said they were close to being ready for the trial. However, Carson said the board had found an insurance policy possibly capable of helping pay off some of the money owed to the church by contractor Donald Crowther.
Crowther was originally hired to build the church’s sanctuary and was arrested for false pretense in April of 2016.
A motion for sequestration of items owned by Crowther including vehicles and computer items was also filed. The funds from the sale of those items will be set aside for final judgement.
The exception to the order was hard drives from some of the computers, which could serve as evidence.
“Today we got a court order allowing us to sell the seized assets, and we will deposit those in the court.” Carson said. “That includes two vehicles.”
A motion was also filed for attorney’s fees for Stone and Miller’s appeal to the Mississippi Supreme Court. However, Kitchens did not rule on it.
Concerns were also expressed over church deacons not complying with papers served earlier in the week. Kitchens said he was considering serving the deacons with rule 81 summons, requiring them to come before the bench within 10 days of it being issued. Several uncertainties still remain around the deacons’ handling of certain church funds.
“I don’t have the deacons here,” Kitchens said. “I would prefer, and I know we don’t use this in circuit court a lot, but like a Rule 81 summons. We’re going to have this on this date, be there. That way I’m not worried about whether they’re there. They know they’re supposed to be there.”
Tensions flared between Kitchens and the attorneys several times throughout the hearing, mostly in regard to Kitchens’ hopes for the entire lawsuit to end soon.
“I’ve said it a hundred times,” Kitchens said. “It’s a simple lawsuit. Was Rev. Stone somehow negligent, or otherwise negligent or responsible for the decisions that were made along with Mr. Crowther… It’s simple litigation. It should be, but it’s made not simple by the fact that it’s a church. It’s like representing a big family.”
Kitchens also raised some concerns about the financial burden the lawsuit has put on the church.
“It’s kind of a contentious situation between all the parties,” Starks said. “The parties and the attorneys sometimes let their emotions get the best of them.”
The lawsuit has been ongoing since 2015, following the failure of Crowther to successfully complete the new sanctuary his firm was hired to build.