EUGENE, Ore. (KOIN) – The defense attorney for gay rights activist Terry Bean argued for a dismissal of charges Friday at a hearing just days before a trial in a sex abuse case is set to begin.
The 66-year-old Bean and his former boyfriend, 25-year-old Kiah Lawson, are accused of sexually abusing a teen in 2013.
Bean appeared in court with his attorney Derek Ashton. Lawson was brought into the courtroom in handcuffs. He awaits trial in Washington County on separate charges September 9.
“We are ready for trial on paper on Tuesday, September 1. Witnesses we feel are necessary are under subpoena,” District Attorney Erik Hasselman said. “It’s extremely unlikely the alleged victim will be showing.”
The prosecutor said they are not ready to ask for the case to be dismissed, and added they’re not going to force the alleged victim to show up.
Ashton said, though, waiting until Tuesday does not make any sense and that the case is talking a personal and professional toll on Bean.
“There’s no chance that (the alleged victim) will be here Tuesday. We’re asking the court to dismiss the case with prejudice and render a judgement of acquittal.”
Lori Deveny, who represents the alleged victim, said her client “has made it perfectly clear to the prosecutor that he has no interest in pursuing either of these cases.”
She said her client was outed by the detective on the case and undermined his support system.
“Based upon the conduct of the detective in this case,” she said, “my client threatened to commit suicide in front of (DA) Mr. Healy.”
Deveny said the case needs “to go away. It is psychologically traumatizing to my client.”
In the end, Judge Jay McAlpin ruled the trial will go forward beginning Tuesday.
Earlier in the summer, the teen’s attorney told prosecutors the boy had agreed to a financial settlement and did not want to testify. But a judge ruled criminal charges should be pursued.The Associated Press contributed to this report.