NEBRASKA CITY – The attorney for Nebraska City preacher Larry Mullins asked a district judge Monday to allow him to call prosecutor David Partsch as a witness to counter what he described as damning allegations.
Judge Julie Smith earlier ruled to allow the testimony of a girl who accused 70-year-old Mullins of sexual assault in 2009, but may have soon recanted.
Defense Attorney Robert Schaefer said the girl wrote a letter saying she was confused and saying that Mullins did not do it.
Schaefer said he wants to ask Partsch at trial if he was aware of the letter and if it was a factor in his decision not to file charges against Mullins.
He said the judge is allowing a jury to hear the girl’s allegations.
Schaefer: “This is really damning against my client.”
Judge Smith overruled the defense motion to remove Partsch as prosecutor.
She said prosecutors “have a very, very wide amount of discretion” when deciding to file charges. She said no matter what the reason Partsch had in 2009, his testimony would be irrelevant in the current case.
A March trial date was set for Mullins, who is charged with eight counts of sexual assault of a child and incest.