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Police Misconduct Alleged, Rape Trial of Enumclaw Pastor Delayed Again

The trial for Malcolm John Fraser of Sound Doctrine Church in Enumclaw, who faces two counts of first-degree rape of a child, is moved to Jan. 16 after a defense complaint of evidence mismanagement and bias on the part of Enumclaw Police.

Enumclaw Police have until Jan. 4 to search for and turn over any deleted emails and documents connected to the arrest and investigation of a local assistant pastor who is charged with two counts of first-degree child rape.

The order, from King County Superior Court Judge Beth Andrus, came after the attorney for Malcolm John Fraser alleged that police misconduct and bias have prevented her client from getting a fair and speedy trial.

Enumclaw Police Detective Grant McCall found probable cause for Fraser's arrest in March stemming from a report police received from Child Protective Services about inappropriate contact with a minor that reportedly occurred between 2005 and 2006. Fraser, whose trial was to have started last Tuesday, Dec. 11, is accused of repeatedly sexually assaulting a girl who was between 10 and 11 years old at the time. His trial has been delayed until Jan. 16 while the computer forensic examination is completed.

Ian Goodhew of the King County Prosecutor's Office said Andrus issued her order regarding police department computers on Dec. 7 during a motion to dismiss hearing by Fraser's defense team.

Andrus ruled that Fraser's defense team had not shown that dismissal was warranted, according to a video recording of the hearing. However, "the court concludes that his [McCall's] personal religious opposition to what he perceives is the theology of Sound Doctrine Church may be affecting his judgment in this regard."

That conclusion was, in part, drawn from an email exchange between McCall and Fraser's mother. In her brief seeking dismissal, Fraser's attorney, Ann M. Carey, reported that McCall expressed contempt for the Sound Doctrine Church by writing, "Malcolm's group is completely without the Gospel of our Lord and Savior, Jesus Christ," and, "The fruit exhibited by Malcolm's group is evil and twisted."

Deputy prosecuting attorney Jason Simmons countered in his response brief that, "the defendant's mother used highly religious language in her email and expressed a dislike for the Sound Doctrine Church. In an effort to create a rapport with the defendant's mother, McCall used similar language when he responded."

Carey also accuses investigators of governmental misconduct by withholding evidence for nearly six months and deleting emails that were pertinent to the case. Andrus said during the hearing that she did not believe McCall had deleted emails in a malevolent or intentional attempt to suppress evidence from the defense. Her order for the forensic examination covers the police department's email server as well as McCall's computer and all staff computers that might contain documents pertaining to Sound Doctrine Church.

With the Jan. 4 deadline and trial set for Jan. 16, that was enough time for Fraser's defense team to review any new material turned over, and his right to a speedy trial was not an issue, she said.

Editor's note: Patch was not present at the Dec. 7 hearing. Reporting was done with the assistance of a video clip made by The Discerning Times, a publication connected with Sound Doctrine Church. The full clip of Andrus' ruling is viewable at http://www.enumclaw.com/tv/judge-rules-on-enumclaw-police-misconduct.

See Also: Coverage of the hearing from The Discerning Times.



dexterjibs February 14, 2013 at 11:27 PM
James, it appears to me that you are associated with the Sound Doctrine Church. I will pray that you escape the church with your friends and family. Others have done it and you can to. Again, read the Bible about false prophets. All these former members and people associated with the church or Wine Press publishing can't be wrong.
James Owens February 23, 2013 at 04:29 PM
Post 4 of 4 It is so easy to just jump on the bandwagon and agree with a group of people about something, but then to pass judgment on another group solely based on what you have heard is indeed absurd. Do your research. Dexter, I respect you and your opinion, but from a factual standpoint, you have presented no solid foundation for your biases. If you have personal experience or Biblical proof as to what Sound Doctrine is doing wrong that would be different and I’d be happy to discuss that, but so far what you have said is just hearsay that a group of individuals have told you. You keep telling me about false teachers. Please explain the point you are trying to make with this. I have read about false teachers. What specifically are you referring to, or have you just heard Timothy called a false teacher and are saying the same yourself?
James Owens February 23, 2013 at 04:30 PM
Post 3 of 4 What I am asking of you Dexter is to approach this with no preconceived notions about Sound Doctrine. Look at both sides from a Biblical and logical standpoint. It is clear you know people who don’t like Sound Doctrine, but have you asked yourself why they don’t like SD. Obviously we all have opinions on everything, but whenever I research a topic, I try to remove my personal biases and examine both sides of the argument especially before making a judgment. I spent nine years as a member of Sound Doctrine so I know those who are actively stirring things up very well. I used to consider them my family, but they have chosen a path of hate. Just so you know how the dynamics of things work, most “ex-members” of Sound Doctrine usually band together to attack and bring down the Church. They CHOOSE to believe the Church hurt them and they are CHOOSING to take out their anger on those who have poured out so much love towards them (especially Carla Williams). However, it is possible to leave Sound Doctrine, as I have done, and not be bitter or angry. However, that meant that I couldn’t blame any problems that I have on a church. This might sound crazy, but I actually had to take responsibility for my actions.
James Owens February 23, 2013 at 04:30 PM
Post 2 of 4 What I do see is a select few people who actively hate Sound Doctrine Church and they are trying to get as many people to join them as possible. Dexter, it is important to rationally approach any and every situation. Your argument saying, “All these former members and people associated with the church or WinePress Publishing can't be wrong” does not hold any water. Look at the Bible. There was a large crowd ready to push Jesus off a cliff. Would the same logic then apply? Or what about when the Jews were persecuting the early Christian church. So many people hated them, but does that make the early Christians wrong?
James Owens February 23, 2013 at 04:30 PM
Post 1 of 4 Dexter, I am actually what many would call an "ex-member" of Sound Doctrine. However, I have made the conscious effort to not blame my problems on a church and rather claim responsibility for them myself. You see, I do read the Bible and I know that when I see comments saying: “I struggle daily with wanting to go burn their building down.” (Athena Dean) I look at that and see they are not living out what Jesus taught. Also, when I know firsthand how certain individuals stole 20k in home furnishing, they are not living what Jesus taught (I was the one holding the camera on the Enumclaw.com website). I also look at people who drive down the street and call people assholes and I don’t see that as living what Jesus taught either. Then I see a church building have their window shot out, houses being vandalized, a group of individuals being harassed, not feeling safe to walk down the street and again I don’t see Jesus.

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