MOUNTAIN HOME, Idaho — A Mountain Home pastor charged with felony forcible penetration failed in his second attempt to have the case thrown out Monday, after his defense argued part of the law is unconstitutionally vague.
Gregory Wayne Jones faces one felony count of forcible penetration. A woman accused the pastor of assaulting her under the guise of spiritual healing.
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Defense attorney Jessica Bublitz argued the term "duress" in the charge is not clear enough for an average person to understand what conduct is illegal.
"[A] person of ordinary intelligence will not know when their relationship can be construed as coercion in that manner," Bublitz said.
Elmore County Prosecutor Hayes Hartman pushed back, arguing the law does not have to spell out every possible situation to be constitutional.
"There doesn't need to be absolute specificity in a statutory term in order for it to not be constitutionally infirmed," Hartman said.
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Hartman also argued Jones would have known the alleged victim was no longer consenting because she told him she wanted to stop.
"The alleged victim told Pastor Jones that she wanted to discontinue the process and then despite that request, he brings her back in," Hartman said.
The defense disputed that claim, pointing to testimony from the preliminary hearing they said showed the alleged victim never clearly said "no."
"The testimony when she faked the orgasm, and all that stuff. There was never a no, no one was intoxicated, no one was passed out. All indications were that she was giving consent to him," Bublitz said.
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District Judge Michael J. Reardon said the hearing was not about deciding what happened, but whether the law itself is constitutional. He said the state's case is presumed valid at this stage and that a person of ordinary intelligence could understand the type of conduct the law prohibits.
"I can't find that that term duress is one that a person of ordinary intelligence can't understand. Based on that I'm gonna deny the motion to dismiss," Reardon said.
Jones remains out on bail. His next pretrial conference is scheduled for January 4th of next year.
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