Former First United Methodist Church pastor Paige Williams and her defense attorney Bill Deatherage had a motion requesting judgment for acquittal denied Monday afternoon, via teleconference from special judge Brian Wiggins in the Muhlenberg County Circuit Court.
Deatherage and his client sought the acquittal following the lengthy and emotional March trial, in which Williams — alongside former FUMC Daycare Director Abby Leach — was found guilty on eight counts of third-degree criminal abuse (child under 12) in relation to the 2019 actions of Allison Simpson and Nina Morgan.
The jury had asked for Williams to pay a $500 fine, $62.50 per child, which is the maximum allowed by law for the misdemeanor offenses.
However, on Monday, Deatherage once again reiterated his closing statements from the trial — in which he argued that “actual custody” has yet to be clearly defined or proven in this case by the Commonwealth.
The long-time defender said the ruling of this case has a pair of long-term implications about leadership and the care of children.
Implications that could extend well beyond Williams and Leach, and into the Commonwealth’s definitions.
Special prosecutor Blake Chambers, out of Butler County, filed his response to the motion early Monday morning — and reiterated that Williams had some culpability in the matter.
Wiggins agreed to an extent with Deatherage, not wishing to minimize the importance of “actual custody” in this trial — going so far as to say that Kentucky’s appellate courts “need to provide the trial court with some guidance” on the issue.
But Wiggins stuck to the jury’s verdict, noting the group twice asked for clarification about “actual custody” before deciding on Williams’ guilt or innocence.
At this point, Williams’ “breaching of duties” essentially means she had “actual custody” of those eight children.
A general definition from case law for “actual custody” means: the physical possession, care and control over a child, whether or not such custody is exercised independently or jointly with another person.
