12/11/15

8 FINAL DOCUMENTS filed in the Closed Church case. 

Additional documents have been filed and most of the case can be seen at the Cobb County Superior Court web site.


Inmate Name: Leonard Church , Inmate Number:  814657
GDC ID:  #1001688600, DOB:  05/03/1948
Offense:  CHILD MOLESTATION
Tentative Parole Month:  No Decision
Initial Institution:  
COASTAL STATE PRISON
200 GULF STREAM ROAD 
GARDEN CITY, GA 31418
CHATHAM COUNTY
PHONE: (912) 965-6330, FAX: (912) 966-6799

POPULATION:  ADULT MALE FELONS 
CONSTRUCTED: 1981
CAPACITY: 1836  OPENED:1981
SECURITY LEVEL: MEDIUM
RENOVATED: 1999 

http://www.dcor.state.ga.us/GDC/FacilityMap/html/S_50000181.html

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12/9/15

A FINAL WORD ON KENNESAW'S PEDOPHILE COUNCILMAN

----------------------------------------

Below is from the City of Kennesaw Internet site.  Keep in mind that the various mayor and Council members statements on the matter come AFTER Pedophile Church admitted his guilt on the 6 Felony charges.

A worthless mayor and 4 useless Council members allowed this creep to sit on the dais with them from 6/27/14 until his conviction 12/7/15.  Not one of these useless excuses for public servants had the guts to stand up on their hind legs and DEMAND that this sick SOB resign his position.

Yes, all of us with connected brain cells know that he could not be forced to resign but he should have been confronted in the open at Council meetings with the mayor's and Council's demands that he resign.  The City should have been on record from 6/28/14 that he was UNWANTED on the City Council.

Now the mayor and Council members are slowly crawling out from their hiding places and whining and moaning about how they could not have done anything and they claim that they had quietly asked him to resign and he refused.

Quietly asking some scumbag in a back hallway to quit is useless, even if it did happen and I'm not sure it ever did.

What I know is that this totally useless group of elected officials not only refused to say anything in public BUT Debbie Williams came to the defense of this scumbag and her comments are on video tape and are summarized in the minutes of the Council.

This defense of Pedophile Church came after a local citizen spoke to the Council asking why they remained silent and HE demanded Church resign when the mayor and Council would not do so.

Debbie Williams subsequently resigned her seat to run for mayor and of course she lost big time, by 385 votes as I recall, and this was due in large part to her having come to the defense of Pedophile Church.

2016 finds Kennesaw with a new Mayor and 3 new people on the Council.  None of these people have the baggage of the old administration and hopefully if some similar situation comes up they will have the guts that their predecessors did not have and they would handle the issue in a direct and forceful manner.

Those elected officials departing should go into retirement throughly ashamed of their silence for all those months that they sat next to this scumbag and said nothing.

----- From The City Site -----

Special Election Will Be Held to Fill Council Vacancy

December 7th, 2015 by Pam Davis

The following statement was released by Mayor Mark Mathews following the report of the conviction of former Councilmember Leonard Church:

“Our thoughts and prayers are with anyone who may have been affected by the former Councilmember’s actions. With the announcement of Church’s plea from District Attorney Reynold’s office, a vacancy has been immediately created on our city council.  In accordance with state law and our city charter, a special election will be held in May to fill the vacant seat. As a city, we are closing this unfortunate chapter and moving forward.”


More information will be provided on the details of the Special Election in the coming weeks.

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With Councilman’s plea deal, the black clouds lift over Kennesaw

December 09, 2015 MDJ Editorial

Kennesaw City Councilman and former mayor Leonard Church is led away by Cobb County Deputies on Monday after accepting a plea bargain with the state. Church was sentenced by Cobb Superior Court Judge Mary E. Staley to 40 years with 18 years to serve in prison and the remainder on probation. Church was arrested in June 2014 on child molestation-related charges. / Staff-Kelly J. Huff

In a surprise move, Kennesaw Councilman Leonard Church, 67, pleaded guilty Monday to six counts of sex crimes against children, bringing an end to the black cloud over Kennesaw politics for the last 17 months.

The plea requires him to serve 18 years in prison. (Had a jury found Church guilty, he faced a lifetime sentence plus 100 years.) Ending this nightmare before it went to trial was the best outcome for the victim, the courts and the people and politics of Kennesaw.

Church’s plea was part of a negotiated plea bargain with the district attorney’s office that spared his victim, a 9-year-old boy, from having to take the stand.

“In this case, as in any case of this nature, it’s the state’s primary concern to keep the victim off the stand, as well as to not re-victimize the children (depicted in) the photographs,” said the assistant district attorney prosecuting the case, Hannah Palmquist.

Church would have had three fewer years to serve in prison had he not rejected the district attorney’s offer last month of a 15-year prison sentence. But for whatever reason, he turned that offer down.

It was not until the first day of the trial Monday as jury selection was set to begin that he decided to accept the terms of the harsher punishment.

In the end, the plea deal is the best course for all involved. It saves the community from a protracted trial that would have attracted the kind of negative publicity no one in Kennesaw wants. It saves the young victim from having to take the traumatizing step of testifying and potentially being painted a liar by Church’s defense attorneys. And it allows the Kennesaw City Council to move on with the business of governing the city.

After his arrest on June 27, 2014, Church’s ability to serve his constituents was severely impaired with a court order preventing him from entering City Hall through the front door, given that children are able to attend council meetings. Instead, he had to attend the meetings by entering and exiting through a backdoor. A court order required him to be separated from the audience “by a long podium” allowing him “no contact with nor interaction with audience members.”

The councilman was also reportedly quiet during council meetings, rather than arguing on behalf of his constituents. Although, even if he were to debate, his ability to make any convincing argument was overshadowed by the criminal charges.

Retiring Councilwoman Cris Eaton-Welsh repeatedly called for Church to step down while he faced the charges, a call he ignored.

“It was completely counterproductive and very uncomfortable” to have him on the council, Welsh said.

District Attorney Vic Reynolds shed some light on why Church may have not stepped down, saying it’s easier to admit murder than admit molesting a child and possessing such a large volume of child pornography. Investigators found between 800 and 1,000 images of child pornography on computer devices in Church’s home.

“I hope and pray that he was remorseful for what he’s done … whether … (his tears were) sincere or not, I can tell you he’s going to have a long time to think about it,” Reynolds said.

Following his plea deal, Church was transported directly to the county jail in preparation for transfer to Jackson State Prison. A special election for this council seat is set for May.

The dark cloud overhanging Kennesaw since Church’s arrest 17 months ago has now lifted.

For Mayor-elect Derek Easterling and new members of the Kennesaw City Council, the plea deal offers a fresh start for the New Year. With this horrifying chapter in the city’s history behind them, city leaders can carry out what they were elected to do in a positive environment free of the distractions. 

-----------------------------------------------

12/7/15

Special election to be held for Church’s Kennesaw City Council seat

by Meris Lutz

December 08, 2015

MARIETTA — The City of Kennesaw will hold a special election in May to fill the City Council seat previously held by Leonard Church, the former mayor and councilman who pleaded guilty to child molestation and child pornography charges Monday.

Church had refused to step down following his arrest in June 2014 and indictment in January 2015. His conviction leaves his seat open immediately, and just over a month after Kennesaw held municipal elections.

Mayor Mark Mathews offered “thoughts and prayers” to “anyone who may have been affected by the former Councilmember’s actions,” in a statement announcing the special election.

Janine Eveler, director of the Cobb Board of Elections and Registration, said she anticipated the special election would be held concurrently with primary elections on May 24.

“I’m glad that the whole thing is over with,” Mathews told the MDJ. He denied that Church’s presence on the council was a distraction.

“We’ve just been business as usual,” he said.

Councilmember Cris Eaton-Welsh, who has repeatedly called for Church to step down, painted a different picture of the atmosphere on the council over the past year and a half since Church’s arrest.

“It was completely counterproductive and very uncomfortable” to have him on the council, she said.

Eaton-Welsh said many people were angry that Church refused to step down, only to plead guilty.

“Why would you carry a community that you love through the darkest chapter of your life?” she asked.

City Attorney Randall Bentley said he was still researching whether Church would lose his vestment in the city’s pension plan.

Councilmen Jim Sebastian and Tim Killingsworth could not be reached for comment. Mayor-elect Derek Eastlering could also not be reached for comment.

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KENNESAW ELECTORIAL LINE UP CHANGES FOR 2016


Two years ago, the 'winds of change' started blowing for the long running Mathews administration.

The 2015 elections have finished off the remaining members and a few others for good measure.

With the Church seat now set to come up in a May 2016 Special Election the chess board of Kennesaw politics still lacks that one piece. We will just have to wait and see who takes that seat to see how calm or tumultuous the next 2 or 4 years will be.

The current 4 person City Council will not find itself deadlocked on votes as any Council tie can be broken by the Mayor casting the deciding vote.

Of the top 6 elective positions in 2015 only one will continue into the 2016 term.  

The Kennesaw scorecard so far shows:

1 City Council member resigned and failed in her bid for 
Mayor, (Debbie Williams)

1 Mayor who did not seek another term, (Mathews)

1 long standing Council member who lost the recent election, (Killingsworth)

1 Council member who did not run for another term, (Welsh)

1 Council member who lost his seat after pleading guilty to various Felony charges,  (Church)

While it is always 'possible' that a former serving Council member will run for the vacant Church seat we would remind those potential candidates that they are OUT of office for a good reason and we hope they will continue in their retirement and let another 'new face' take the Council seat this May.

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Councilman pleads guilty: Church gets 18 years in prison on molestation, child porn charges

by Meris Lutz

December 07, 2015

Kennesaw City Councilman and former mayor Leonard Church is led away by Cobb County Deputies on Monday after accepting a plea bargain with the state. Church was sentenced by Cobb Superior Court Judge Mary E. Staley to 40 years with 18 years to serve in prison and the remainder on probation. Church was arrested in June 2014 on child molestation-related charges. / 

Staff-Kelly J. Huff

MARIETTA — 

When Judge Mary Staley asked Councilman Leonard Church if he was guilty of child molestation and possession of child pornography, she was met with a long pause, followed by a shuddering inhale from the disgraced former Kennesaw mayor.

“Yes, ma’am,” Church replied through tears.

After pleading guilty to six counts of sex crimes against children on Monday, the same day his trial was set to start, Church, 67, lost his seat on the council and was sentenced to 18 years in prison.

His guilty plea was part of a negotiated plea bargain with the district attorney’s office that spared his victim, a 9-year-old boy, from having to take the stand.

A visibly emotional Church offered no words of apology or remorse during the hearing, limiting his answers to “yes, ma’am,” “no, ma’am” and “guilty.”

“In this case, as in any case of this nature, it’s the state’s primary concern to keep the victim off the stand, as well as to not re-victimize the children (depicted in) the photographs,” said the assistant district attorney prosecuting the case, Hannah Palmquist.

She then went on to describe the events leading up to Church’s indictment.

On May 9, 2014, the boy was at Church’s home in Kennesaw when Church asked him if he wanted to play videogames on his computer. Instead, Church showed the child pornography, and asked him if he liked it. He then switched to a computer card game and fondled the child.

Several weeks later, the child showed pornography to his friends, telling them that Church had shown him how to look it up on the Internet. He eventually disclosed the molestation to his mother.

A search warrant for Church’s computer was issued to corroborate the child’s story that Church had shown him pornography.

“Once the … first computer was searched, it became evident that there was child pornography on it,” Palmquist said. “When the other devices were searched, hundreds of images were located.”

Investigators also found websites and search terms that indicated Church intended to access child pornography. The images were dated as far back as 2006 and numbered between 800 and 1,000, according to District Attorney Vic Reynolds.

Church’s lawyers emphasized that most of the images had been downloaded in 2006 and deleted, and pointed to Church’s history of active civil engagement as mitigating factors.

Palmquist said the victim and his family supported the terms of the plea bargain.

Judge Staley recognized Church had “admitted his actions and accepted responsibility,” adding that the punishment handed down to him promotes public safety and spares the victim the ordeal of having “his honesty questioned” on the stand.

Church was originally charged with six counts: aggravated child molestation, child molestation and four counts of sexual exploitation of children. The aggravated child molestation charge was reduced to child molestation as part of the plea agreement. Aggravated child molestation is child molestation that results in the physical injury of the child.

Church previously turned down a plea bargain of 30 years with 15 to serve in prison. If he had been found guilty at trial, he faced a lifetime sentence plus 100 years.

Speaking to reporters after the sentencing, Reynolds said he was adamant that Church accept responsibility for his crime on the record, rather than entering a “half-baked plea” simply because it was in his own interest.

“Hopefully by what’s happened today, the parents can explain to this young victim that ‘you were believed,’ that not only did the DA’s office believe you, but everyone in the court system does now because this defendant has accepted responsibility,” Reynolds said.

Reynolds said there was a good chance, given his age, that Church would die in prison, but if he were to be released at some point in the future, he would be under strict supervision as a sex offender. The DA acknowledged the case generated a great deal of public interest, especially in Kennesaw, due to Church’s standing there as a former mayor and sitting councilman.

“It’s easier to admit a murder than it is molesting a child and possessing the volume of child pornography that he possessed,” Reynolds said. “I hope and pray that he was remorseful for what he’s done … whether … (his tears were) sincere or not, I can tell you he’s going to have a long time to think about it.”

Church was transported directly to the county jail in preparation for transfer to Jackson State Prison. A special election for this council seat is set for May.

Church was born in DeLand, Florida, but moved to Cobb County when he was 2 years old. He graduated from Sprayberry High School in 1966 before attending the Dental Technology School for two years. Church worked in the dental field for decades, opening Church Dental Prosthetics in 1987. He moved to Kennesaw in 1994 and was sworn in as mayor in 2000. In 2007, Mayor Mark Mathews ousted Church from the mayor’s seat. He ran for and won a seat on City Council in 2013.

Church has two children with his first wife. He married Karen Church in March 2013 and between the two of them, they have six children and nine grandchildren, according to a 2014 MDJ article.


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Kennesaw Councilman pleads guilty to child molestation, gets 18 years in Prison

by MDJ staff

December 07, 2015

Kennesaw City Councilman and former mayor Leonard Church is led away by Cobb County Deputies Monday after accepting a plea bargain with the State. Church was sentenced by Cobb Superior Court Judge Mary E. Staley to 40 years with 18 years to serve in prison and the remainder on probation. Church was arrested in June 2014 on child molestation-related charges. Staff-Kelly J. Huff

Kennesaw Councilman Leonard Church faces an 18-year prison sentence after pleading guilty to child molestation and other charges Monday morning as his jury trial was set to begin. .

Church, 67, a former mayor of Kennesaw, was arrested in June 2014 and charged with six counts — aggravated child molestation, child molestation and four counts of sexual exploitation of children for allegedly possessing child pornography.

The aggravated child molestation charge was reduced to a second count of child molestation as part of the plea deal.

Church was sentenced to 40 years Monday, with 18 years to serve in prison and the remainder on probation.

The Kennesaw councilman rejected a plea deal from the Cobb District Attorney’s office in November that would have seen him receive a 30-year sentence with 15 years to serve in prison.

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Former Kennesaw mayor admits to child molestation

WSB-TV (ABC) Monday, Dec. 7, 2015
COBB COUNTY, Ga. —
The former mayor of Kennesaw passed on a plea deal and admitted to child molestation charges on Monday.

Leonard Church, 67, stood before a Cobb County judge and pleaded guilty to two counts of child molestation and four counts of sexual exploitation of a child.

He is a two-term mayor who most recently served on the City Council.

Church admitted he molested a 9-year-old and exposed the child to 800,000 images of child pornography.

Channel 2’s Dave Huddleston sat in the courtroom behind Church as he received his sentence – 40 years, to serve 18.

Church will be 85 years old when he gets out of prison under strict supervision that keeps him away from all minors.

Prosecutors said Church abused the boy in the spring of 2014.

“Hopefully by what’s happened today the parents can explain to this young victim that you were believed. That not only did the DA’s office believe you but everyone in the court because this defendant has accepted responsibility,” said Cobb County District Attorney Vic Reynolds.

Church was offered a plea deal two months ago but rejected it. The sentence is severe but it’s a sentence that prosecutors and the victim’s family said provides justice.

An election for Church’s council seat will be held in May.

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  Leonard Church trial to start Monday; 



defense faces difficult balancing act

by Meris Lutz

MDJ Article of December 05, 2015 

Leonard Church

 MARIETTA — Kennesaw Councilman Leonard Church’s defense team will have to convince jurors that he is innocent of sexually molesting a 9-year-old boy and possessing child pornography without appearing to go after the alleged victim, several defense attorneys who are unconnected to the case told the MDJ.

Church’s trial is scheduled to begin Monday, when Cobb Superior Court Judge Mary Staley is expected to deny a motion submitted by the defense to compel the prosecution to hand over copies of certain evidence.

Church, 66, a former mayor of Kennesaw, was arrested in June 2014 and charged with six counts — aggravated child molestation, child molestation and four counts of sexual exploitation of children for allegedly possessing child pornography.

Defense attorneys who have represented clients accused of sex crimes against children said the prosecution will likely center its case around the testimony of the boy and the evidence collected from Church’s computers.

The defense could try to undermine the prosecution’s timeline, which Church’s lawyers have already indicated they intend to do. They could also attempt to show that Church was unaware of the child pornography prosecutors say was stored on his computers, or argue that the child was coached or somehow influenced to make his accusation.

However, focusing too hard on the boy could backfire.

“You can’t go after a kid, the jury is going to hate your guts,” said Jill Polster, an attorney with the Cohen Law Firm in Atlanta.

She said often there was not much to be gained through cross examination of a child witness, but some attorneys choose to ask the child seemingly innocuous details in an attempt to discover inconsistencies, such as asking them to recall details of the room where the alleged abuse took place.

John Garland of Garland, Samuel & Loeb in Atlanta, said strict guidelines exist for forensic interviews with children because deviation could bias the testimony.

“The child may in fact believe it’s true” even if it’s not, he said. Rather than accuse the child of lying, he said, a good defense lawyer would highlight external factors that could have influenced the child by asking questions such as “isn’t it true that this person was disciplining you? Isn’t it true that your mother had just caught you watching porn when you said that?” At a hearing last month, Church’s lawyers suggested a similar tack, arguing they needed more time to examine a PlayStation on which the child was allegedly caught viewing porn.

Attorney Kevin Pratt of Atlanta said when working with young children he would talk to them about their imagination.

“Try to show that he was told a story and that he’s just retelling that story,” he said, adding that the defense could also question the motives of the first person the child reported the abuse to.

The prosecution, led by Assistant District Attorney Hannah Palmquist, will not rely solely on witness testimony, however. Polster said the child pornography allegedly found on Church’s computer would be seen to substantiate the child’s accusations.

“If they find him guilty of child porn, they will convict him on the other charges,” she said. “That’s an uphill battle on that defense.”

Garland said the case could hinge on the analysis of the devices taken from Church’s home. He said details such as whether the contraband was in the search history or downloaded, how it was downloaded and whether it was buried in a larger file or mislabeled could all help put distance between Church and the images.

“There has to be a detailed analysis of how the images ended up on the computer, and who had access to the computer,” he said. But the window of plausible deniability was narrow, he suggested.

“All they have to prove is you had it and you knew about it,” he said.

Judge Staley has ruled that hundreds of images investigators say they found on devices belonging to Church could be admitted as evidence.

Before any arguments, lawyers for both sides will have to find unbiased jurors, which could be difficult given Church’s status as a public figure.

“There’s that extra scrutiny on it, so you have to worry about taint of the jury pool,” said Garland, but added: “You would be surprised at how many people will say ‘never heard of him.’ Some people just don’t ever look at the news.”

Pratt said, handled correctly, Church’s involvement in civic affairs could play well with the jury, but bringing his character into play would open the door for the prosecution to do so as well.

“If he has no criminal history … absolutely you bring it out and you might even try to make it political,” he said.

Pratt said in cases like Church’s, the jury will want and expect him to take the stand, even though they are instructed not to hold it against the defendant if he does not.

“If he doesn’t deny it, the question becomes why not,” he said.

Church and his attorneys, Reid Thompson and Jimmy Berry, did not return calls for comment. The DA’s office declined to comment on specifics.

__________________

12/4/15
What comes after the Church trial?
A reply on this topic from the Office of the Attorney General and also look at this referenced cite which is to long to post here  http://law.ga.gov/opinion/2014-1-0 :


Dear Mr. Harris:

The Attorney General has referred your email, copied below, to me for response. 

Our office’s authority is limited to providing legal advice and representation only to our clients within state government, and we cannot do so for private citizens. 

Therefore, I cannot give you any legal advice in response to your question.
However, I have copied below O.C.G.A. § 45-5-6.1, a portion of Georgia law which I believe is responsive to your inquiry. You will see that O.C.G.A. § 45-5-6.1(b) provides that if a public office is convicted of any felony, then that official is suspended from office by operation of law. That suspension might be lifted later if a conviction is overturned on appeal, but in the meantime a temporary replacement may be designated in accordance with the appropriate legal authority. Here is a link to an opinion of the Attorney General, 2014 Op. Att’y Gen. 2014-1, which addresses the operation of this statute and another statute that provides what may happen when an official is indicted, but prior to any trial or conviction. http://law.ga.gov/opinion/2014-1-0.

I hope this information is helpful in addressing your question.

Sincerely,
Dennis R. Dunn
Deputy Attorney General

45-5-6.1. Suspension and vacation of office of public officials convicted of felonies.

(a) As used in this Code section, the term "public official" means any elected county officer; any elected member of a county governing authority; any elected member of a city-county consolidated government; any member of a county, area, or independent board of education; any school superintendent of a county, area, or independent school system; any solicitor-general of a state court; any elected member of any municipal governing authority; any member of the Public Service Commission; and any district attorney.

(b) Upon initial conviction of any public official for any felony in a trial court of this state or the United States, regardless of whether the public official has been suspended previously under Code Section 45-5-6, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Code section, he shall not be entitled to receive the compensation from his office. If the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immediately reinstated to the office from which he was suspended and shall be entitled to receive any compensation withheld under the provisions of this Code section.

(c)(1) For the duration of any suspension of any elected member of any municipal or consolidated city-county governing authority under this Code section, a replacement officer for the public officer suspended shall be appointed as provided for in any general law, local law, ordinance, or resolution governing the filling of a temporary vacancy in the public office affected. For the duration of any suspension of any other public official under this Code section, a replacement officer for the public official shall be appointed as provided for in any applicable general or local law governing the filling of a temporary vacancy in the public office affected. If no such general law, local law, ordinance, or resolution governing the filling of a temporary vacancy is applicable, then the Governor shall appoint a replacement officer for the public official suspended.

(2) Upon the final conviction, the office of the public official shall be vacated immediately without further action. Said vacancy shall be filled in the manner provided by law for filling vacancies in such office.

(d) The provisions of this Code section shall not apply to any conviction rendered prior to January 1, 1987.
(Code 1981, 45-5-6.1, enacted by Ga. L. 1986, p. 600, 3; Ga. L. 1996, p. 748, 26.)


From: <Harris20@aol.com>
Date: December 3, 2015 at 9:46:59 PM EST
To: <AGOlens@law.ga.gov>

Subject: Filling vacant City Council seat

Mr. Sam Olens
Attorney General
State of Georgia

On Dec. 7th the trial for a sitting Kennesaw Councilman starts for his 6 Felony Pedophile charges.

Assuming that he is found guilty, will you please advise as to how he will be removed from office.

Bill Harris
Citizen Journalist
http://leonardchurch.blogspot.com/

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 12/4/15

THE STATE OF GEORGIA v. LEONARD CHURCH

The State via ADA Palmquist has now filed an 18 point 'Supplemental Disclosure' in reply to the Defense request for Discovery.

The items include:

Detective Notes

Supplemental Reports

Phone records for Church

CV's of 5 Prosecution Witnesses

Photos of Playstation Recovery

____________________________________________________

Davey Crockett

Just now · 

CBS 46 NEWS TV COVERAGE APPROVED FOR CHURCH TRIAL

In addition to the Cox Enterprises (WSB/AJC) request for TV and Audio coverage of the Leonard Church trial, Judge Staley has also approved the application for CBS Atlanta's News Division to place a camera, tripod and audio equipment in her courtroom. The MDJ also has received an approval for similar coverage.

See Superior Court document of 11/23/15 at:

PDF.js viewer

IMAGES.COBBSUPERIORCOURTCLERK.ORG

LAWYERS FOR ACCUSED PEDOPHILE LEONARD CHURCH

Have filed a series of last minute motions hoping to delay the Monday Dec. 7th trial of accused Pedophile and Kennesaw Councilman Church.

11/20/15  Motion for Continuance (Later denied by Judge)

11/23/15  Motion to Compel Production of evidence

11/23/15 Motion to Compel Production of evidence and find OCGA 17-16(a)(3)(B) Unconstitutional on its Face

11/23/15 Motion to Compel Production of evidence and find OCGA 17-16(a)(3)(B) Unconstitutional on its Face as applied to Defendant

_____________________________________

DA’s office signals refusal to hand over child porn evidence to Leonard Church’s attorneys

by Meris Lutz

December 03, 2015

Leonard Church

MARIETTA — The Cobb District Attorney’s office is standing firm in its refusal to hand over copies of certain evidence to attorneys representing Kennesaw Councilman Leonard Church, saying the evidence contains child pornography.

Church has been indicted on charges of molesting a 9-year-old boy and possessing hundreds of images of child pornography, according to the prosecution. His trial is scheduled to begin Monday.

On Nov. 23, Church’s attorneys, Jimmy Berry and Reid Thompson, filed a motion asking the court to compel the state to produce a “written forensic analysis report … (based on a) forensic scientific test of computers and media storage devices recovered from the Defendant’s home.”

The motion said the state has “declined to provide Defendant with copies of all discovered materials,” arguing that this amounted to a violation of Church’s right to effective counsel, fair trial, due process and equal protection under the law. 

Assistant DA Hannah Palmquist filed a response two days later, stating the law criminalizing possession of child pornography does not include an exception that would allow defense counsel and witnesses to possess the material. “… There is no prejudice to the Defense in this case since they have personally viewed the forensic reports at the District Attorney’s Office,” the response reads. “They have also been expressly invited on multiple occasions to come to the District Attorney’s Office to further inspect the printed version of the exhibits of the forensic reports that the State intends to enter into evidence at trial.”

The response added that all devices have and will continue to be available for an expert of the defense’s choosing to analyze.

Speaking at a hearing in November when Church’s legal team announced its intention to file the motion, Palmquist said child pornography is “kept under lock and key in evidence.”

“We’re not going to go around handing disks of exploited children committing sexual acts against their will to defense attorneys who we have no idea what security they will keep on it,” Palmquist said.

Cobb Superior Court Judge Mary Staley said at the time that she would side with the state on the question of whether the defense should receive copies of evidence containing contraband, as she has in similar cases. 

Staley is expected to rule on the motion Monday before the start of the trial.

Last month Church rejected a plea deal that would have allowed him to serve 15 years in prison. Church has been indicted on six counts — aggravated child molestation, child molestation and four counts of sexual exploitation of children related to the possession of child pornography. If convicted of all six counts against him, he faces a maximum sentence of life in prison plus 100 years, according to Kim Isaza, district attorney spokesperson.

--------------------------------------------------------------------------------

12/1/15
CHURCH TRIAL STARTS MONDAY DEC. 7TH



Although the run up to this trial has been very subdued things are about to change.

Superior Court Judge Mary Staley, on 11/23/15 approved the WSB-TV "Request To Install Recording and/or Photographing Equipment" to cover the trial.

WSB-TV is part of the Cox Media Group which includes the AJC, the TV station and 5 radio stations.  Prior filings with the Court have been for similar coverage by the MDJ.

It is extremely unfortunate that the other elected City officials did not publicaly go on record and demand that accused Pedophile Leonard Church resign from his position on the City Council.

Now the City of Kennesaw will be exposed to national bad publicity for having a sitting Council member and former 2 term Mayor on trial for 6 Felony counts of crimes against children and probably the on the record comments of one former City Council member coming to his defense will also be brought up.

I and other concerned residents have repeatedly brought up the lack of action by the mayor and Council in not demanding he resign.  One council member pm'ed me that he had been asked and he refused to resign.  Asking this low life to resign in some back room or hallway was worthless, the entire City administration should have demanded in public that he quit.  We are well aware that he could not be forced to resign, but the lack of action by publicaly demanding he quit is going to be a major black eye for all Kennesaw residents.


As usual the mayor and Council were tone deaf to the concerns of the Citizens and at least in the case of one Mayoral candidate her defense of Pedophile Church played a part in her not being elected by a considerable margin in her run for Mayor.

11/25/15

THIS MOTION WAS DENIED:

Judge Staley: No delay in trial for Leonard Church

by Meris Lutz  November 24, 2015 

Leonard Church

Mary Staley

MARIETTA — Kennesaw Councilman Leonard Church is still scheduled to stand trial on charges of child molestation Dec. 7 after a Cobb County judge on Monday denied a request from Church’s attorneys to delay the trial.

Superior Court Judge Mary Staley was not persuaded by the defense’s argument that it had insufficient time to examine certain evidence that could help its case.

Church was not present at Monday’s hearing. His attorney, Reid Thompson, said the defense was requesting a continuance in order to allow its expert to examine a Sony PlayStation used by the alleged victim in the case, a nine-year-old boy.

Church, a former mayor of Kennesaw elected to the City Council in 2013, was indicted in January on one count of aggravated child molestation, one count of child molestation and four counts of sexual exploitation of children for possessing child pornography.

Last month, Staley ruled that hundreds of pornographic or erotic images involving children, as well as incriminating search histories, that investigators say they found on computers belonging to Church could be admitted as evidence.

On Monday, the defense did not address the charges relating to child pornography.

Instead, Thompson suggested data collected from the PlayStation could call into question the timeline of events and accusations and “May be extremely exculpatory evidence for us to use at trial.”

Thompson also said his team had been unable to view files that had been copied to a Blu-ray disk.

Assistant District Attorney Hannah Palmquist countered that the defense had plenty of time to examine the PlayStation and other evidence but waited until two and a half weeks before the trial start date to file a request for delay.

“This is information that has been available to them since March,” Palmquist said. “This delay and this time crunch that they now have before trial is their own doing.”

She said that her office had gone “above and beyond” by attempting to copy some evidence to a Blu-ray disk, when the law only required that the evidence be made available for inspection. She ascribed the defense’s inability to access the disk to “user error,” noting that she had successfully opened the same disk herself.

Palmquist also responded to Thompson’s statement that he intended to file another motion to compel the prosecution to hand over additional evidence citing a similar, pending case that challenges the constitutionality of the discovery process in regard to child sexual exploitation.

“Child pornography is kept under lock and key in evidence,” Palmquist said. “The defense is welcome to — themselves or an expert — come to our office at any time, look at it, evaluate it, analyze the original devices at the police department. They have literally the same access to it that I do. We’re not going to go around handing disks of exploited children committing sexual acts against their will to defense attorneys who we have no idea what security they will keep on it.”

Judge Staley sided with the prosecution that the defense had sufficient time to review the evidence.

“I think it’s a stretch to say that the case would hinge on this,” Staley told Thompson, referring to the data that could be pulled from the PlayStation. “The defense has had notice that a PlayStation was involved since March 2015; this case has been specially set for a substantial period of time, and I do not hear any argument … that I find compelling to grant a continuance, so I’m going to deny the motion for continuance.”

The Dec. 7 date for Church’s trial was decided on Aug. 21.

Staley added that she would also side with the state that child pornography is contraband and therefore should only be made available to the defense in a locationsecured by law enforcement.

Church has been out on bond since his arrest in June of 2014 and continues to serve on the Kennesaw City Council. 

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Judge denies continuance for Kennesaw councilman and former mayor charged with child molestation

Duffie Dixon, WXIA12:50 p.m. EST November 23, 2015

KENNESAW, Ga. -- A judge has denied a continuance for a former Kennesaw mayor and current city council member charged with molesting a young boy.

11Alive's Duffie Dixon learned just over a week ago Cobb County District Attorney Vic Reynolds offered Church a plea deal. If Church pleaded guilty to two counts of child molestation he would be sentenced to 30 years in prison, but serve just 15. Church declined that offer.

Church is accused of molesting a nine-year-old boy back in June of 2014.  Cobb County Police said the victim told his parents Church showed him pornography and then molested him in the suspect's Dreux Court home.

Next door neighbors say several Cobb County police officers showed up at Kennesaw City Councilman Leonard Church's home on Dreux Court around 1:30 or 2 a.m. Friday, June 27, ,2014 and spent some time there.

"I think everyone was really surprised," neighbor Celine Esmer told 11Alive.  "It's something we never really expected from him, especially because his grand kids are always here and, you know, he's a nice guy...so it was shocking," she added.

According to his biography on the city of Kennesaw website, Church was elected mayor in 1999 and served two terms. He was appointed to city council last year. He is also a real estate agent and owns his own business, Church Dental Prosthetics.

Church remains a city councilman despite the fact that many in the community including fellow council members have asked him to resign. He has one year left on his term.

Church has six children and nine grandchildren. If convicted, he faces life in prison plus 100 years.

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11/22/15

Kennesaw councilman should resign for good of city

November 22, 2015 MDJ

With the election of a new mayor and three new council members, the city of Kennesaw is poised to enter the New Year with a slate of leaders excited about the future.

But a dark cloud continues to hang over the city ever since Councilman Leonard Church was arrested last year and charged with molesting a 9-year-old boy and possessing hundreds of images of child pornography on his computers.

Last week, Church rejected a plea deal from Cobb District Attorney Vic Reynolds that would have allowed him to serve 15 years in prison. If convicted on all six counts, he faces a maximum sentence of life in prison plus 100 years.

We leave it to the jury to decide his fate (his trial is scheduled for Dec. 7 with Cobb Superior Court Judge Mary Staley presiding), believing everyone deserves his or her day in court and that he remains innocent until proven guilty.

Yet while the legal process unfolds, life in Kennesaw goes on and the matter of having a sitting councilman facing such serious charges is a distraction that tarnishes Kennesaw’s reputation.

Church’s ability to serve his constituents has been severely hampered. A court order prevents him from entering City Hall through the front door, given that children are able to attend council meetings. Instead, he attends the meetings by entering through a backdoor … and exits the same route.

Cobb Magistrate Judge Frank Cox’s order states Church must be separated from the audience “by a long podium and would have no contact with nor interaction with audience members.”

Since his arrest, Church has been reportedly quiet during council meetings, failing to debate the issues of the day. But even if he were to hold forth, his ability to make any convincing argument is overshadowed by the criminal charges he faces.

These limitations make it hard for him to be effective for his constituents or the city as a whole.

Residents have angrily asked council members why they have failed to take action, yet it’s important to note the city charter ties the mayor and council’s hands. The charter allows for removal from office if an official moves out of the city, misses four consecutive meetings without permission or is convicted of a felony, but unless that conviction occurs, they are powerless to act.

Still, there is nothing preventing the council from evaluating a policy change going forward to avoid the type of circumstance it finds itself in.

Mayor-elect Derek Easterling made just this suggestion during a candidate forum in October when he said what was needed was language in the bylaws “just like we have in the police department and in other positions throughout the state … that if you are charged … you may not carry out your duties. You’re on administrative leave or in some other function.”

Easterling went on to say, “Be a man and step down. That’s what I would have done. I would have stepped down and taken the focus off of me, off of Kennesaw, and let the city do (its) job.”

Residents themselves have far more power over Church with a recall effort available to them, and with recall efforts launched against Cobb County officials in the past for such reasons as installing a cellphone tower on school property, it is curious why such a movement hasn’t materialized.

Church, who grew up in Cobb County and graduated from Sprayberry High School, served two terms as mayor before his defeat by Mark Mathews. He was elected to the City Council and took office in January 2014.

His public service suggests he does love his city.  If that is true, he would resign from office, get his personal affairs in order and let Kennesaw move forward without this distraction. 

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11/21/15

Church’s attorneys seek to delay trial: Judge to rule on request on Monday morning

by Ricky Leroux

November 21, 2015 12:34 AM |

Kennesaw City Councilman Leonard Church sits at the defense table in Cobb County Superior Court Judge Mary Staley's courtroom Thursday with his attorney Reid Thompson as he listens to information in a motions hearing as to his indictment on six counts involving child molestation and child pornography. Staff/Kelly J. Huff

MARIETTA — Attorneys for Kennesaw Councilman Leonard Church have requested his trial be delayed to allow time for an expert to analyze a piece of evidence in the case, a request the Cobb District Attorney’s office opposes.

Cobb Superior Court Mary Staley is expected to hear arguments from both sides at 9 a.m. Monday.

Church, a former mayor of Kennesaw who was elected to the City Council in 2013, was indicted in January on six counts — aggravated child molestation, child molestation and four counts of sexual exploitation of children for possessing child pornography. His trial is scheduled to start Dec. 7.

Church’s attorneys — Jimmy Berry and Reid Thompson — filed a “motion for continuance” with the court on Friday. In the motion, the attorneys argue that the trial must be delayed to allow time for an expert to examine a Sony PlayStation gaming system, which is being considered as evidence in this case.

According to the motion, the expert the defense hired has “expressed deep concern” that technicians with Cobb police would not have enough expertise to examine the PlayStation because “proper analysis is lengthy and takes a level of technical knowledge that the State’s technicians may not possess.”

As a result, Church’s attorneys request the trial be delayed to give time for the expert to examine the PlayStation.

“It is the position of the defense that the data contained on the Sony PlayStation may very well be the most important evidence of the upcoming trial,” the legal filing states.

Cobb DA Vic Reynolds said after he found out about the request to delay on Friday, he attempted to get a judge to rule on the request the same day. A hearing was scheduled for 1:30 p.m. with Judge Staley, but after the court was unable to contact Church’s attorneys, the hearing was rescheduled for Monday morning, Reynolds said.
In a response to the delay request, Assistant DA Hannah Palmquist, who is prosecuting the case, states that the PlayStation has been available for Church’s attorneys or an expert to review since March.

“Should the defense wish to now retain an expert to independently analyze the PlayStation, the device is available to them at any time for that purpose. The State asks that the court require the Defense to have an expert complete the analysis in the time available before the scheduled trial date of Dec. 7, 2015,” the motion states.

At a hearing Oct. 22 to decide whether certain pieces of evidence would be admissible against Church, Palmquist said investigators found hundreds of images of child pornography on computers belonging to Church. Staley ruled at that hearing that the evidence is admissible on a preliminary basis, meaning it could still be challenged by Church’s attorneys later.

Last week, Church rejected a plea deal from the DA’s office that would have seen him receive a 30-year sentence with 15 years to serve in prison and the rest on probation. According to the DA’s office, Church faces a maximum sentence of life in prison plus 100 years if convicted of all counts.

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11/13/15

Davey Crockett

Just now · 

CHURCH REJECTS PLEA DEAL

Accused Pedophile City Councilman Leonard Church has rejected a plea deal offered by the Prosecution.

The deal was for a 30 year sentence with 15 years to serve.

The trial is set to start Dec. 7th

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Kennesaw councilman rejects plea deal in child molestation case

by Ricky Leroux

November 13, 2015 07:05 PM | 

Leonard Church

Vic Reynolds

MARIETTA — Kennesaw Councilman Leonard Church, who has been indicted on charges of child molestation and possession of child pornography, rejected a plea deal from the District Attorney’s office Friday, the DA’s office reports.

Under the terms of the deal, Church would have received a 30-year sentence with 15 years to serve in prison and the rest on probation, according to Kim Isaza, spokesperson for the Cobb DA’s office.

During an October hearing, prosecutors said Church had hundreds of images of child pornography on his computers, and that a 9-year-old boy reported that Church allegedly showed him pornography and molested him in May 2014.

Church has been indicted on six counts — aggravated child molestation, child molestation and four counts of sexual exploitation of children related to the possession of child pornography. If convicted of all six counts against him, Church faces a maximum sentence of life in prison plus 100 years, according to Isaza.
Plea deals are offered in a vast majority of criminal cases in the county, Cobb DA Vic Reynolds said, especially in cases involving children.

“You want to give all the parties involved some attempt to resolve a case short of taking up court time to try the matter in front of a jury,” Reynolds said. “In cases when you have an alleged child victim who’s going to have to testify, you want to take some opportunity to try to resolve it so that doesn’t have to happen. … In the end, it’s the defendant’s choice to either accept the plea or not. And they have a constitutional right to a jury trial, and we intend on making sure his constitutional right is met in this case.”

Reynolds said if a defendant accepts a plea deal, he or she is accepting responsibility for what they have been accused of. When this happens, the sentence can be reduced somewhat to reflect this acceptance of responsibility. However, if the case proceeds and a jury decides a defendant is guilty, any possible reduction in sentence for accepting responsibility goes “out the window,” he added.

Though plea deals generally offer less of a sentence than what a judge could impose, Reynolds said the punishment must still be substantial.

“It has to be enough punishment that even with an acceptance of responsibility, the punishment level is great enough to make sure of a couple of things: one, that the individual is punished for what he or she did; two, that other people who see that realize that if they do this type of behavior, there’s going to be a certain level of punishment involved; and three, to make sure that the community realizes that this behavior won’t be tolerated.”

Church’s trial is scheduled to begin Dec. 7 with Cobb Superior Court Judge Mary Staley presiding.

Calls made to Church and his attorney, Jim Berry, were not returned by press time.

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11/5/15

Davey Crockett

1 min · 

KENNESAW COUNCILMAN CHURCH DEC. 7TH TRIAL - EXPECT A MEDIA CIRCUS

Additional documents from the end of October are now posted at the Superior Court site.

Kennesaw is about to get quite a lot of unwanted publicity and it won't all be local coverage the request is to allow 'pooled coverage'.

One media outlet has filed with the Superior Court:
"The undersigned desires to install photography and a reporter's digital voice recorder equipment in the following locations: Cobb County Superior Court Judge Mary Staley's courtroom, room 7100 . . . the personal who will be responsible for the installation and operation of this equipment during its use are: Marietta Daily Journal Reporters and Photographers."

You can look at individual documents via the direct links below.

REQUEST TO INSTALL RECORDING AND PHOTOGRAPHY EQUIPMENT

http://images.cobbsuperiorcourtclerk.org/web/viewer.html…

PLEA AND ARRAIGNMENT
http://images.cobbsuperiorcourtclerk.org/web/viewer.html…

SUPPLEMENTAL DISCLOSURE
http://images.cobbsuperiorcourtclerk.org/web/viewer.html…

DEFENDANT STATUS SHEET
http://images.cobbsuperiorcourtclerk.org/web/viewer.html…

ENTRY OF APPEARANCE
http://images.cobbsuperiorcourtclerk.org/web/viewer.html…

MAGISTRATE COURT DISCLOSURE STATEMENT
http://images.cobbsuperiorcourtclerk.org/web/viewer.html…

NOTICE OF STATE'S INTENT TO PRESENT EVIDENCE OF OTHER EVIDENCE OF OTHER ACTS PURSUANT TO OCGA AND IN AGGRAVATION OF PUNISHMENT
http://images.cobbsuperiorcourtclerk.org/web/viewer.html…

DISCLOSURE STATEMENT
http://images.cobbsuperiorcourtclerk.org/web/viewer.html…

STATES DEMAND FOR WRITTEN NOTICE OF DEFENDANTS INTENTION TO OFFER A DEFENSE OF ALIBI
http://images.cobbsuperiorcourtclerk.org/web/viewer.html…

STATES DISCOVERY DEMANDS
http://images.cobbsuperiorcourtclerk.org/web/viewer.html…

PDF.js viewer

IMAGES.COBBSUPERIORCOURTCLERK.ORG

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11/4/15

TIME FOR OUR KENNESAW LEGISLATORS TO GET THEIR REAR ENDS OFF THEIR CITY PAID LEATHER CHAIRS AND DEMAND THAT PEDOPHILE CHURCH RESIGN FROM THE COUNCIL

3 weeks ago a new set of documents were filed on the Superior Court site.  At that time they were not 'published' (ie: for some reason they didn't come up on the site).  Now they are up and available and you can read them by clicking on the direct links below.

I have said since June 27, 2014 that the City Council/mayor should publically DEMAND that this accused Pedophile resign from the Council.

I get back pm's that they had tried and he refused.  That he can't be 'forced off' the council.

Of course he can't be FORCED to resign but you on the Council have let all of us down by not standing up on your hind legs, looking him in the face and telling him that he is a disgrace to the City and he SHOULD resign.

Quietly asking him in some back hallway if he would resign is entirely unacceptable and it counts for NOTHING at all.

A major reason that Debbie Williams lost her bid for Mayor was that she stood up for this asshat and made some stupid statements about him deserving a fair trial.   No one at City would publically ask him to quit. 

No one has ever said he should not get a fair trial.  

The Joe and Jill Sixpacks living here in Kennesaw simply want him off the Council.  Anyone with any integredy would have resigned 18 months ago.  If he is found not guilty he can run again for office.

I will quote from the first document:
"The above named Defendant stands accused of Aggravated Child Molestation, Child Molestation and Sexual Exploitation of Children.  Pursuant to Uniform Superior Court Rules the State serves notice to the above named Defendant that the State shall seek to intoduce evidence of other acts, and other acts where the evidence is relevant to demonstrate the defendant's motive, opportunity, intent, knowledge, modus operandi, and absense of mistake."

NOTICE OF STATE'S INTENT TO PRESENT EVIDENCE OF OTHER EVIDENCE OF OTHER ACTS PURSUANT TO OCGA AND IN AGGRAVATION OF PUNISHMENT

http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCR-20150122315.PDF

DISCLOSURE STATEMENT
http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCR-20150121172.PDF

STATES DEMAND FOR WRITTEN NOTICE OF DEFENDANTS INTENTION TO OFFER A DEFENSE OF ALIBI
http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCR-20150121171.PDF

STATES DISCOVERY DEMANDS
http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCR-20150121170.PDF

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10/25/15

Davey Crockett

Just now · 

KENNESAW COUNCIL MEMBER - SORRY HONEY YOU ARE 18 MONTHS LATE TO THE BALL

I see that a spirited discussion is going on at the FB page of Ms Welsh.

She and Debbie Williams are in a cat fight about our Pedophile Councilman Leonard Church, you know the guy that will soon be getting a nice 20-25 year govt paid vacation at one of our nice Ga. institutions for criminals.

Anyway, I don't like either of them (Welsh or Williams) but I can't let pass one self serving statement found on the Welsh FB thread where she says:
"“I publicly and formally request Mr. Church not only refrain from attending any more public meetings but immediately step down from his position and deal with his private matter privately.”

Hey honey, where were you 18 months ago when this Pedophile got arrested for those 2 initial Felony charges. Where were you when a local citizen stood up at a Council meeting and asked all of you why you were not demanding Pedophile Church resign?

All you clowns on the City Council and mayor Mc Cheese should be totally ashamed of yourselves for your lack of interest and your year and a half of burying your heads in the sand. None of you are worthy of being mayor or on Council.

All of you were, are and will continue to be a disgrace to the City for your lack of action.

I give none of you any credit at all for claims that you asked him to resign and he refused. You certainly did not do this in public and whispering to him in some back room counts for absolutely nothing. Of course he would not resign then.

What you needed to do was stand up on your hind legs at a Council meeting and look the sleeze bag in the face and tell him that he was a disgrace to everything and everyone in the City and NONE OF YOU DID THIS.

Even when a Legacy Park citizen asked in a Council meeting why you didn't demand his resignation, all he got was a stupid lecture from Council member Williams as to her support for Pedophile Church.

Debbie Williams has no business being mayor and Ms Welsh, I can only say to you that you came to the party far to late and thank God you are not going to be on the Council next year.

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 10/22/15 

  Prosecutors: Kennesaw Councilman had hundreds of pieces of child porn
by Ricky Leroux October 22, 2015 MDJ

Kennesaw City Councilman Leonard Church sits at the defense table in Cobb County Superior Court Judge Mary Staleys courtroom Thursday with his attorney Reid Thompson as he listens to information in a motions hearing  as to his  indictment on six counts involving child molestation and child pornography. Staff/Kelly J. Huff

MARIETTA — Prosecutors say Kennesaw Councilman Leonard Church had hundreds of pieces of child pornography on his computers, and on Thursday, a judge ruled that those images could be admitted as evidence against him.

Church, a former mayor of Kennesaw, was indicted in January on six counts — aggravated child molestation, child molestation and four counts of sexual exploitation of children for possessing child pornography.

After hearing from both sides, Cobb Superior Court Judge Mary Staley ruled the evidence is admissible on a preliminary basis, which means the evidence inclusion in the trial can still be challenged by Church’s attorneys later.

Hannah Palmquist, an assistant district attorney with the special victims unit, said Thursday in court the case started when a nine-year-old boy reported that Church allegedly showed him pornography and molested him. After obtaining a search warrant, investigators found more than 300 child pornography images and about 100 pieces of “child erotica” images, which Palmquist described as sexually suggestive images that are not illegal but are sexually suggestive, on a computer that reportedly belonged to Church.

On the same computer, investigators also found a link to a book on Amazon.com titled “Erotic Innocence: The Culture of Child Molesting,” Palmquist said. Investigators also found child pornography on two other computers that reportedly belonged to Church, according to Palmquist, as well as evidence that someone using the computers visited or searched for child porn websites.

The prosecution wants this evidence to be included in the trial against Church because it would be misleading to the jury if they were only presented the four pieces of child pornography he was indicted on,” Palmquist explained.

“When it comes to the child pornography counts, we just selected four, instead of presenting a 200-count indictment, which we could have done in this case,” Palmquist said, adding, “The state has to overcome the defenses in this case or the other alternate theories. The alternate theories we would expect to have to overcome are ‘a computer virus did it,’ or ‘Someone else did it,’ or ‘It was an accident, he didn’t mean to navigate to a child pornography website.’ Things like that. It’s certainly misleading for the jury to only see only four images we have charged in the indictment and think, ‘Oh, that was all that was on his computer.’”

After Palmquist provided the legal reasoning behind admitting this evidence, Jim Berry, Church’s attorney, conceded that the arguments she presented were all correct and true, but said the defense has not seen any of the evidence, nor has the DA’s office given them dates when these images were allegedly downloaded.

“According to the law, we have to give them any alibi prior to trial, and it would be impossible for us to be able to do that unless we know what evidence they’re going to put in, specifically what images and what dates those images were downloaded, otherwise we are hamstrung from the stand point of an alibi situation,” Berry said.

Berry said he wants the court to provide this information for each piece of evidence Palmquist sought to include in the trial. However, Palmquist said the evidence can’t be released because it is child pornography, but it is available for Church’s attorneys to view if they come to the DA’s office and inspect them there.

Additionally, Palmquist said the DA’s office is not able to put dates on most of the evidence because it was deleted from the computers but recovered by forensic investigators. 

After Thursday’s hearing, both Church and his attorneys declined to comment for this story.

Church’s trial is scheduled to begin Dec. 7. 

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 9/16/15

CITY OF KENNESAW VIDEOS OF COUNCIL MEETINGS

Now that the 'silly season' is once again upon us and folks are running for various offices, it might be a good time to mention that City Council meeting of 6/15/15 where a Citizen grilled the mayor and Council about why they had not asked accused Pedophile and Council member Mr. Leonard Church to resign from the Council.

You can see the half hour meeting at: http://www.kennesaw-ga.gov/city-council-videos/ and if you wanted to fast forward to the section at 6:26 to 17:39 you can watch our merry band of artful dodgers slip and slide around the question of why they have not publically requested Church to resign while facing 6 Felony sex charges.

And if you want to remain on the site another 5 minutes you can watch our former council member Ms Debbie Williams spend 3 minutes defending pedophile Church and his 'right' to a fair trial. All this when no one had said he should not get a fair trial, only that Church should be asked by the Council to resign.

This Ms. Debbie Williams is now running for mayor and it makes you wonder why you would bother to vote for her given that she is so shy and retiring that she can't ask a Pedophile to remove himself from the City Council while his 6 Felony charges are disposed of.

Seen's to me that the allegations of Church 'stroking' a boys penis, showing him porn and having 3 sexually explicit photos of girls and one of a boy on his computer isn't enough grounds to publicly ask that Councilman Church resign. If you want to run for mayor or council you should know that the City of Kennesaw demands that it's 'leaders' actually lead. We do NOT have that at present and we certainly won't have it if you elect Ms. Williams as Mayor.

The Church trial is set for Dec 7th.

City Council Videos - City of Kennesaw

KENNESAW-GA.G

9/2/15
CHURCH ORDERED TO GO TO TRIAL

After months of foot dragging Judge Mary Staley has finally 'SPECIALLY SET' Dec. 7, 2015 as the date for the Church trial, with motions to be heard on Oct 16th.

7/2/15

MINUTES OF MAYOR & CITY COUNCIL MEETING

CITY OF KENNESAW

Council Chambers

Monday, June 15, 2015 

XVII. PUBLIC COMMENT/BUSINESS FROM THE FLOOR

6:37 PM Floor Open to Public Comments

ANTHONY DePAOLA (Legacy Park Resident): He is a military veteran and believes in public service. He asked why council member Leonard Church, who was arrested a year ago on charges of child molestation, is still in office. Does the Council support this
because for someone to sit there and make daily decisions for the City who has been charged of this kind of thing is unacceptable.

Mayor Mathews said he and the Council do not have the power to remove Councilmember Church from office. This is a City manager form of government and the elected officials do not make daily decisions for the City or have authority over employees except the City Manager and City Clerk.

City Attorney Bentley added he has researched the laws related to a Council member resigning at the City Council’s request. Council members must be found guilty of a felony charge that relates to the performance of their duty to be forced out of office.

You fought based on our Constitution and we are also following the Constitution.

Mr. DePaola asked why Mr. Church has not resigned.

Council member Williams said she took an oath and swore to uphold the laws of the City and State, therefore everyone is given their day in court and are presumed innocent until proven guilty. She will not circumvent the laws and will not take that right from Mr. Church from having his day in court.

6:45 PM Floor Closed to Public Comments
  ==================================

 6/24/15

6/16/15

TIME FOR THE SUPERIOR COURT TO MOVE THIS CASE ALONG

June 16, 2015

Judge Mary E. Staley

Cobb County Superior Court

70 Haynes St.

Marietta, GA. 30090

RE:  Case #159964 - State v. Leonard Church

I am writing to you regarding a criminal matter which is before your Court. I do not expect a reply to my input on this pending matter, however, as a resident of Kennesaw I have an opinion, not of guilt or innocence, but on the length of time the matter seems to be lingering without any activity.  

The Court's internet site last shows activity in this case as of 4/2/15 with an 'Order Granting Leave' for an attorney.

On June 27th last year our former Mayor and current City Councilman, Mr. Leonard L. Church, was arrested on 2 serious Felony charges involving a child. Later, after a computer was inspected, 4 additional Felony charges were added. 

Mr. Church remains, not only free on bond, but continues to serve on the local City Council and matters do not seem to advance on these 6 serious Felony counts. 

I understand that those unable to post bond are normally given precedence over those out of custody and awaiting trial, however, due to the apparent lack of activity, as shown by the Internet record of the proceedings, some of us wonder if this matter is being ignored due to the prior position held by the defendant and his current service on our Council. 

I believe that the matter needs to move forward towards whatever its eventual conclusion will be. 

The Citizens of Kennesaw and Cobb County are not presently being well served by continued delay in this matter. 

Sincerely yours, 

Bill Harris

P O Bx 

Kennesaw, Ga 30156

Will Council ask Church to resign?

From the MDJ Letters Column 6/18/15

DEAR EDITOR: 

On Monday, a Kennesaw resident asked a simple question at the City Council meeting. He wanted to know why the City Council had not asked for the resignation of Leonard Church due to his arrest a year ago on two child molestation charges and a subsequent arrest on four counts of sexual exploitation of a child. A total of six felony charges going back to 2006, with a possible sentence of 125 years.

Rather than getting any answer, he got some drivel about how Church was entitled to a ‘fair trial’ and from another person how the city could not force Church to resign.

No one I know, or have heard from, has even said anything about Church not getting a fair trial and we have acknowledged that he cannot be forced off the Council.

The question remains unanswered at that meeting and unanswered in my two communications on this topic with the four on Council.

Here it is again: “Why has the Council not asked Leonard Church to resign?”

As a follow up, I would then ask: “Will you now make that request?” 

Bill Harris 
Kennesaw 

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Link to Video 11 Alive (NBC Atlanta):  http://www.11alive.com/story/news/local/kennesaw/2014/06/27/leonard-church-child-molestation/11472803/

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Kennesaw resident: Have you asked Church to quit?

by Hilary Butschek

June 16, 2015 12:01 AM

Anthony Depaola, an Army veteran and Kennesaw resident who is a student at Georgia Highlands College in Rome, speaks to the Kennesaw City Council on Monday night, asking for Councilman Leonard Church to resign.
Staff-Hilary Butschek

KENNESAW — A resident asked City Council on Monday why Councilman Leonard Church, who was arrested last year on charges of child molestation, is still in office.

The council also debated the matter of eliminating their city benefits during the meeting.

Addressing the council, Kennesaw resident Anthony Depaola, an Army veteran and student at Georgia Highlands College, asked “Why has Mr. Church not resigned?”

Church was indicted on charges of aggravated child molestation, child molestation and four counts of sexual exploitation of children in January after police say a 7-year-old boy told his parents Church showed him pornographic materials on a computer and molested him.

A trial is expected to begin by the end of the year, District Attorney Vic Reynolds has said.

Church has declined to answer questions about the matter since his arrest on June 27, 2014.

Mayor Mark Mathews told Depaola he would answer all of his questions, but that he could not direct questions to Church.

“Have you asked him to resign?” Depaola asked. “It looks like to me that you guys are in full support of this. For someone to sit there and make daily decisions for our city that has been charged of this kind of thing is unacceptable.”

City attorney Randall Bentley said he has researched the laws related to a council member resigning at the City Council’s request. Council members must be found guilty of a felony charge that relates to the performance of their duty to be forced out of office, Bentley said.

“You think what he did has no effect on his job?” Depaola asked. “You guys are all morally OK with it? It’s just like life goes on as normal. Let’s sweep it under the rug like nothing ever happened.”

Mathews said he and the council don’t have the power to remove Church from office.

“There are no penalties that we can do to each other. We can’t do anything to each other,” Mathews said.

During the discussion, Church looked at Depaola, his head resting on his hand, no expression on his face.

Councilwoman Debra Williams also responded to Depaola’s comments.

“We can sit up here and judge everyone by our own moral standards. That doesn’t make it right. The man that sits to my right (Church) has his day in court. He has that right, and I will not take that right from him,” Williams said.

After the meeting, Kennesaw resident June Wick said she agreed with Williams.

“I believe everyone deserves their day in court,” Wick said.

Kennesaw resident Joe Bozeman said he also believes Church deserves to stay on the council until his trial.

“In my opinion, he has the duty to stay on the council,” Bozeman said.

Read more: The Marietta Daily Journal - Kennesaw resident Have you asked Church to quit 

 Comment · 

• 

  Davey Crockett 
• 
  
• My Comment is that those who stuck up for Pedophile Church have their head in the sand. The guy has been bent since at least 2006 when he had porn showing little girls 'genitals' on his computer, this was when he was Mayor, advance this to now and he has moved on to stroking a 9 yr old boy's penis. What next, dig up his basement and see what you find there?
  
  Disgusting that people blather on about a 'fair trial', all we want is him OFF the City Council, then he can have his trial, then his appeal then he can go and start serving his 20-25 years.
  
  Kennesaw is poorly served by the current mayor and poor excuse for a City Council.
  
  Probably the next step is to demonstrate at City Hall Council and Work sessions.

epol | 4 Hours Ago

Ms. Williams,

It is not your decision about whether confessed child molester church gets his day in court. YOU of course have done not one thing to even criticize a man who admits to molesting children. You and Chrissie Welch are sanctimonious hypocrites who defend child molestation and do nothing to rid the city of this disgusting human. There are many things you could do to ostracize Church but you do NOTHING ! You like working with him is the only conclusion any citizen can make.

You disgust us the people who vote, and YOU both should be removed from office along with Church.  YOU could lead a recall election!

Ryan Blythe | June 16, 2015

It is very frustrating that we are approaching the one year anniversary of these felony charges and Councilmember Church remains a powerful vote towards polices that will affect the communities residents and businesses. If Mr. Church had simply resigned to focus on his defense we would be in a much stronger position. Instead his stain has become a major distraction and is hurting the reputation Kennesaw has earned as a family friendly destination. 

Due to the power of Search Engines both marketing and optimization people around the nation have read about his legal trouble. A single dollar not spent in Kennesaw because a family or business decides not to relocate here is enough reason for an immediate resignation. Far more pressure needs to be sent from Kennesaw leaders both elected and in the private sector.

Hacks vs citizens | 8 Hours Ago

The fact of the matter is that Leonard Church was indicted by a grand jury on charges of molesting a child, if memory serves. Having confidence in the grand jury system and the Cobb District Attorney, and little confidence in Mr. Church, who seems to be a professional small time politician who can't stay away from spending MY money and who, even though his judgement is completely in question continues to make policies affecting thousands of families and businesses....it would be acceptable if Mr. Church would resign his position and allow an honorable man or woman to take his place. 

Notwithstanding all the grandiose indignation of Debra Williams (another small time politician spending my money)....it's been a year. If Church was any kind of a man, he would do the right thing and resign to focus on his defense. But hey, he needs that health insurance, right? Wonder if Viagra is covered for the council. I'm sure it is. And next they'll be building their own $400,000 gym.

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(Misc Info:  Contact blog author via:  computer201@hotmail.com)

To:                                                                                                                                June 15, 2015

___  C. Welsh, Councilmember

___ T. Killingsworth, Councilmember

___ D. Williams, Councilmember

___ J. Sebastian, Councilmember

Leonard Church and his continuing tenure on the Kennesaw City Council 

June 27th is the one year anniversary of the past Mayor and Currently serving City Councilman's arrest for 2 Counts of Child Molestation for the May 9, 2014 actions which took place at his Dreux Court home in Kennesaw.

In the 5/9/14 Count 1, Aggravated Child Molestation charge, he is said to have touched, rubbed and stroked a 9 year old child's penis, causing injury and physical pain to the child. 

In the 5/9/14 Count 2, Child Molestation charge, he is said to have showed the child pornographic material on a computer at his home.

These actions led to his 6/27/14 arrest and further investigation by the Cobb Police Dept. resulted in 4 additional counts of Sexual Exploitation of Children.

Count 3 dates from Oct. 19, 2006 and says that he possessed material depicting a minor female engaged in sexually explicit conduct by exhibition of the child's genitals,

Count 4 dates from Oct. 23, 2006 and says that he possessed material depicting a minor female engaged in sexually explicit conduct by exhibition of the child's genitals,

Count 5 dates from Nov. 15, 2006 and says that he possessed material depicting a minor female engaged in sexually eplicit conduct by exhibition of the child's genitals, 

Count 6 dates from May 15, 2014 and says that he possessed material depicting a minor male engaged in sexually explicit conduct by exhibition of the child's genitals.

On Jan. 8, 2015 the Grand Jury Indicted Church on these 6 counts. The State recommended no bail for Mr. Church, however, bail was set at $20,000.

The actions of Mr Church, over these 8 years, both while Mayor in 2006 and last year as Councilman are so serious that the Citizens of Kennesaw are being poorly served by Mr. Church's remaining on the City Council.

The Kennesaw City Council needs the services and attention of all 5 of its Council members, not 4 members and one distracted by the possibility of Pedophile convictions which may result in sentences of 125 years in prison. 

While Mr. Church is ably represented, and entitled to the presumption of innocence, the Citizens interests must also be served.  The City administration's continued indifference in this matter is not in the best interests of the orderly administration of local government or the safety of our residents and their children. 

A correspondent relates to me in an email of 6/10/15 as follows:  

"I spoke to some city council members on the phone this morning. They gave me the hands our tied, blah,blah,blah. One in particular was seeming as if Mr Churchs charges were all hear say." 

While it is to late for the City to 'get in front of' this issue you should be aware that this Fall the matter will be in the news again for either the trial or plea bargain and the resulting press reports will not be favorable to the City if they continue to report that a 'former mayor and serving Council member' is facing 125 years in prison on Pedophile charges.  It would be somewhat better if reports referred to a 'former mayor and City Council member'.  Either way such reports will give Kennesaw a black eye but having such references say 'former' are better than saying:  'currently serving'.

All the filed Superior Court documents and press reports are available at:  http://leonardchurch.blogspot.com/

The 4 City Council members, mayor, City Manager and City Attorney are asked to immediately take up this matter and ask Mr. Church to resign from the Kennesaw City Council so that the City can fill the remainder of his term in the coming November elections. 

                                                                                                                             Bill Harris, Kennesaw

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KENNESAW CITY COUNCILMAN CHURCH, STILL ON COUNCIL 11 MONTHS AFTER ARREST FOR 6 CHILD MOLESTATION CHARGES.

6/12/15

On 6/27/15 it will be one year since former Mayor and serving Councilman Mr. Church was arrested for child molestation, later 4 more charges, all Felony, were added when various photos were found on his home computer.

Despite these charges:

• 1 Count Aggravated Child Molestation, 5/9/14 
• 1 Count Child Molestation, 5/9/14
• 1 Count of Sexual Exploitation of Children, 10/19/06
• 1 Count of Sexual Exploitation of Children, 10/23/06
• 1 Count of Sexual Exploitation of Children, 11/15/06
• 1 Count of Sexual Exploitation of Children, 5/15/14

he continues to serve on the Kennesaw City Council.

The other 4 Council members, the mayor and City Attorney seem to have done absolutely nothing in this matter, they continue to serve beside him on the dias.  

At the very least I and other citizens would have expected that the mayor and Council would ask him to resign while the charges are pending.

This goes back to what I have said for years:  there is no leadership on the Council or in the City Administration.  They all continue to duck and dive and avoid the issue.

In the coming election we have a chance to elect a new Mayor and 2 Council members, I hope we can find at least one person who the City can look to for leadership.  

Now we have no leadership in Kennesaw.

The below 9 pages are new to the blog site, some documents are not published on the Court web site and you have to go in person to the Court and pay fifty cents a page.  At the end of the blog site you will find an additional 17 pages of Court filed documents.

Below are the 9 items with held from the Superior Court web site.

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======================================= 6/8/15

No date set for city councilman’s trial
by Ricky Leroux April 25, 2015 04:00 AM | 2014 views 

Kennesaw City Councilman Leonard Church’s case was pushed back Friday after both Church’s attorney and the District Attorney’s office asked the case be continued, according to the DA’s office.

Church, also a former mayor of Kennesaw, was indicted by a Cobb grand jury in January on charges of child molestation and sexual exploitation of children.

Church’s case was scheduled Friday for a “calendar call,” a monthly proceeding where a judge asks the attorneys for a status update on each case, but his case was continued at the request of both attorneys. No future hearings have been scheduled, according to Kim Isaza, spokesperson for Cobb DA Vic Reynolds’ office.

Comment:

K Property Owner | April 25, 2015
Can we please get this matter resolved? Dragging Kennesaw's name through the mud for an even longer period of time. Church please resign.

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Below are various press reports on this issue, following these MDJ articles you will find 17 Superior Court documents dealing with the matter at the very end of the blog site plus these can also be found on the Court web site. http://www.cobbsuperiorcourtclerk.org/courts/ 


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Kennesaw Councilman Church arrested on child molestation charges

by Haisten Willis

June 27, 2014 02:23 PM | 3116 views | 1  | 20  |  | 

Leonard Church

download Leonard Church's Warrant 14W5730-1

KENNESAW — Kennesaw City Councilman Leonard Church, the city’s former mayor, has been arrested on child molestation charges, according to Cobb Police Officer Mike Bowman.

Detectives say a male juvenile told his parents that Church allegedly showed him pornographic materials and molested him at the councilman’s home, located at 2618 Dreux Court in Kennesaw.

Church, 66, was arrested at 2:50 a.m. and charged with two counts of felony child molestation. He is being held without bond in the county jail.

City attorney Randall Bentley said he learned of the charges this morning.

Regarding any plans the City Council may take, Bentley said, “I really don’t know. I think right now it’s under investigation.”

Bentley referred all questions to the Cobb Police Department.

Kennesaw Mayor Mark Mathews said in an email that, “From the city's perspective, we were extremely saddened to hear of the charges and ultimate arrest of council member Church. This is a very sensitive, active and ongoing investigation being conducted by Cobb County PD and their Crimes against Children Division.”

Like Bentley, Mathews referred questions about the investigation to police.

“Our thoughts and prayers are with the family members of as well as the victim,” Mathews wrote in his email.

Church lives in the Westover subdivision, just across Kennesaw Due West Road from Kennesaw Mountain High School. No one answered the door when an MDJ reporter stopped by the house Friday, but Church’s next door neighbor described the scene of his arrest early that morning.

“When we got outside there were cars and detectives,” said Celine Esmeir, a 16-year-old Kennesaw Mountain High School student who has lived next to Church for 10 years. “They weren’t police officers, they had SUVs.”

According to Esmeir, Church has several grandchildren, many of whom often could be found at his house.

“His first wife died, but he remarried, and I think it might have been her kids’ kids,” Esmeir said. “There were always kids at his house, little kids. All of them were relatives, I don’t think there were ever kids that weren’t relatives there.”

Esmeir described Church as a friendly neighbor, but said the family did not know him very well. She said Church’s brother knocked on her front door around 10 a.m. Friday looking for him, and she briefly thought Church was missing.

Esmeir described the allegations as “shocking.”

“Things have happened before to people close to us who have done things that are a little shocking,” Esmeir said. “But for it to be your neighbor — child molestation has got to be the worst thing, in my opinion, that you can do.”

Though Church lives in the city of Kennesaw, the case is being handled by Cobb police to avoid any signs of a conflict of interest, according to Bowman.

Bowman said the case started when the victim made a disclosure Thursday night and it’s unknown if there are other victims at this point.

Reached by phone, Kennesaw Councilman Jim Sebastian said Friday morning he hadn’t heard news of the arrest. Sebastian said he saw no indication Church was capable of the acts he’s charged with.

“Our relationship has been fine, normal,” he said. “You caught me wordless on that one.”

A graduate of Sprayberry High School, Church has worked in the dental field for 45 years. He was first elected mayor of Kennesaw in 1999, serving two terms. He was elected to the City Council in November 2013 and took office in January 2014.

Church and his wife, Karen, share six children and nine grandchildren. His city biography lists his job as a real estate agent with Clear Summit Realty.

Anyone with information about the case is asked to call (770) 801-3470.

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ParticleMass

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3 Hours Ago

when will the city come clean about all the details behind this arrest. they know a lot more than they are saying!

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Warrant No. 14-W-5730 Case No. 14-054237

CRIMINAL WARRANT

MAGISTRATE COURT OF COBB COUNTY

GEORGIA, COBB COUNTY

Warrant No. 14-W-5730

Police Case No. 14-054237

Personally came J V Harder who makes oath before a Magistrate of this Court that Leonard Leroy Church (hereinafter called the accused) AKA: did, between 5/8/2014 at 08:00 AM and 5/10/2014 at 08:00 AM at 2618 Dreux Ct, Kennesaw in the County of Cobb, Georgia, commit the offense of CHILD MOLESTATION FELONY(F) violating O.C.G.A, Section 16-6-4(a), for that said accused did perform an immoral or indecent act to, or in the presence of, or with a child under the age of 16 years, with the intent to arouse or satisfy the sexual desires of either the child or said accused to wit: the accused showed the 9 year old victim pornographic material on a computer at the accused home; between 5/8/2014 at 08:00 AM and 5/10/2014 at 08:00 AM at 2618 Dreux Ct,Kennesaw in the County of Cobb,Georgia, commit the offense of CHILD MOLESTATION FELONY(F) violating O.C.G.A, Section 16-6- 4(a), for that said accused did perform an immoral or indecent act to, or in the presence of, or with a child under the age of 16 years, with the intent to arouse or satisfy the sexual desires of either the child or said accused to wit: the accused stroked the 9 year old victim's penis; and affiant makes this affidavit that a warrant may issue for the arrest of the accused.

Affiant: J V Harder
Badge No. cc1567

Sworn to and subscribed before me, this 27th day of June, 2014.

Kennesaw builds wall around Church

by Sarah Westwood

July 17, 2014 04:00 AM | 776 views | 0  | 16 

Kennesaw City Councilman Leonard Church cuts an evil eye at the camera at Wednesday night’s city council work session. Church has been charged with child molestation and this is the first meeting he has attended since the alleged incident.
Staff/Jeff Stanton

The front row at the meeting, normally set aside for visitors in attendance, was blocked off during the planning meeting.

KENNESAW — The council member and former mayor accused of molesting a nine-year-old boy last month attended his first work session at City Hall since his arrest.

Leonard Church, 66, remained silent for most of the two and a half hour meeting Wednesday, speaking up only once to decline comment at the session’s close.

Unlike during previous meetings, a makeshift wall composed of 21 chairs sealed the council off from the public.

A Kennesaw police officer said the barricade was a “preventive” measure that had nothing to do with Church’s presence.

The remaining four council members addressed issues from proposed parking improvements at Swift-Cantrell Park to a new youth leadership program, declining to comment on their fellow councilman’s legal troubles.

“We’re just handling our business,” said Councilwoman Debra Williams.

Councilman Tim Killingsworth said he did not know of any special reason why Church had attended the evening’s work session.

Several residents who said they turned out for the city’s closure of Lewis Street would not comment on the councilman’s case.

Church himself declined to answer questions after Mayor Mark Mathews drew the meeting to a close, responding to inquiries with: “No, thank you.”

Mathews also avoided questions about the councilman’s status.

“I’m happy to answer any questions related to any of the agenda items discussed at tonight’s meeting,” Mathews said.

In last year’s election, Church unseated then-Councilman Bruce Jenkins.

Jenkins described the feelings among Kennesaw residents since the charges were brought against Church as “extremely hurt.”

“They hurt for the child. I think they’re hurt for the fact that another sad occurrence has occurred in the city when we’re doing so many positive things — so many wonderful things are happening in our city — that this occurred in our leadership,” he said.

“We continue to await District Attorney Reynolds’ investigation outcome and support the results from that investigation, and we pray for the young child that he is being cared for, and that everything is proceeding with his care and wellbeing, and all we can do at this point is await on the end result of that investigation.”

Jenkins said the city’s charter states that in order for a council member to be removed from office, he or she must either be convicted of a felony or miss four called meetings of the mayor or mayor pro tem.

He said it is a crime against all of humanity when children are hurt.

“There is nothing stronger in our hearts and minds than our children, nothing, and nothing stings closer to any community than when their child is in jeopardy or in harm’s way,” Jenkins said.

“Nothing comes closer to that, so we’re at this point awaiting the outcome of Mr. Reynolds’ investigation, and we pray for the child, we also pray for Councilman Church that his actions are not found in this warrant, but if they are, then (Reynolds) needs to take aggressive steps to protect the city. We’ve had to just wait. When that broke on Friday — I think it was a Friday — no one saw this in any way shape or form coming. This has just left a lot of people stunned. Stunned and sad.”

Police arrested Church at 2:50 a.m. June 27. According to the sheriff’s records, he was released from the county jail on a $10,000 bond, paid for through A 24 Hour Bonding in Marietta, the morning of June 28.

A bond condition order obtained from magistrate court indicates Church cannot drink alcohol, change his address without notifying the court or “linger in any location at which children under the age of 16 are present.”

The order, dated June 27, says Church is required to submit to random drug and alcohol tests and is under supervision of the county’s pretrial release agency.

Kim Isaza, spokeswoman for the DA’s office, said prosecutors had not yet received Church’s case from investigators. She said it can take as long as 30 to 45 days for a case to reach her office.

Once prosecutors are given a felony case, they will prepare it to go before a grand jury, who would need to return indictments in order for the case to proceed to trial.

The district attorney’s office can wait up to two years to indict a case. 

Kennesaw councilman indicted on charges of child molestation

by Philip Clements

January 09, 2015 03:05 PM | 6200 views | 12  | 59

Kennesaw City Councilman Leonard Church, 66, was indicted on charges of child molestation and sexual exploitation of children on Thursday. There is a $20,000 bond set for his release. Charges were first brought against him in June.
Staff-Kelly J. Huff

MARIETTA — Kennesaw City Councilman Leonard Church was indicted on six counts involving child molestation and child pornography Thursday.

Cobb District Attorney Vic Reynolds said if Church is found guilty on all counts, he faces a maximum sentence of 125 years and a $400,000 fine.

The counts include aggravated child molestation, child molestation and four counts of sexual exploitation of children.

“He has turned himself in at the jail and he has a $20,000 bond,” Reynolds’ spokeswoman Kim Isaza said Friday.

Reynolds recommended against allowing a bond to be set.

“We believed that the charges are serious enough to the point where if there is a bond set, it should be made by the judge who has the case assigned to her after hearing evidence as to whether or not not we think he’s any risk of committing another offense,” Reynolds said.

Cobb Superior Court Judge Robert Flournoy set Church’s bond at $20,000.

Church, 66, was charged with child molestation June 27 and has never commented publicly on the charges, despite having regularly attended council meetings since his arrest.

Kennesaw Mayor Mark Mathews said the city is consulting with legal counsel but believes Church will be allowed to attend council meetings if he posts bond.

Former Kennesaw City Councilman Bruce Jenkins, who was defeated by Church in the 2013 election, said he is “extremely appalled” by the indictment of someone in the city leadership.

“At the beginning of this case, I asked for the community not to rush to judgment until all evidence was brought forward to the DA’s office and the grand jury,” Jenkins said. “With today’s indictment return, I cannot see any way possible that Mr. Church should or can maintain his position as a city council member of Kennesaw.”

Detectives say a seven-year-old boy told his parents Church allegedly showed him pornographic materials on a computer and molested him at the councilman’s home.

Officer Mike Bowman, spokesman for Cobb police, said the case started when the boy came forward June 26 about the alleged incident.

According to the indictment, Church is accused of being in possession of at least four images depicting minors engaged in sexually explicit conduct, resulting in the four counts of sexual exploitation of children.

Police confirmed they searched Church’s computer to gather evidence of the possession of child pornography.

“The sexual exploitation counts concern themselves with material that we allege that we found on his computer of a sexual nature concerning children,” Reynolds said.

The grand jury also alleges Church, on or about May 9, showed the seven-year-old boy pornography and molested him, resulting in the counts of child molestation and aggravated child molestation.

“On the aggravated child molestation and the molestation counts, those concern themselves with allegations of sex acts with that child,” Reynolds said.

Reynolds said while it’s obviously a difficult time for any family that’s been involved in such a case, the boy’s family is “holding up well.”

“Our victim witness advocates will constantly be in touch with them and walk them through the process,” he said. “Ultimately, if the case goes to trial, then we will have whomever we need ready and prepared to testify.”

Mathews said the city is saddened for everyone involved.

“Regardless of where you live, anytime allegations and charges such as this arise, there is nothing positive that can come from it,” Mathews said.

MOVING FORWARD

Reynolds said his office typically has an arraignment set within a two- to three-week time period following the indictment.

“That arraignment date is his opportunity to step into a court and enter a plea,” he said. “Ninety-nine percent of the time, people enter a not guilty plea on arraignment.”

He also said Church’s defense attorneys are expected to file a motion for discovery, meaning a request for all of the evidence the prosecution has against Church.

Reynolds said after the arraignment, the next date will be a motion date, which will be set up within a 30 to 45 day timeframe after arraignment. After motions are heard, a trial calendar will be set up by April or May. The case will be heard by Superior Court Judge Mary Staley.

“Our goal, once we indict a case, is to try our best to have it tried within that calendar year,” he said. “So our goal is to have this case disposed of sometime in 2015.”

Reynolds said his office would anticipate a jury trial if Church pleads not guilty.

“He has constitutional rights, one of which is to enter a plea of not guilty and demand a jury trial,” he said. “If that in fact happens, then the state will be prepared, we will present the evidence and we’ll let a jury decide this case.”

Reynolds said he didn’t think it was necessarily more difficult to indict a public official he knows, but that doesn’t mean it was easy.

“I think disappointing is the word that comes to mind first, rather than difficult,” he said.

Church’s attorneys did not respond to calls for comment.

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Citizens

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January 12, 2015

For to long there are women and men who are serving in elected positions. Many think that since they are elected they can do no wrong; do whatever and want to get away with it; or want the whole thing to die down. I feel it is wrong fo anyone to take this position; to much is going on in our world and in this city we call Kennesaw. There are a lot of men and women who want to see that the city is operating correctly and those who best can do it never get the opportunity. Division is wrong and it needs to right. No elected official can please everyone but what they can do is be upfront, be honest and be willing to tell the truth about things in general. While Kennesaw is old and many are hanging on to old traditions; if it is to survive it is now time to wipe away what has made it look so bad in years gone by. Kennesaw cannot afford to have anyone serving in an elected position(s) who has been charged with crimes; they must hold any public office or be in chamber with those others elected officials. We all have now been put in the world eyes where an elected council has been indicted on charges that mankind will no longer accept form anyone those types of acts against children or teens. We all need to be standing tall and telling the former Mayor Church that it shame our city and it shame us as Kennesaw as a public to have him stay. We all agree that he needs to fight, fight hard the battle of what he as been indicted on but do so out of the city public office and eyes. He nor any of us can take back what the Grand Jury has decided and it is indeed improper to have a sitting council to remain on payroll and to serve in public office while he is indicted!

Reply

sirwinston1941

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January 10, 2015

Sad for our children, city, council members as well as the Kennesaw Mayor, Mark Matthews. Where does this city go from here? Where does the council members go as well. We all should be smart and carful as we speak about this matter no matter how we may feel or what we think. I do think this "Grand Jury" has the facts and seen the proof or they would not indict the councilmen. To much and for to long this type of stuff happen, right under our own nose and it is either that we are uncomfortable speaking about it or want it to be known that this happen to our daughter, son, wife etc., in fact, it should never happen. It is time that the seating Kennesaw Council have Councilmen Church to step down immediately and he should not be paid since he has been lawfully indicted of those counts he has committed. I agree with the city of Kennesaw citizens, we cannot stand and watch things of this nature happen regardless of who you are and what title you hold, generally you are merely just like any of us. Kennesaw Councilmen members, Mayor and anyone else; Councilmen Church has to go!

Reply

Happy Heart

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January 10, 2015

As the former Mayor and his present seat as a council member how do you think this case would not be in the public eye if he stepped down? I agree he needs to step down and stay out of council's chambers during their meetings. "Let's say this even if you didn't do this and can prove you didn't your time is coming. "But for now you're an embarrassment to the rest of your team/council members. I would step-down out of respect for the Mayor and other Council members. Thank you.

Reply

anonymous

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January 10, 2015

Praying he gets what he deserves & if there are others out there (which more than likely there are) that they come forward !! It is beyond sick that any child have to go thru this !! For those saying "if he's guilty"....why would a man (or anyone for that matter) have child port on their computer? Kennesaw should have removed him when the allegations came out. Just goes to show you never know who you are dealong with. I hope he stays behind bars the rest of his life....he is a waste to society !!

Reply

Bill in Kennesaw

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January 10, 2015

CHURCH SOON TO BE OFF KENNESAW CITY COUNCIL

I expect that if Councilman Church won't resign that the Gov. will suspend him.

When the office becomes vacant Bruce Jenkins will most likely file to run for the open seat which was his before he lost to Church in Nov last year.

Since 3 years remain on the Church seat it will require a special election, not an appointment by the Mayor, probable cost to Kennesaw taxpayers of about $20,000.

Church had initially been considered to be in the anti-mayor faction, however he was usually voting with the mayor and Killingsworth.

Jenkins is definitely 'anti' mayor and if elected the lineup will be 4/1 against the mayor on the City Council.

B. Harris

Kennesaw

Reply

Bill in Kennesaw

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January 10, 2015

HOW IS A SUSPENSION FROM OFFICE IN GEORGIA ACCOMPLISHED?

A 2/7/14, 7 page letter by Ga. Atty General Mr. Olens gives details on how suspension of Georgia office holders is done and cites various sections of the Organized Code of Georgia Annotated. (OCGA 45-5-6)

See the Code information at: http://law.justia.com/codes/georgia/2010/title-45/chapter-5/45-5-6

or see the Olens letter at: http://media.cmgdigital.com/shared/news/documents/2014/02/16/SamOlensLetter.pdf

Disgusted mom

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January 09, 2015

Take him off of city council and off the street! If you see him out you need to hold your children close! Pathetic coward

Reply

Joey Jo Jo Jr

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January 09, 2015

There should be no bond, no hope of release. Lock him away for good to keep children safe. This is a despicable human being who deserves the very worst.

Castration? maybe.

Reply

Red TabbyCat

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January 13, 2015

If he's guilty, yes absolutely.

Please Mr Church

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January 09, 2015

Mr Church, as a long time Kennesaw resident we are begging you to please step down and handle your personal issue in private. If you truly loved Kennesaw you would address these issues out of the public eye.

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Dave Z

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January 09, 2015

Unless he's not guilty.

Unless

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January 09, 2015

Stepping down and taking time to take care of his issue in private doesn't mean he admits guilt, it means he should handle his issues outside of the public eye...that is all.n charges of child molestation 

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5/25/15

Kennesaw Councilman Church OK to attend City Meetings

by Hilary Butschek

January 14, 2015 04:00 AM | 4600 views | 5  

Leonard Church

KENNESAW — Days after Kennesaw Councilman Leonard Church was indicted on charges of child molestation, he is allowed to attend a work session meeting of the Kennesaw City Council tonight.

Church turned himself in to jail Friday after being indicted by a Cobb grand jury on charges of child molestation and sexual exploitation of children.

The indictment came down Thursday, and Church spent less than three hours in jail Friday. He turned himself in at about 12:30 p.m. and was out on a $20,000 bond by 3 p.m., according to jail records.

He made bond with the help of Marietta-based A 24 Hour Bonding Co., according to jail records.

Cobb Superior Court Judge Robert Flournoy allowed Church to post bond, despite Cobb District Attorney Vic Reynolds’ recommendation the councilman and former mayor be held in jail without bond.

Church, 66, was indicted on six counts: one count of aggravated child molestation, one count of child molestation and four counts of sexual exploitation of children.
Bruce Jenkins, the former councilman who was unseated by Church in 2013, said he held his judgment on the charges against Church for six months. Now, he recommends Church resign from his post. 

“We all stood by you when we waited for the facts, the facts are in,” Jenkins said. “I have utmost respect for Mr. Vic Reynolds. … He knows when he has a case that is warranted to be presented to the grand jury. And then they indict. I’m sorry, I don’t need a whole lot else. I don’t know how else to say it: Mr. Church, you need to step down.”

Cobb detectives say a 7year-old boy told his parents Church allegedly showed him pornographic materials on a computer and molested him at the councilman’s home. The case began when the boy came forward on June 26, said Officer Mike Bowman, spokesman for Cobb police. 

According to the indictment, Church is accused of being in possession of at least four images depicting minors engaged in sexually explicit conduct, resulting in the four counts of sexual exploitation of children.

The grand jury alleges Church, on or about May 9, showed the boy pornography and molested him, resulting in the counts of child molestation and aggravated child molestation.

Church did not return a request for comment Tuesday and has not spoken publicly about the allegations against him since his arrest last summer. 

After Church was first arrested in June, his bond was set at $10,000 on June 27. 

Then, on Aug. 4, changes were made to the bond order to specify that Church could attend council meetings. 

Kim Isaza, spokeswoman for the District Attorney’s Office, said the modifications for his Jan. 9 bond order are the same as those granted on Aug. 4.

His bond order states Church “may attend City Council meetings and work sessions for the City of Kennesaw.”

Church has regularly attended City Council meetings since he was first arrested on two counts of felony child molestation on June 27. 

The modifications to his bond put stipulations on how Church must come and go from the meetings. 

“(He) shall arrive just prior to the meetings and shall leave immediately after adjourned. Entry and exit should be done by rear exits where possible,” according to the bond order. 

One modification to the bond limits Church’s interaction with children: “There shall be no direct contact nor indirect contact with any child under the age of 18.”

Jenkins said given the circumstances, Church won’t be able to represent the residents of Kennesaw.

“He needs to resign his position and we need to move on with the city business,” Jenkins said.

Edward Queen, director of Emory University’s Center for Ethics, agreed with Jenkins that Church’s presence on the council could distract from city business. 

“I think a better way of handling it would be that those who have been indicted have to take a leave of absence until they’ve been convicted,” Queen said. “I think it removes some of the murkiness of the issue. I think it would make the electorate more comfortable. I also think it addresses some of our concerns about potential abuse of power and the role of status in the judicial system. I think it’s just a cleaner way of dealing with the situation.”

Kennesaw resident Bill Harris said the other council members and the mayor need to quietly ask Church to resign.

“It is time for the city elected officials to finally make it known to him that his continued presence on the council is a distraction to them and reflects poorly on the city generally,” Harris said. “His council membership should not drag out any further. The city needs five people on the council, all with their minds on city business, not four people and one other concentrating on remaining out of prison.”

The only comment Mayor Mark Mathews offered Tuesday on Church’s future on the council is: “His attendance is not up to us.”

Reynolds said if Church is found guilty on all counts, he faces a maximum sentence of 125 years and a $400,000 fine.

Comments

(5)

Kennesaw KARMA

January 14, 2015

Mathews and Church went all over town bashing Jenkins....KARMA

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Kennesaw Citizen

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January 14, 2015

Elected officials no matter what positions you hold; do not send the wrong message to our teens and young adults. Councilmen Church is doing that and it shows. Regardless of how we may feel or think both of them are right. The judge needs to go back and recalled that bond order and have Church jailed. It is now time for the Kennesaw Council to also step in and have the former Councilmen resign. It has to be a clear and precise way that this is not acceptable to have a person to serve in public office after being indicted of several charges. Right now, councilmen Church is doing just that! If the councilmen can be indicted and still serve and get paid; then I need to fill his position without any special election. It is only fitting that this happen because both of the things that would happen would be unjust and while he is getting paid and already indicted then I need not have any problems being placed in this seat once he is gone!

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HeyNow

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January 14, 2015

Hope the council doesn't honor a boy scout troop.

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anonymous

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January 14, 2015

Judge Flournoy, I think we'll remember this one come election time.

Sorry, but just because you've been a longtime politician in Cobb should not mean you have special treatment when you allegedly molest a kid. What's up with this?

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Bill in Kennesaw

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January 14, 2015

If the councilman resigns it will require a special election to be held, due to the amount of time remaining in the term a mayoral appointment is not possible. The cost to Kennesaw would be about $20,000 for such an election.

Should he choose not to resign the Cobb District Attorney or the Georgia Atty General can ask the Governor to step in under O.C.G.A. 45-5-6 to start the suspension process of the Councilman, however this is a cumbersome and legnthy procedure and hopefully can be avoided.

Details on such a removal are found at: http://law.justia.com/codes/georgia/2010/title-45/chapter-5/45-5-6

Read more: The Marietta Daily Journal - Kennesaw Councilman Church OK to attend city meeting  

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 Cobb County Superior Court Documents

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Linda Church

Obituary |  Condolences

Family-Placed Death Notice

LINDA CHURCH Linda Church, 53, of Kennesaw died Saturday February 10, 2006. A Georgia native, Mrs. Church was born in Sylvania, Georgia in December 1952. Linda was a former cabin crew member with US Air and was a Re/Max realtor for five years prior to starting Team Church Realty with her husband. She was an active member and past President of the Kennesaw Optimist Club. Linda was a dedicated volunteer at the North Cobb Animal Rescus Shelter and Our Pals Place pet adoption center. Linda is survived by her husband of 17 years, Kennesaw Mayor, Leonard Church, two daughters, Pamela Vandergriff and Angela Church and 3 grandchildren, Zane, Emily, and Lucy Vandergriff. Linda is remembered by loved ones as a person who had a passion for her family, pets and the community, and for her laughter. Her life was characterized by her enthusiasm for art, music, travel, tennis, and her faith. The family will receive friends at 10:00 a.m. on Saturday, Febraury 18 at the NorthStar Church in Kennesaw. Services celebrating the life of Linda Church begin at 11:00 a.m., with Reverend Marlon Longacre officiating. Flowers can be delivered on Friday, February 17 to Winkenhofer Pine Ridge Funeral Home on North Cobb Parkway in Kennesaw. Donations in lieu of flowers can be sent to Our Pals Place, 4508 Canton Road, Marietta, Georgia 30066. 678-795-0202

Published in The Atlanta Journal-Constitution on Feb. 17, 2006

- See more at: http://www.legacy.com/obituaries/atlanta/obituary.aspx?pid=16749845#sthash.oTzIia5d.dpuf

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