Greg Sakas has had his own drama in recent years with the Religious Right trying to close his store down and failing; now he's bring dragged into another soap opera...
North Carolina - from www.enctoday.com One witness containing crucial information to the defense of former Bethel Christian Academy principal Michael Fulcher [pictured] and his alleged sexual relations with a female student stands between state prosecutors and trial.
Imelda Pate, the assistant district attorney assigned to Fulcher’s case, had all assets of her case aligned to begin trial as scheduled in Lenoir County Criminal Superior Court Tuesday, but Fulcher’s attorney, David Fillippeli, did not have such a luxury.
Fillippeli motioned before Judge Paul L. Jones to have the case continued since a “material witness” necessary to Fulcher’s defense — Lisa Donias Webber — had back surgery May 24 and needed time to recover.
Fulcher, 39, of Ayden, received charges from the Kinston Department of Public Safety with three felony sex counts and one misdemeanor sex count for allegedly having sexual contact with an 18-year-old student during his time at Bethel Christian Academy from June 2007 to March 2009.
Webber, an employee at a Winterville adult entertainment store called Intimate Moments, has information that can “contradict statements made by the alleged victim” to the N.C. State Bureau of Investigation that Fulcher and his accuser visited the shop on March 1, 2009, according to Fillippeli.
Webber hand-delivered a physician’s note to Fillippeli on May 27 stating she had 20 staples placed in her back as a result of a surgical incision and would not be physically able to appear in court.
Jones issued a new court date of July 19, despite a plea from Pate, who had many of her witnesses subpoenaed in court, to proceed without the material witness.
“We have put a lot of time in this case preparing and calling witnesses and I cannot reiterate enough that we are ready to proceed,” Pate said.
Jones said he did not have a choice.
“(Fulcher) has a right to a fair trial and if they said she is a material witness, then the court has no reason but to continue until she is available,” Jones said.
In an interview with SBI Special Agent Lolita Chapman on June 3, 2009, Webber denied an allegation by the victim the two visited Intimate Moments and that Fulcher asked to fill out a form to allow the minor to be admitted to the back section, since he was the girl’s father.
Court documents state Webber said she “does not remember asking anyone to sign a paper for a child to go into the back room and does not remember an older guy coming to the store with a young girl.”
This statement also contradicts an interview Chapman and Pate had with Greg Sakas, owner of Intimate Moments, two weeks earlier on May 20, 2009. Fillippeli motioned to prohibit Sakas’ testimony May 26.
During this disposition, Sakas — not present on the date of the two’s alleged visit — said he received a call from an employee regarding a father wanting to sign a paper for his daughter to go in adult section.
Sakas said no form exists allowing minors to be granted permission to access a “back room,” and if an employee allows anyone underage in the back room, they will be terminated.
Time sheets submitted as evidence show Webber as the only employee on duty on March 1, 2009.
Chapman showed Webber a photographic lineup for Fulcher and his alleged victim after questioning and Webber could not identify either.
Webber testified the store keeps video surveillance photo, but only for a month.
The state has obtained cell phone records for Fulcher and the victim to help in proving Fulcher sent the teenager several sexual text messages pertaining to different sexual positions and fantasies.
One message the victim alleges Fulcher sent was sent a week before a trip Fulcher planned to take to Florida.
In the series of messages, Fulcher said, “he packed his Speedo,” and after the victim responded she did not want to see his body hair, she said he replied, “he shaved and she knew what he meant.”
These records may help in the state’s motion for an aggravating factor of Fulcher taking advantage of a position of trust or confidence, which may add more time to his sentence if convicted.
The defense, on the other hand, hopes to reduce Fulcher’s time by filing a motion the state dismiss a count of crime against nature against Fulcher.
Jones said Tuesday the trial will take precedence on July 19, but Pate said she may not be ready as all 20 witnesses originally subpoenaed to trial will need to be called back.
“We have not notified all of our witnesses, but we do anticipate they will be available that week,” Pate said. “If they are not, we will let the court know as soon as possible.”
