Sick Puppy: Joshua Budgett

According to the Concord Monitor:    

A jury found Joshua Budgett of Pittsfield guilty of all 10 counts of aggravated felonious sexual assault against him after one hour of deliberation in Merrimack County Superior Court yesterday. He was immediately taken to the Merrimack County jail and will be sentenced April 30.

Budgett, 39, was convicted of assaulting his stepdaughter in their Pittsfield home repeatedly from September 2009 to April 2012, using multiple forms of penetration. Four of the 10 counts were for pattern sexual assault. The girl said it happened nearly twice a week and in every room of the house over that period. At the time, she was living in the home with Budgett, her mother and three younger siblings. The girl first reported the assaults in April 2012 to her boyfriend, then to a school counselor later that day.

Budgett is also a registered sex offender for two convictions of aggravated felonious sexual assault in 1994 with a victim under the age of 13. Under state law, someone with two previous convictions for aggravated felonious sexual assault could be sentenced to a lifetime in prison without parole.

Strained relationship

When the verdict was read, the girl hugged her boyfriend and a family friend, as her mother, Shirley Budgett, sat with her head on the bench in front of her a few rows back. The two did not sit together during the trial, speak in the courtroom or leave the courthouse together. Shirley Budgett had testified the day before that she and the girl used to talk about everything, but their relationship changed after the allegations surfaced last year. She also said she did not want Joshua Budgett to go to jail for the rest of his life.

The girl’s credibility was the key issue in the trial, with the two attorneys painting different pictures of her motivations during closing statements. Defense attorney Andrew Winters tried to poke holes in her statements and show that the state hadn’t proved its case beyond a reasonable doubt. But Deputy County Attorney Catherine Ruffle said the girl had no reason to lie and the evidence proved she was telling the truth.

Katie Swango, a criminalist with the state who specializes in forensics and serology, testified about DNA found on a rag that the police seized during a search of the family’s home in April 2012. The girl told authorities Budgett had cleaned himself with that rag and tossed it under a work bench after he had sex with her, shortly before she told people about the assault.

Swango tested two stains on the towel that contained seminal fluid and found the stains had a mixture of Budgett’s and the girl’s DNA. On Monday, Shirley Budgett had testified that she and Budgett had sex in the garage a few times and that he probably used a towel to clean up. But Swango said there was no evidence of Shirley Budgett’s DNA on the towel.

Swango said she couldn’t identify the source of the girl’s DNA and could not tell for how long the DNA had been on the towel. She did know, however, that the seminal fluid was Budgett’s, and that DNA from the two was mixed together.

“The DNA testimony is not nearly as incriminating as the prosecutor I think will suggest, because although the DNA was there, the DNA analyst can’t tell you anything about when the DNA was deposited,” Winters said during his closing arguments.

When Sgt. Richard Walter with the Pittsfield Police Department took the stand, Winters questioned why he had seized that particular rag in the garage and no others. Walter said it matched the description and location provided in the search warrant.

Kayla Page, the counselor whom the girl first told about the assaults, also testified. She said the girl was calm and clearheaded on the day she told her. The girl said she was worried about the safety of her mother and three younger siblings. Refreshing her memory with a copy of her initial report of the girl’s disclosure, provided by Winters, Page said the girl first told her the abuse began when she was 11. On Monday, the girl said it began when she was 13 or 14.

That discrepancy was one of several pieces of testimony Winters pointed at to say the state had not proven its case beyond a reasonable doubt. The girl said the assaults happened nearly 300 times, but that no one ever saw because her mother was always sleeping or in another room. Shirley Budgett testified that it was easy to hear things around the house, and she never saw or heard the two engaging in inappropriate behavior or acting suspiciously.

There “was a total of six people living on that one floor,” Winters said. “It would be incredibly brazen to try to pull off such a sexual assault repeatedly.”

Furthermore, he said, Swango’s testimony was not definitive enough to prove the mixed DNA on the towel came from sexual intercourse. He also pointed to the girl’s admittedly bad relationship with Budgett, who was always disciplining her and setting strict rules. She told her boyfriend and the counselor about the assaults the day after her boyfriend heard Budgett yelling at her.

“If you look at the genesis of how this report came forward, that makes a lot more sense of how a story like this could be fabricated in a teenage girl’s mind,” he said.

No reason to lie

But Ruffle said the girl’s dislike of Budgett wasn’t a reason to lie. She had made her own plans to get out, getting good grades in school and working two jobs to save money for college. She never told because Budgett had groomed her to believe that what was happening wasn’t wrong.

“He was smart, he was sneaky, he was controlling and he was manipulative,” Ruffle said.

The girl couldn’t remember every detail of the assaults because it had happened so many times, she said. The defense called the accusations unbelievable. But if the girl was lying, Ruffle said, she would be more likely to create a story that was simple and neat.

“Why would she make up an unbelievable story?” she asked the jury. “The reason is, she didn’t make up this story – she told you what happened in her life.”

 

What makes this story even worse is that Chuck Phelps  married Joshua Budgett  to a single mother in Phelps’ congregation while Budgett was still in a half way house on a previous conviction for two counts of Felonious Sexual Assault (Victim under 13 years of age.) Joshua Budgett is listed on the Sex Offender registry related to this 1994 conviction.  Phelps actually officiated the ceremony at the half way house.  The bride had a small child already, and later the two had children of their own.

Chuck Phelps On the Stand at the Rape Trial for Tina Anderson Playing the Victim

Chuck Phelps On the Stand at the Rape Trial for Tina Anderson Playing the Victim

Perhaps Chuck Phelps honestly thought he was doing the right thing. But this is a clear example of how unfit Phelps was to pastor or give any advice to anyone. At best, his actions show he was incapable of thinking that a man whom he considered a believer, to be a predator. At worst, Chuck Phelps couldn’t care less what happened to the vulnerable and innocent.
Other pastors/ religious leaders need to be shown Phelps is  an example of how not to operate and treat the most vulnerable. We here at Chucklestravels are saddened for the victim and her siblings.

This paragraph from the above article about Shirley Budget makes our blood run cold.

When the verdict was read, the girl hugged her boyfriend and a family friend, as her mother, Shirley Budgett, sat with her head on the bench in front of her a few rows back. The two did not sit together during the trial, speak in the courtroom or leave the courthouse together. Shirley Budgett had testified the day before that she and the girl used to talk about everything, but their relationship changed after the allegations surfaced last year. She also said she did not want Joshua Budgett to go to jail for the rest of his life.

Shirley!

This man raped your daughter.

Repeatedly.

As a mom you, Shirley still believe in the offender?

Bryan College Professor Caught in FBI Child Protection Task Force Sting

David Morgan was the assistant professor of Biblical Studies at Bryan College, Dayton Tennessee.  Dr. Morgan was also the  assistant director of the Bryan Institute for Critical Practice and Thought.

Assistant Professor of Biblical Studies David Morgan teaches one of his introductory Bible classes / Triangle photo by Chloe Pool

Alan Green, a fifth year Bryan senior and editor of Bryan College Newspaper, The Bryan College Triangle heard that Dr. Morgan would be leaving Bryan College.  Green was given a statement from the president of Bryan stating the Biblical Studies professor was leaving “to pursue other opportunities.” 

At some point, Alan Green, found that Dr. David Morgan had been arrested with two other individuals on June 24, 2012. according to arrest records:

David Matthew Morgan, age 37, of 304 Osborne Drive Chattanooga, TN was arrested June 24, 2012 for Criminal Attempt – Aggravated Child Molestation, Criminal Attempt – Child Molestation and Sexual Exploitation of a Child. Bond has been set at $30,000. Morgan remains incarcerated at CCDC.

Alan Green’s source was a FBI press release.  Green wrote an article on the former professors arrest, but the Bryan president, Dr. Steven Livesay ordered the article not be published in The Bryan College Triangle.

Alan Green, at his own expense, printed flyers which he put up all around campus.  Green risked expulsion for this.

Last Tuesday, Dr. Livesay had a campus wide meeting to discuss Green’s story. He told a group of 150 students, faculty and alumni that he didn’t allow the story to be printed because “it was inappropriate.”

According to Bryan spokesman Tom Davis said Bryan’s president Livesay and the school’s cabinet felt like the story shouldn’t be published because they couldn’t verify Green’s facts.

“They are looking at this as: We are an institution that says it’s a Christian institution and we’re trying to live that out, to not spread information we can’t confirm.”

But when asked whether the police report filed against Morgan was proof, Davis, (who is also a Chattanooga Times Free Press correspondent,) said the school couldn’t confirm every detail.

Tom Davis went on to point out that Morgan wasn’t arrested and the incident that led to the charges didn’t take place on school grounds and didn’t involve anyone tied to the campus.

Then on Thursday, September 27, 2012 Dr. Livesay admitted that he “may have been wrong” when he ordered Green to kill the story.  Dr. Livesay further said, ”If we have upset or offended anyone relating to this situation, we apologize.”

In the opinion of the Editorial Board here at Chucklestravels, Dr. Livesay couldn’t have come up with a more half-baked,  non-pology.  Livesay’s statement didn’t convey remorse  but instead put the blame on those who are offended and upset by Livesay’s actions.  Furthermore, it was Livesay who  said that Alex Green’s sex-crime charges against Dr. David Morgan couldn’t be confirmed, when in fact they were a matter of public record.  Which, we may add, is the apparent cause of Morgan’s resignation–not what Livesay had originally claimed that Morgan had left “to pursue other opportunities.”

Perhaps Livesay, and the cabinet at Bryan College would do well to look into the Jack Schaap case.  The FBI caught Dr. Morgan in a child protection task force sting. In order to lawfully engage a target, the FBI must have reason to believe that a target has an established proclivity to the offense; otherwise the offender has a legal defense of “entrapment.” In other words, the FBI cannot lure otherwise law-abiding people into crimes, without first having a reasonable belief, based on evidence, that they are likely to commit the crime. Indeed, the FBI press release reported that Dr. Morgan’s online conduct had brought him to the attention of the task force. Therefore it was Dr. Morgan’s actions that led to his arrest were probably not his first foray into inappropriate sexual actions with minors.

Furthermore, Bryan College Administration did not discharge Dr. Morgan or suspend him pending the outcome of the criminal charges. Rather, the Administration allowed Dr. Morgan to resign. Furthermore, the College allowed him to remain employed for four weeks after the Administration knew of the serious criminal charges. Bryan College had learned of the charges July 3, but his resignation was effective July 31. This continuation of employment for four weeks falsely implies that no misconduct led to his resignation.
Dr. Livesay told Green in email to the Triangle Dr. Morgan had left “to pursue other opportunities.”  In fact there weren’t any other opportunities, (unless we’re speaking of likely doing time at Club Fed.).—Dr. Livesay lied.

The college spokesman said the Bryan was attempting to implement Christian principles and Bryan’s motto, “Christ Above All.”  How does deceit by the Bryan College president and administration fulfill the college motto? It would seem it wasn’t Christ Above All, Livesay and the cabinet were really concerned with.  In our view, it is more likely Livesay and others were more concerned about the little fiefdom within the confines of its own campus instead of furthering the Kingdom.

Dr. Livesay, you’re a president of a Christian College.    Where along the way did you determine your first responsibility is to protect someone who is preying on children?

What is the College Administration of Bryan College going to do about this?  Will it rebuke, call for repentance, and restore?  Or just act as if nothing has happened?

Bryan College Administration

Board of Trustees

  • Dr. Stephen Livesay President
  • Dr. Bradford Sample Academic Vice President
  • Mr. Blake Hudson Vice President for Advancement
  • Mr. Michael Sapienza Vice President for Enrollment Management
  • Mr. Vance Berger Vice President for Finance
  • Mr. Rick Taphorn Vice President for Information Systems
  • Mr. Tim Hostetler Vice President of Operations
  • Dr. Matt Benson Vice President for Spiritual Formation

Tina Anderson’s Stepfather, Daniel Leaf, Indicted

It was announced in the morning edition of the Concord Monitor (See below) that a grand jury has indicted Daniel Leaf  on two separate counts of felonious sexual assault against Tina Anderson.  The alleged assaults started with Tina (Dooley) Anderson was ten years old.

Christine Leaf is Tina’s mother.  According to Tina, she told her mother that Daniel Leaf had been molesting Tina once Daniel was committed to New Hampshire state prison.  Daniel Leaf was convicted of molesting a little girl in a fast food restaurant bathroom.

Daniel Leaf is a convicted sex offender with which Christine Leaf continues to remain married to and reside with to this day.   According to the following quote from the Concord Monitor, Christine Leaf still defends her sex-offender husband–even answering the door while he hid inside the house.

“Yesterday afternoon, Christine Leaf answered the door at the couple’s house in Tilton and said she did not think her husband, who was inside, would wish to comment.”

“Really, I don’t think we have anything to say,” Christine Leaf said, asked whether her husband maintains his innocence.”

Daniel Leaf was also convicted of Felony Child abuse in 1993.  He admitted to hitting Tina’s brother, Tom Dooley, with a belt ten (10) times.  Tina has told friends that she hid in the closet and lost count at seventy (70) strikes.

Man named in rape trial now indicted

Stepfather faces sex assault counts

August 23, 2012
SHARE THIS

When she testified last year to being raped and impregnated as a teenager in 1997 by a married man who attended her Concord church, Tina Anderson told jurors she also had been sexually assaulted by her stepfather years earlier.

Anderson said at trial that her mother and her pastor at Trinity Baptist told her to forgive her stepfather, Daniel Leaf, for the abuse, and he never faced charges in connection with her allegations.

That changed last week, when a Merrimack County grand jury handed down two aggravated felonious sexual assault indictments charging Leaf with assaulting Anderson between 1990 and 1992, starting when she was 10 years old.

The indictments – which don’t name Anderson – accuse Leaf, 52, of Tilton of intentionally touching the girl’s genitalia with his penis in Concord during different time periods. Leaf is a sex offender listed on the state’s registry with convictions in 1993 for felonious sexual assault and indecent exposure.

He was also convicted of second-degree assault in 1992, according to the registry. Christine Leaf, his wife and Anderson’s mother, testified in court last year that her husband had been found guilty of the assault for spanking her son. She said he spent seven years in prison for the sexual assault conviction, which she said related to a victim who wasn’t one of her children.

Yesterday afternoon, Christine Leaf answered the door at the couple’s house in Tilton and said she did not think her husband, who was inside, would wish to comment.

“Really, I don’t think we have anything to say,” Christine Leaf said, asked whether her husband maintains his innocence.

The Monitor does not normally identify alleged rape victims, but through a friend yesterday Anderson confirmed she was the victim and gave permission to be named in the case. Anderson spoke to media outlets and appeared on ABC’s 20/20 after the 2010 arrest of Ernest Willis, the Gilford man and former Trinity Baptist member convicted last year of raping her twice in 1997.

Anderson, who was 15 at the time of the assaults by Willis, said she was made to stand before the Clinton Street church and apologize for becoming pregnant. She was then sent to Colorado to have her baby, and the Concord police said they were unable to find Anderson. The investigation stalled until 2010, when someone mentioned Anderson’s story on a Facebook page critical of fundamentalist Baptist churches.

Anderson, now 31 and living in Arizona, agreed to be interviewed by the police, which led to the charges against Willis. During last year’s trial in Merrimack County Superior Court, she testified that she initially didn’t tell anyone about being raped by Willis because then-Trinity Baptist pastor Chuck Phelps had told her not to pursue charges against Leaf, instructing her that “a good Christian forgives and forgets.”

Phelps, now the pastor at Colonial Hills Baptist Church in Indianapolis, testified during the May 2011 trial that Anderson never told him she had been sexually abused by Leaf and denied ever telling her to “forgive and forget.”

“I do not preach forgive and forget,” he said. “I teach confront.”

Christine Leaf also denied telling Anderson not to press charges and testified that she contacted the police in 1996 after her daughter said she had been abused by Daniel Leaf.

“She said to me, ‘He touched me,’ ” Christine Leaf said during the trial. Leaf said she reported the allegations about her husband – who was in prison at the time – to a Concord detective and the state Division for Children, Youth and Families, but her daughter “never wanted to talk to the police.” Anderson testified that she believed her mother had told the police she thought her daughter was lying.

The police received a report about Leaf in 1996, but “we weren’t able to proceed with a prosecution,” Concord police Chief John Duval said yesterday. He said he couldn’t provide details late yesterday afternoon about the report and why the police weren’t able to prosecute the case but described the indictments against Leaf as “a result of information that was obtained subsequent to the initial investigation of Willis.”

Anderson said in a 2010 statement that Leaf abused her several times a week when she was a child and her mother was out of the house. She said she didn’t feel comfortable telling anyone about the abuse until Leaf was in prison.

Chuck Phelps Speaks…

Someone relates their conversation with Chuck Phelps.

 I called Chuck Phelps this morning after reading the position statement of Bob Jones University about Chuck Phelps being on the Cooperating Board of BJU. Marshall Frankin had said that people should call Chuck Phelps. Link to position statement here:
I called the church number. The lady that answered said that Chuck Phelps would only speak with those who gave their phone number. I gave my phone number and was transferred. Dr. Chuck Phelps answered.

I explained the reason for my call. 

For the next 12 minutes, Chuck Phelps spoke, I listened quietly.

He first stated that he was glad that I had called, that he had ”waited and waited for people to call and get the truth but no one had been calling.”

He went into great detail relating how he had sought legal council back in 1997 from two attorneys who went to Trinity. He went into detail telling me, that these two attorneys told him he and the church faced possible law suits if Phelps had told the church that Ernie Willis was the father of the baby Tina was carrying when both Tina and Willis stood before the congregation. 

Phelps pointed out that one of the attorneys taught at Franklin Pearce Law School.He stated that Tina had an “ongoing relationship, more that one dinner for her birthday with Ernie after she claimed she was raped.” “She kept seeing him.” 

“You have to understand, Tina was very close to the age of consent.”

(Tina was not over the age of consent when Willis had sex with her.)

Immediately after this statement, Phelps said, “You are only the third person to call me about this.”

He then switched gears completely and began talking about Christine and Daniel Leaf. His thoughts seemed to meander randomly from one topic to another during the conversation.”At the time of Tina’s alleged pregnancy, Christine Leaf was a single mom.” 

(Alleged pregnancy? What an odd statement at this point in time.)

He portrayed Mrs. Leaf as a hard-working single mom. “Tina was rebelling against her mother.”

“Daniel Leaf was in prison for abusing Tom.”

Dr. Phelps:”Tina at no time told me that Daniel had sexually abused her. Tina is lying when she told 20/20 that I had ever told her to go to the prison to confront Daniel. That never happened. That I didn’t do. Her mother testified that this a reconciliation plan from the state of NH for when the time came for Daniel to be released from prison.” 

( Still calling Tina a liar?)

He suddenly switched to complaining about the blogs. 

He stated that he never called Tina a liar from the stand.

“The quote circulated that I called Tina a liar is a bold face lie. I NEVER said such a thing. Never.”

He stated that the prosecutor “Wayne Coull set me up as the bad guy during the trial.” “The prosecutor painted me to be punitive in my dealings with Tina, and lenient with my dealings with Ernie Willis. That was simply not the case.” (It sounded as if Chuck Phelps were crying.)

He rambled on for a few more minutes about how he was portrayed in a bad light by Wayne Coull.

At the 12 minute mark. I said,

“Dr. Phelps, I only have a few more minutes to speak with you, do you mind if I ask you a few questions?”

Chuck Phelps stated, “Don’t interrupt me, I’m not done.”

I said, “Dr. Phelps you have spoken uninterrupted for 12 minutes. I timed it. I have said nothing. I have a few questions, may I please ask my questions?”

Silence.

Me: “Dr. Phelps did you a police report when Tina reported she was pregnant from being raped?”

Phelps: “Yes. Yes. I filed numerous reports. So did Tina’s mother under my direction. Tina’s mother worked for the state of New Hampshire. They knew where to find her.”

Me: “Dr Phelps I am not asking what Christine Leaf did, I am asking what you, yourself did. Did you yourself file a police report?”

Phelps: (Voice raised) Yes! I filed NUMEROUS reports!”

Me: “Dr. Phelps, I am not yelling at you. I have never raised my voice, have I?

“Phelps: “No, you haven’t.”

Me: “I am a truth seeker. Please don’t yell at me. Ok?” 

Me: “Did you make a written police report.”

Phelps: “No, I called the police and DYFUS. Back in 1997 NH law didn’t require written reports.”

Me: “So? You never filed a written report to the police or to DYFUS?”

Phelps: “No as I told you, NH law did not require that to be done back in 1997. I had sought legal counsel on how to proceed.”

Me: “I have to admit, I’m a little confused with your statement that you weren’t required to file a written report to police of DYFUS. especially back in 1997. Your confident that your memory is correct about this?”

Phelps: “I am 100% confident. In 1997 I was not required to make a written police report.”

Me: “Written police report? ok. How about DYFUS, did DYFUS require written reports in 1997?

“Phelps: “I called DYFUS and they told me, this was a police matter now. DYFUS was secondary.”

“Me: “Dr. Phelps, please bare with me. I’m trying to understand. Ok?”

Phelps: “OK”

Me: “Did DYFUS require written reports in 1997?”

Phelps: I’ve already answered that! (Chuck Phelps sounded angry)

Me: “Dr. Phelps did you tell Tina she should be lucky she didn’t live in OT times or she would have been stoned?”

Phelps: “Not in those words.”

Me: “Not in those words? What words did you use?”

Phelps: “I opened the Word of God with her.” 

Me: “You read Deuteronomy 22:23-24?” 

Phelps: “Well, yes. uh but….not only that verse.”

Me: “But you did read Deuteronomy 22:23-24 to Tina? Yes or No? Can you see now, with the benefit of hindsight, of course, how a confused teenage girl would take what you said literally?”

Dr. Phelps: “No. She knew what I meant.”

Dr. Phelps began talking about Ernie Willis’ pending appeal.

Me: “Let’s go back to the reporting issue. You told me that in 1997, NH didn’t require police reports to be written?”

Dr. Phelps: “Yes.”

Me: “You’re telling me, that if I research this, or have an attorney research this. I will find that anyone in New Hampshire in 1997 could merely make a phone call to the police and accuse someone of sex with an underage girl. That phone call would serve as a police report and be the basis of any prosecution for the serious charge of rape of a minor?”

Dr Phelps: “I was required under New Hampshire law to only call the police. I now wish I had camped out in front of the Concord Police station.”

Me: “I don’t believe camping out would have been necessary. Did you return Detective Gagnon’s calls to contact him?”

Dr. Phelps: “Officer Gagnon said he called my wife. That is incorrect. If he had my wife would have given me the message and I would have called him back. He never called me.”

(Earlier the prosecutor “set him up” now Phelps is an accusing a sworn retired police officer of the crime of perjury.)

Phelps changed the subject once again.

Phelps: “Tina said my wife asked her if she enjoyed it. My wife, Linda would never have said such a terrible thing.”

He went on for a few minutes about how he and his wife have “suffered terribly.”

Me: “I don’t know whether your wife made such a statement or not. However, I was asked the same question by Jim Berg and his wife when I told of being sexually abused. I was also told that if I did, I needed to confess that to the Lord. Is it possible that your wife was taught such a thing at BJU? Thought that was an appropriate thing to say because that’s what she had been taught?”

Dr. Phelps: “No! NO! My wife never said such a terrible thing! My wife was a virgin when we got married, and wouldn’t even know to say such a thing!”

(What a strange statement! His wife was a virgin when they got married? What did that have to do with the price of tea in china?)

Me: “As I said, I wasn’t there. However I can tell you, it was said to me in a counseling context.”

Dr. Phelps: “If Dr. Berg said that, that was a terrible thing for him to say.” 

Me: “Yes it was a terrible thing for him to say, and there is no ‘if’s’ he and his wife both said it.” 

We talked for a few more minutes. Dr. Phelps appeared to get more verbally combative with me.

Me: “Dr. Phelps have you tried to reach out to the Andersons, or to Tina herself since the trial?”

“Dr. Phelps: “Would never meet with Tina without a third-party present. She would misconstrue my words and my intentions.”

“Me: “So? That would be, No?”

Dr. Phelps: “I have legal advice to not do so as well.”

Me: “Ok?”

Me: “One more question. Do you have regret the way you treated Tina back in 1997?

Dr. Phelps: “No, I have nothing to apologize for from how she was treated in 1997.”

Me: “You have nothing to apologize for?”

Dr. Phelps: “No.”

Dr. Phelps: “You have to excuse me for being short. I have received dozen calls about this since yesterday.”

Me: “A dozen calls? First you said I was the first, later you said you had 3 calls, now it’s a dozen calls? Color me confused?”

Me: “Thank you sir, I have to go now.”

**The whole conversation took 35 minutes. I didn’t ask him all the questions I planned to ask. However, it was clear in my own mind at least that he did not sound humble, was deflecting and blaming everyone else.

IF the detective attempted to contact Chuck Phelps and he didn’t return the detectives calls, Chuck Phelps is incorrect.  According his own admission he was told by DYFUS that this case was a police matter.  Here’s the law that was in effect at the time.  Link.

“169-C:30 Nature and Content of Report.
An oral report shall be made immediately by telephone or otherwise, and followed within 48 hours by a report in writing, if so requested, to the department. Such report shall, if known, contain the name and address of the child suspected of being neglected or abused and the person responsible for the child’s welfare, the specific information indicating neglect or the nature and extent of the child’s injuries (including any evidence of previous injuries), the identity of the person or persons suspected of being responsible for such neglect or abuse, and any other information that might be helpful in establishing neglect or abuse or that may be required by the department.”

Source. 1979, 361:2. 1989, 146:2. 1994, 411:17. 1995, 310:175, eff. Nov. 1, 1995

A few thoughts.

1)  Chuck Phelps complains that the statement that he called Tina Anderson a liar is false.  Personally, I find it interesting, no one else who attended the trial has made the complaint that the unofficial transcript is inaccurate.  It has now been several months since the trial.

2)  Chuck Phelps claims he was concerned he and Trinity Baptist Church could be sued for telling the truth?  That is the defense of libel and slander-truth.

3)  Chuck Phelps claims Tina was close to the age of consent in New Hampshire.  Fact is Ernie raped Tina before the age of consent.  She was 15.  Close only counts in horseshoes and hand-grenades.

4)  Daniel Leaf was imprisoned for physical abuse of Tina’s brother Tom.  After he served a year for this, he was released.  Daniel Leaf was convicted of molesting a little girl in a McDonalds Bathroom.  Both of those offenses occurred before this.  As a result of the second conviction Leaf is required to register as Sex Offender.  I believe Daniel Leaf was imprisoned when Ernie raped Tina for indecent exposure which violated his parole.

5) Christine Leaf is hardly a candidate for mother of the year.  Here’s a statement by another individual who also witnessed the trial.

6)  I find his statement that Tina Anderson knew what he meant when he read Deuteronomy 22:23-24 interesting.  He says she knew what he meant.  Does he have the gift of clairvoyance?

Please don’t forget to sign the petition and encourage others to sign to send a message to Bob Jones University to  Chuck the CHUCK.

Rotten Fruit

Dan Frank posted the following opening post on Sharper Iron.

“This surprised me. Chuck Phelps’ name is listed as part of the board at BJU in the 2011 Seminary bulletin. It seems like fundamentalism is growing in its awareness of the problem of sexual abuse in its circles. Yet, Phelps has never articulated any repentance or regret for how he personally handled the situation between rapist and underage teenage rape victim in his church. I know that the standard “above reproach” is subjective at best. Yet, whatever that term means, Chuck Phelps could hardly be “above reproach” on this issue. Does this concern anyone else?”

Jim Peet is quick to jump in, deflecting from the problem by mentioning that the real problem is actually Dan Frank’s “obsession with BJU.”

Later Jim Peet claims, “I really don’t care who’s on the board of BJU.”  In the next post Peet states, “Why take up space on Sharper Iron.”

It was fine however for Sharper Iron to talk about such important topics such as whether bicycle shorts are modest, argue about whether Reformed Theology leads to Contemporary Christian Music in churches.  Those remotely familiar with Sharper Iron recognize that the tenor of most of the posts and comments on that site, tend to lean toward either outrightly defending BJU, or are very favorable to BJU.

The same for Phelps.

It comes as no surprise that commenters such as Jim Peet, (and he’s by no means the only person who has done so on Sharper Iron) claim to not care if Bob Jones University has chosen Phelps to be on its board.

Should Christians care about the testimony of a man who is chosen to lead young both lay and pastoral studies students?

Only a few weeks ago Phelps was on campus and taught the “preacher boys class” for a week.

Is it the best choice to select a man who as Senior pastor when he became aware of the situation, decided to put Tina and Ernie before the congregation to be disciplined as completely separate issues. Ernie apologized for being unfaithful to his wife; Tina for being pregnant after “allowing a compromising situation to occur”.  The congregation were not told Ernie Willis a then 38 year old man was the father of Tina’s baby.

Phelps then insisted for months that Tina was lying, even went as far as to set up his own website where it appears Mr. Willis’ attorney’s took much of their defense.

Phelps, through his attorney, David Gibbs, III fought hard to keep the “copious notes” to not be read into the trial record.

Once Phelps was forced to testify, and refer to the “copious notes” it was revealed that he knew from the beginning that Willis had admitted that he was the “aggressor” not once as Phelps had insisted, but twice!

All the while, Ernie was allowed to stay in the church, live free while Tina was sent to Colorado where she gave birth and gave her baby up for adoption.

Phelps continues to refuse to admit publicly that he did anything wrong.  The website Phelps put up after 20/20 is still up.

He that covereth his sins shall not prosper: but whoso confesseth and forsaketh them shall have mercy. Psalm 28:13

Phelps has not shown repentance.  No apology to Tina. No private repentance nor public repentance.

I find it further appalling that Bob Jones III preached and was present when the American Council of Christian Churches adopted the resolution on abuse.  Bob Jones III did this knowing that Phelps was on Bob Jones University’s 2011 board.

Dr. Bob III and other fundamentalist leaders have not exposed his sin.

Brethren, if a man be overtaken in a fault, ye which are spiritual, restore such an one in the spirit of meekness; considering thyself, lest thou also be tempted.      Galations 6:1

Bob Jones III preached this message at a ACCC conference.  Listen to it, by his own words Phelps isn’t qualified to be on the board and should be separated from.

There continues to be no response from Bob Jones University about Phelps being on their board.

What does the Lord expect?

He has showed you, O man, what is good; and what does the LORD require of you, but to do justly, and to love mercy, and to walk humbly with your God?  Micah 6:8

Bob Jones Ignores and Deletes Questions

There were many alumni and others who questioned the appointment of Charles “Chuck” Phelps to Bob Jones University’s Cooperating Board on the Official Bob Jones University Facebook Page.

Bob Jones University Official Facebook Page

Bob Jones University Official Facebook Page Logo

More than 24 hours have gone by without answers to the questions.

Bob Jones couldn’t bring itself to answer any questions about this, but instead it appears that these questions. and comments are being deleted from the official Bob Jones University facebook page.

Chuckles has expected this would be their action.

Never fear.  Chuckles is here.

Chuckles saved them all.

Message to Bob Jones University!  Just because you refuse to answer questions don’t make the questions go away.
You all, it seems you would have learned that not answering and deleting questions just proves the following illustration of a snowball rolling down hill. What is occurring once again, Bob, is like the snowball rolling downhill, the more you ignore it, or put more snow in its way, causes it to pick up speed. Other snowflakes who were not interested before take notice and then begin asking questions and wondering why nothing is being done.  The same is true when you all make a deflection statement, then other snowflakes wonder what you are hiding, and more catch on.  Just a word of advice. Learn from your previous mistakes when you have done this in the past, don’t repeat the same old same old.

Now for those deleted comments and questions.

I see a red sky dawning!  Against it's alumni while choosing to retain a man who covered up a teen age girls rape, pregnancy, and forced adoption of her baby.

 

Chuck Phelps Returns To Board Of Bob Jones University

While the attention of the media, abuse survivors and others were on the trial of Ernie Willis for the rape and resultant pregnancy of Tina Anderson when she was 15, there was a sleight of hand going on.  While others were focusing on what was increasingly becoming known of the actions of Tina’s pastor, Chuck Phelps who made her stand before her congregation and apologize for putting herself in a compromising situation and getting raped, the cooperating board at Bob Jones University had quietly pulled a dirty trick.  While others were riveted on the fact that a 15 year old, under the direction of her pastor, the girls mother, sent her daughter to Colorado to live with friends of Pastor Phelps where she was home-schooled while the rapist paid for the plane ticket to Colorado, another move was in progress.  Tina Anderson’s story continued to gain momentum in the media and on April 8, 2011 Elizabeth Vargus correspondent with ABC News 20/20 aired “Shattered Faith.”  Pastor Phelps told a 20/20 producer that Tina had an ongoing dating relationship with a married man that had turned sexual in nature.

The next day or so, her former Pastor Chuck Phelps went live with a website stating Tina was untruthful.  Fundamentalist Pastors and laymen on Sharper Iron and elsewhere portrayed her as a little Lolita whose wily ways hooked an innocent man into her grasp. Pastor Phelps spoke to many pastors and individuals all over the country telling them that Tina was not being truthful and that she was pressing on with criminal charges against Ernie Willis to get money.

Never mind that criminal proceedings don’t pay a dime to the victim. Any civil judgement would be a separate issue.  At the time, Tina nor her husband had not filed any documents to do so.  It is not known now whether the Anderson’s have done so, although it is  certainly within their legal rights if they chose to.

Leaders in the IFB traveled and met every other month or so in different cities to “pray with Chuck Phelps.”

While this was going on, another magic trick was in progress in the Bob Jones University boardroom.

Then the trial rolled around.  David Gibbs, III who represented both Phelps and Tina’s mother Christine Leaf lost a last minute legal “hail Mary” ploy to keep Phelps’ copious notes out of being read into the record by trying to claim, “clergy-congregant privilege.”  The judge recognized that privilege belonged to the victim not the perpetrator. Furthermore any privilege that had applied died when Phelps spoke about it to all those third parties and anyone with access to the inter-web.

It was soon revealed that Tina had told the truth and Phelps had been more than dishonest from Phelps own sworn testimony in a court of law.  Willis was convicted and sentenced on five counts.  Because the statute of limitations is short for failure to report in New Hampshire, state prosecutors are unable to charge him.  It is a long-shot that federal charges could be brought against Phelps under the Mann Act.  It appears unlikely that federal authorities will be pursuing this route at this point.

Phelps left the Bob Jones University board in 2007 after he accepted the offer to become President of Maranatha Baptist Bible College. Phelps time at Maranatha was short, he was asked to leave May 2009.

Everyone’s attention was on the 20/20 report, the upcoming trial and then the trial testimony of Christine Leaf, Chuck Phelps, Ernie Willis and others.  After Willis was found guilty our attention turned to sentencing of Willis.  Tina was vindicated.  Phelps, however never apologized, he never removed his website, nor the lies he told.  Phelps even tried to take credit for Willis being convicted.

While all this was occurring elsewhere, Chuck Phelps was quietly put back on the 2011 Cooperating Board of Bob Jones Universityalong with others such as Ian Paisley,  Jerry Svinsky and John Vaughn. Chuck Phelps is on the board with the current Vice-President of Operations, Marshall Franklin.  Since the current president Dr. Stephen Jones is on medical leave it is widely known that Mr. Franklin oversee’s the day-to-day duties of President Stephen Jones. Mr. Franklin has been a long-term trusted friend of the Jones family, especially Stephen Jones. Chuck Phelps’ name is right there as plain as day between Evangelist Stephen Pettit of the Pettit Evangelistic Ministries and Fundamental Church Planter Robert Packer.

2011 Bob Jones University Cooperating Board Members listed in BJU Catalog Page 254

2011 Bob Jones University Cooperating Board Members listed in BJU Catalog Page 254

Chuck Phelps was on the board when 20/20 aired.  Chuck Phelps was on the board when Brian Fuller, who has openly stated that Phelps was his mentor, denied there was a network in the IFB.   Either Brian Fuller is a huge patsy, or he is as deceptive as the rest. 

Dr. Bob Jones, III was present when the American Council of Christian Churches passed its resolution on abuse at the ACCC Annual meeting October 19-21, 2011. Immediately upon finding this out this afternoon, Chuckles called a pastor who was present and claims he voted for the resolution to be passed and asked him if he knew about this.  The pastor said he did, but then remarked,

“We disagree on whether Chuck did anything wrong.”

Phelps spent months lying to many people’s faces, he  set up a website to commit libel against a victim of rape, verbally slandered the victim all over the country, lied to the media, both lied to and about the police. Apparently this kind of behavior is ok for a Cooperating Board member of Bob Jones University. It’s apparently fine for a board member to do so, but a student would be expelled for much less. 

This same man quickly added,

“Chuck didn’t do anything to hurt Ms. Anderson.”

No one has the right to say what she feels or not feel other than Tina. No one has the right to tell people how Tina should feel toward those who did hurt her. However doing so is typical fundamentalist trope. Leaders are adapt at telling others how they should feel about things, even how long a person should grieve, etc. Chuckles did remind this that man even Phelps has acknowledged his actions were hurtful during his testimony.

Leaders!

This is a perfect example of why many of us feel free to challenge your “genuineness.” Every time you are given a chance to prove yourselves, you once again prove that you are less than sincere.  You have once again proven you are deceptive.

“Ye are of your father the devil, and the lusts of your father ye will do. He was a murderer from the beginning, and abode not in the truth, because there is no truth in him. When he speaketh a lie, he speaketh of his own: for he is a liar, and the father of it.”  John 8:44

Hat Tip Dr. Camille K. Lewis, PHD.

11-27-2012 CLARIFICATION …

The blog first found out Phelps was reinstated around November 1, 2011.  His reinstatement dates back to 2010 and was reportedly kept “quiet” intentionally, presumably based on the upcoming trial that convited Tina’s rapist.  We apologize for any confusion this may have caused regarding the timeline.

Editorial Board of the Blog

Ernie Willis Sentenced~Chuck Phelps Lies Again.

Ernie on his way to prison

On September 6, 2011, Ernie Willis was sentenced to 15 to 30 years in prison for of three counts of forcible rape and one count of felonious sexual assault of Tina Anderson.  Tina Dooley Anderson was at the time of these rapes, … Continue reading 

Was the FBFI Preachers Conference a Wolf’s Lair?

Yesterday, June 21, 2011 was the opening day of this summers Independent Baptist Fellowship of North America (IBFNA) Family Conference.  Pastor Chuck Phelps who was scheduled to speak twice on the opening day of this family conference was pulled from the Speakers Schedule.

Not so at the FBFI Conference from the previous week.  Chuck Phelps spoke at the Fundamental Baptist Fellowship International conference held at Crosspointe Baptist Church, Indianapolis, Indiana. Chuck Phelps remains the Vice-Chairmen of the FBFI.   Dr. Ed Nelson said this about Pastor Phelps at the conference.  (Ed Nelson’s full message can be heard here.)

 ”The only way you get publicity is to have somebody hate you, as brother Chuck Phelps has had, and they come up with evil reports [about you,] then you get in the papers.  And by the way, thank God he (Chuck Phelps) stood right all the way through all of this and we ought to stand with him and encourage him, but I don’t suppose newspapers here in Indianapolis write a whole lot of articles about Crosspointe.”

Someone who is very close to Tina, pointed out to Chuckles that Ed Nelson has one major problem.  He is assuming hate. Tina does not hate Chuck Phelps.

Secondly, Phelps own testimony has conflicted with nearly everything he said on his website and to individuals.  He showed arrogance and belligerence as he testified on the stand.

Nelson is reading from the same old script that, “people came up with evil reports on Chuck Phelps.”

Really, Dr. Nelson?

Guess it wouldn’t change your mind that Phelps misrepresented the situation to his congregation, lied to the congregation and to the media and the public. Phelps set it up to ship a frightened teenager across state lines to live with strangers.  Phelps in his ‘wisdom’ decided the best place for a rape victim to be sent to live was with a family who only had teenage boys.  Phelps did this to keep her pregnancy secret. Phelps did not counsel Tina’s mother to stand with her daughter against the monster in their home, and then he assisted Tina’s mother in getting rid of the ‘problem’ once again by making sure Tina was sent to live with friends of his.  Thankfully, this ended up being a good home.  Tina has repeatedly expressed that this family was good to her, and her love for them.  However, it could have just as easily gone another direction for a child who had the adults in her life putting nothing but their own selfish welfare over a young girl who was raped.  Phelps made sure that the father paid for her plane ticket out of dodge.  In doing so, Phelps insured that this degenerate rapist could walk around free for the next 14 years.  Then when it finally became public, Phelps set up a website that attempted to tear apart the credibility of a rape victim.  It appears, much of the defense teams strategy came directly from that web site.  Then it only gets better.  During last minute, ‘hail Mary,’ legal maneuvering, David Gibbs, III worked with the defense team to keep Phelps ‘copious notes’ out of the trial.  Phelps and his attorney tried to claim ‘clergy-congregant privilege.’  Problem is Phelps had breached any privilege long ago when Tina was made to stand before that congregation that October night in 1997.  If any signs of life were left in the claim of ‘clergy-congrigant’ privilege that fact that Phelps could not keep his mouth shut when he talked to numerous people, including the media.  Any chance at resuscitation was futile when Phelps chose to set up that website.  Privacy in cases such as Tina’s belongs to the victim, not the perpetrator. Besides one can’t claim privacy with something you have placed on the world wide web for everyone to see.

“…thank God he (Chuck Phelps) stood right all the way through all of this…”

Really, Dr. Nelson?

Did you forget that Ernie Willis was convicted fourteen-years later on four counts of rape, after he plead guilty on a separate count of ‘statutory rape?’  Does it not make any difference to you that Tina Anderson could have had justice sooner if Phelps had done the right thing 14 years before?

There really should be no surprise here.  Dr. Nelson has a history of standing with pastors who abuse lambs in their flocks.  Even with pastors who were convicted of nearly beating a little lamb to death. Dr. Ed Nelson along with Dr. Bob Jones III,  endorsed, “The Embrace of Grace” written by convicted felon Caleb Thompson.  Caleb Thompson is still currently incarcerated in a Texas prison for holding down a eleven-year old Hispanic boy while his brother Joshua Thompson beat the boy over 100 times according to court documents.  What did the little boy do that would cause these two Independent Baptist Fundamentalist pastors to beat the boy with two tree branches until his kidneys failed?  The boy, whose first language was not English, quoted the wrong verse in a sword drill.  More documents here.

Dr. Nelson was Jocelyn Zichtermans pastor when she was a teenager.  If you watched the 20/20 interview.  Jocelyn recounted a story of being made to stand up in front of the congregation and apologize for her sin of a sexual relationship with her teenage boyfriend while her sexually abusive father and brothers looked on from the pew.

God has a dire warning to these Shepherds who abuse His flock.

“Woe to the shepherds who destroy and scatter the sheep of My pasture!” says the Lord. Therefore thus says the Lord God of Israel against the shepherds who feed My people: “You have scattered My flock, driven them away, and not attended to them. Behold, I will attend to you for the evil of your doings.” says the Lord. —Jeremiah 23:1, 2 (NKJV)

When is it going to be that the FBFI begins to hold Phelps publicly responsible for what he has done?

Open Letter to Chuck Phelps From Robert Sheffield

“I am Cheryl’s uncle. It is I that took her in to my home in California and protected her from this abuse. I, along with my caring wife, Lauri, and my loving mother have waited fifteen years to see this man brought to justice. We tried to get Cheryl to press charges fifteen years ago but she was so afraid of her parents and the members of this church she could not do it. We have watched for fifteen years while my sister protected her perverted husband and allowed him to destroy her image among the other members of the Trinity Baptist Church in Concord, New Hampshire. Pastor Chuck Phelps is just as guilty as he knew the truth but allowed my sister and her husband to lie to the congregation and place blame on Cheryl. 

Cheryl’s molestation by her stepfather was hidden from the congregation and her reputation was destroyed by them. Cheryl was not sent away by them because she turned from God….Cheryl stayed with us against her parents desire because she was molested by her stepfather and then Pastor Phelps and my sister helped him cover it up. In this article Pastor Phelps states that he was told by

Chuck Phelps On the Stand at the Rape Trial for Tina Anderson Playing the Victim

 Cheryl’s family that state Division for Children, Youth and Families (DCYF) was involved and that the allegations were reported to the Werner police. Really? Does he not realize that telling a lie is a sin? If this were true then there would have been no reason for him to tell me on the phone, after we took Cheryl in, that he was not required to report this to authorities because of Pastor/Church member confidentiality. He was informed of the abuse approximately a year before we took in Cheryl. 

Pastor Phelps, you lie and I look forward to facing you in court also. You allowed my sister and her husband to completely destroy my niece. You protected the abuser, you preserved his reputation within your congregation and you threw the victim to the wolves. Her stepfather molested her and you, with my sister’s help, finished her off. I wonder, does your God forgive those who do not show remorse? That will have to be between you and God as I do not even begin to believe that I can judge anyone’s salvation. 

I do, however, realize that I am very good at judging remorse. You, Pastor Phelps, do not show any and Cheryl’s stepfather has never shown any either. On the contrary, for fifteen years the only thing that we have seen from my sister’s husband is arrogance. They have lied about Cheryl, he has refused to apologize, and they have continued to tear her apart with their hatred. 

My sister did not protect her daughter, No, Betty protected herself. She protected her financial future, her husband, their image among the church congregation, and she threw her daughter in the trash. Betty, you might have succeeded in fooling your fellow church members, friends, and family in New Hampshire, but I wonder, do you really believe that you have fooled the only true one who counts? Do you really believe that you have fooled God? Go ahead and continue living in your little dream world, go ahead and continue protecting the abuser and destroying the abused. 

I will go to my maker with the knowledge that I did all I could to protect Cheryl, you can go to your maker with the knowledge that you defended the abuser and turned your back on the abused, your daughter. Shame on you all for the wrong you have inflicted on Cheryl. May God have mercy on your soul’s, I will not.”

Robert Lauri Sheffield
6/10/2011 9:30pm Update:  We have been notified that Chuck Phelps is once again dissing the victim and also the veracity of her uncle.  As we here at Chuckles Travels see it, Mr. Sheffield had nothing to gain by coming forward, and but instead they have a lot to lose if they are lying.  Those of us who remember the lies Phelps posted on his website about Tina Anderson that have been disproved by his under testimony under oath in a court of law.  Now Phelps is doing the same thing to Mr. Sheffield on the same site.  Chuckles Travels will not be linking to the site.  Anyone who desires to read it, please go to Chuck Phelps website and view it there. It is Chuckles opinion that Mr. Chuck Phelps is making himself look like he has no empathy for anyone but himself with that website.