Judge sets date for Windermere trial
Jury selection begins Oct. 12 in Jeff City
JEFFERSON CITY—A Cole County trial judge has granted the request of Missouri Baptist Convention (MBC) attorneys to set a trial date for one of the five breakaway agencies, with jury selection commencing on Oct. 12.
At a status conference on May 4, Judge Richard Callahan agreed to sever the five defendants for trial and to schedule the first trial on Oct. 12, the first open week on the judge’s trial calendar. The parties tentatively agreed that the Windermere case should be tried first, although the judge will not enter a formal order until Wednesday, May 9.
Michael Whitehead, lead counsel for the MBC, participated in the conference and told Pathway afterwards that he was delighted to get a trial date. Whitehead said that he expected the trial could last five to eight trial days.
“Judge Callahan admitted that it would be difficult for him to master all the facts in all five cases all at once,” Whitehead said. “However, he said that our idea of trying one case as soon as possible would be the best way for him to ‘get up to speed’ on the facts and law. By the end of one trial, he will better understand the key facts and the law, and that will expedite his handling of the other four defendants. Furthermore, he said he could postpone rulings on some pending motions in all five cases, until he heard the Windermere trial. Then he would have a better understanding of the basic facts and law. We think it is a great idea.”
MBC attorneys urged that the judge set Windermere to be the first trial because of the land transactions which have put the assets at risk.
Whitehead noted that development work has not resumed since the second lawsuit was filed in Camden County last November, but he noted it could resume at anytime. Kurt Odenwald, representing Windermere, urged the judge to just impose a discovery deadline and to rule on pending motions before setting a trial date. Judge Callahan said he would rather set the trial date, and use that as the deadline for discovery. Odenwald had until May 9, to reply to the judge, agreeing to try Windermere on Oct. 12.
Judge Callahan has been involved in a lengthy trial involving the Missouri public school funding formula. He said he expects to finalize that case by the end of June, so he did not want to make any major decisions in the Baptist case until July. He set the next hearing date on July 18, at which time he will hear arguments on some of the pending motions.
Meanwhile, the attorneys will continue to complete discovery during the summer. Depositions requested by Defendant College scheduled for this month include Michael Haynes, Greene County director of missions, May 9, in Springfield; Gary Taylor, former chairman of the Legal Task Force, May 14, in Jefferson City; Robert Curtis, vice chair, Legal Task Force, May 15; Ralph Sawyer, former MBC president, May 17, in St. Louis; Roger Moran, May 29; Kerry Messer, May 30, both in St. Louis; and Jim Plymale, July 9, in St. Louis.
Taylor resigned as chairman of the legal task force last month, after joining the MBC staff as director of evangelism on April 2. The task force elected as its new chairman Randy Comer, pastor of Highview Baptist Church in Chillicothe. Comer has been a member of the task force since its inception. He also serves on the Executive Board, and is a named plaintiff in the legal case.
Defendants also have asked to depose several witnesses who have been on the MBC Nominating Committee, including Jim McCullen, John Garland, Rocky Good and Wayne Bartee. David McAlpin has also been requested by defendants.
Whitehead reported that getting a trial setting in Cole County on Windermere makes it more likely that the Camden County case will be held in abeyance. “Our goal there is simply to stay all proceedings in Camden County until we can get a final judgment in Cole County.”
When asked whether recent changes in leadership in the Baptist Building would affect the MBC’s legal position, Whitehead said the legal team did not believe so. “Dr. David Clippard has been a valuable member of the Legal Task Force, and we are grateful for his past and future support. We are saddened by the events which led to his departure, but Dr. Clippard has agreed to continue to be cooperative with the legal team as needed. The breakaways occurred before Dr. Clippard became executive director, so he did not have personal knowledge of some of the key facts. Other witnesses will provide that testimony. For all those reasons, the legal team believes that MBC’s legal position remains strong.”