Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, May 29, 1993                   TAG: 9305290019
SECTION: VIRGINIA                    PAGE: C1   EDITION: METRO 
SOURCE: LON WAGNER STAFF WRITER
DATELINE: FLOYD                                LENGTH: Medium

HISTORIC SEDUCTION LAW ALSO ON TRIAL IN GALLIMORE CASE

Jimmy Turk, Gallimore's attorney, countered that the seduction statute is "old, archaic and discriminatory against women."

During a pretrial hearing Friday, Turk asked Circuit Judge Kenneth Devore to dismiss all charges against Gallimore. Gallimore was charged in February with seduction and two counts of taking indecent liberties with a minor.

Williams argued that not all "gender-based" laws should be thrown out. The seduction statute is necessarily geared toward women because men can't get pregnant, Williams said.

"There is a compelling state interest in protecting marital rights," he said, "and the state has a compelling interest in protecting pregnancy in single females."

In motions filed with the court, Turk called the Reconstruction-era seduction law "a legal dinosaur with benevolent intentions but malevolent results to the constitutional rights of women."

"This case is a historic event," he said. "It is undoubtedly the last time the crime of seduction will be tried in the United States."

Gallimore, 44, has been in the spotlight since authorities filed a search warrant in January indicating he had married 16-year-old Sabrina Simpkins "in the eyes of God." Gallimore and his legal wife, Janice, have been married 26 years.

The charge of taking indecent liberties with a minor hinges upon whether Gallimore had a "supervisory" relationship over Simpkins.

Williams argued that as the preacher of Simpkins' church, Gallimore oversaw the Floyd County High School junior.

Turk said "supervisory" is not defined in Virginia law. In motions filed to support his argument, Turk said the vagueness of the term would allow it to be applied to almost any relationship between a man and woman.

Turk suggested that a tennis instructor, taxi driver or camp counselor could be determined to have a supervisory role.

"Would a 19-year-old residence hall adviser at a university be guilty of a felony if he and his 17-year-old girlfriend were sexually active while she lived in his dormitory?" Turk asked.

Gallimore and Simpkins have stated to investigators that they had sex two or three times after they were informally married in November.

Documents on file in Floyd County Circuit Court indicate that investigators have been asking Gallimore about events not related to his relationship with Simpkins.

In early March, Gallimore admitted to an investigator that he had had an affair after he and Janice were married, but "before I was a Christian."

He also denied, in response to an investigator's question, having fathered an illegitimate child. Gallimore offered to submit to a blood test to prove his innocence.

Turk maintains that the only relevant testimony or evidence in the case is what Simpkins has to say. The prosecution has at least explored the possibility of making Gallimore's lifelong behavior part of the case; investigators subpoenaed his records from the Pulaski County school system.

Turk filed a motion objecting to the release of the records. He said he will continue to try to keep the trial focused on Gallimore's recent actions.

"I intend to file for a pretrial ruling that all that smut be excluded from evidence," Turk said.

The lawyers expect Devore to rule on the motions next week. Turk has also asked that the trial be moved out of Floyd County to an area where the case has not received as much media attention.

Gallimore is scheduled to go on trial on June 11 for the three felonies, which could bring 30 years in prison.