Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, June 12, 1993 TAG: 9306120226
SECTION: VIRGINIA PAGE: A1 EDITION: METRO
SOURCE: LON WAGNER STAFF WRITER
DATELINE: FLOYD LENGTH: Medium
But Gallimore, under indictment for three sex-related felonies since March, quickly regained his engaging and defiant personality outside the Floyd County Courthouse.
Asked how soon he would preach the polygamy-espousing "Marriage and Divorce" sermon that focused the spotlight on his tiny, Bassett Forks Evangelistic Tabernacle, Gallimore grinned. "Saturday night," he said.
Gallimore said he would continue to preach polygamy but would cut back on practicing it. "No third wife," he said.
The case of Elwood Harden Gallimore, 44, began in January when authorities got word the charismatic preacher had married 16-year-old Sabrina Simpkins "in the eyes of God." Gallimore had already been legally married for 26 years.
Gallimore's ebullient personality brought him fame on tabloid television, and the charges placed against him will likely bring changes in the Virginia criminal code for sexual abuse cases.
Circuit Court Judge Kenneth Devore last week ruled unconstitutional the 1887 seduction statute that Floyd County prosecutor Gino Williams dusted off when he leveled charges against Gallimore. That left Gallimore facing two felony counts of taking indecent liberties with a minor by a person in a supervisory role.
Friday, after hearing testimony by Simpkins that Gallimore did not force her to marry him or have sex, a jury deadlocked on whether Gallimore was guilty. The jury deliberated four hours, after which Devore sent them home and made the call himself.
Gallimore attorney Jimmy Turk - hired after Devore implored Gallimore not to defend himself "with God's word" - argued that Williams had proven nothing during the morning's prosecution.
Turk said Williams had not shown the three main things necessary to convict Gallimore: that he sexually abused Simpkins, that he held "supervisory" control over Simpkins, or that he acted with "lascivious" - meaning "eager for sexual indulgence" - intent when he had sex with her.
The jury could not decide only because it had prejudged Gallimore after months of media coverage, Turk said. "Their moral beliefs and religious beliefs got in the way of making the correct decision," he told Devore.
Devore confessed he was "on the borderline" of throwing out the charges after the attorneys made their closing arguments. Then he did just that.
Williams' case against Gallimore withered away Friday morning when Devore refused to allow a state police investigator to present evidence that Gallimore had an affair with another 16-year-old girl more than 20 years ago.
Instead of putting Gallimore's lifelong sexual practices on trial, Williams had to rely on testimony from Gallimore's two wives, who proved reluctant to say anything damning about their husband.
Simpkins' testimony didn't suggest Gallimore had control over her, only that she believed she should act as a traditional housewife. Asked what her responsibilities would be as a wife, Simpkins responded: "Housecleaning, taking care of the kids, things like that. The man is the head of the house."
Devore pointed out that Simpkins' views of a wife's role in a marriage wouldn't have caused a stir a generation ago.
"I know that's the way I was raised," Devore said. "I guess in a lot of our times the husband/father was the ruler of the house."
When Devore announced Gallimore had been cleared, the 50 or 60 members of the Evangelistic Tabernacle who had sat through each of their leader's court appearances let out a cheer, followed by a few shouts of "Praise God."
Gallimore wouldn't say if he planned to ask Simpkins to move in with him and his legal wife, Janice. But Simpkins' mother took it for granted.
"It's been tough," she said of Gallimore's tribulations. "It's still going to be a struggle for me, because Sabrina's leaving."
Clark and Brenda Simpkins, Simpkins' parents, were convicted in February of a misdemeanor charge of contributing to the delinquency of a minor for allowing Gallimore to have sex with their daughter in their home. Though Gallimore was cleared Friday, he and Simpkins may have to put their relationship on hold until she turns 18 in July 1994. A state law that takes effect July 1 will make it a misdemeanor for an adult to have intercourse with a person between the ages of 15 and 17.
For now, though, Gallimore seems to have learned something about the legal system. Friday evening, he gave his advice on how to survive a trial:
"A lot of praying," he said, and "with the help of a good lawyer."
by CNB