Judge denies defense motion to dismiss charges

By: Donna Swicegood | Mooresville Tribune
Published: November 17, 2009

Judge Joe Crosswhite denied a motion to dismiss charges against a former teacher assistant.

Jury selection will begin Tuesday morning to determine whether Donald Williams is guilty of six counts of statutory rape/sex offense. A seventh charge was dropped by the district attorney's office.

Williams' attorney, Ken Darty, made a motion Monday to dismiss the charges, asserting his client was denied the right to a speedy trial. Williams was arrested nearly three years ago on the charges.

The charges involve a boy who was between 14 and 15 in late 2005 and into 2006. The state contends that Williams lured the boy with the promise of a job mowing lawns, and then offered to trade sexual favors for prescription pills.

Crosswhite also ruled that the testimony of a then 24-year-old who claims Williams lured him with the same promise of a job and then offered to trade sexual favors for money can be admitted.

Darty sought to exclude this testimony, saying the acts were not similar in nature.

The trial is expected to continue throughout this week.