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Second Baptist lawsuit hearing continues Tuesday

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The dirt work (righthand side) was started in the early stages of construction, but the entire Second Baptist Church sanctuary project came to halt after money committed to the project went missing (Photo by Ryan Phillips, SDN)
By: 
RYAN PHILLIPS
Staff Writer

After a day-long hearing on Monday, the proceedings concerning the lawsuit filed against Second Baptist Church pastor Joseph Stone and deacon Terry Miller by members of the church will continue on Tuesday in Oktibbeha County Circuit Court.

Monday saw Circuit Court Judge Jim Kitchens allow attorney Dorsey Carson to add the church's finance committee as plaintiffs in the lawsuit, but nothing else was ruled on from the bench during the hearing.

The lawsuit comes on the heels of the 2016 arrest of Long Beach-based contractor Donald Crowther, who was charged with false pretense regarding his involvement in an expansion project for the church that failed to come to fruition.

Crowther has been accused of defrauding the church from May 2013 until October 2015 and falsifying checks that were sent to the church as part of a payment schedule for the project.

The church trustees have sought to recoup over $450,000 in church funds that were paid to Crowther's company for the project, which stalled in the fall of 2015 during the dirt work stage.

Carson made the argument that both Stone and Miller were in contempt of a court order to maintain the status quo of the church's operations and called deacon Ronald Whitson to the stand as a witness.

Carson primarily focused on the claim that Stone and Miller defied the order by committing actions that impacted the makeup of the church's board of trustees.

However, Kitchens posed questions after watching a video from last December of Stone overseeing the church body vote on multiple matters, which the defense said had no impact on the status quo.

When cross-examined by Stone and Miller's legal counsel Williams Starks, Whitson said neither men took funds from the church they were not entitled to.

Whtison said on the stand the lawsuit against Stone and Miller was intended to "stop the bleeding out of funds."

However, Whitson said no funds have left the church since the lawsuit was filed.

"As far as contempt, simply again no evidence they violated the orders," Starks told the SDN following Monday's hearing. "The church has continued to govern itself and do things but they're not subject to the order - just Mr. Stone and Mr. Miller - and they have not violated the court's orders and will continue to follow the court's orders as they are presented but they still have to operate in their jobs as members of the church."

Starks then said his team feels great about the possibility of going to trial because of the lack of evidence pointing to Stone’s and Miller's involvement in any wrongdoing.

"My entire impression of this case is they have accused the deacon and pastor of taking kickbacks and have zero proof - absolutely none - and haven't been able to present any in a year and a half of litigation," Starks said. "This is just absolutely a chance for the trustees to really bankrupt the church through attorney's fees - in my opinion."

Carson was also optimistic of what could come from a jury trial following the hearing and praised Whitson as a witness in the case.

"I don't think we could be more happy with the way things are going from an evidentiary standpoint and Ron Whitson, the deacon, is a neutral person," Carson said. "I don't think anybody would call him anything but honest as the day is long and I think we see a pattern where we've got Pastor Stone, who really acts more like a dictator within the church and so if you're not on his team, you're not even invited to the deacon's meetings."

Both legal counsels, however, echoed the divisive nature of the situation and how the polarizing issue has driven both sides into ideological corners.

"The unfortunate thing is that it has divided the church," Carson said. "The positive I see out of it is that the judge indicated that he is ready to move forward with a trial . We think that's going to be hugely beneficial and the church won't be able to heal until we get this behind us. But there's a lot of truth that needs to see the daylight and that's part of what we're doing here today."

While Starks acknowledged the divisiveness surrounding the lawsuit, he said the plaintiff's argument can be chalked up to a personal vendetta by certain church members.

"We're looking forward to a jury hearing this," Starks said. "I think it is divisive. I think there is a matter of some people like the pastor and some people don't and this is about trying to get rid of the pastor, not actual merit."

Tuesday's hearing will begin at 9 a.m. in Oktibbeha County Circuit Court.

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