Superior Court Judge J.C. Cole of Perquimans County denied a motion by Geoffrey Davis, who is representing William Meinsen, to dismiss the case.
Davis argued the state failed to prove the minister of New Life Church of Christ in Roanoke Rapids kissed the 15-year-old victim for the purpose of sexual gratification on the evening of January 29, 2014.
“When Mr. Meinsen was indicted it was alleged he was indicted for arousing and sexual desire in violation of state law,” he said to Cole.
There are two parts to the indecent liberties charge, Davis said, one centers on sexual gratification while the other centers on lewd and lascivious behavior. “You’re asking for changing from one conduct to the other. The state is bound by the language in the indictment.”
Davis said he didn’t see where the state met evidence Meinsen allegedly kissed the child on the neck for sexual arousal or for a sexual purpose. Touching which is done without consent, he said, is assault.
Assistant District Attorney Keith Werner told Cole, “The defendant and I disagree on the purpose of that statute. It can be either or both. You can apply both A and B and in my assessment both A and B apply.”
In renewing his request to have Cole dismiss the case, Davis said the state was not able to prove sexual gratification. “Kissing her on the neck, nibbling on her ear, pulling her on his lap, nothing in that set of facts demonstrated sexual gratification. I would characterize it as horseplay.”
Davis said there was a more innocent explanation and that was the victim’s mother went to the police. “Everyone knew she had gone to the police. She was on the outs with Mr. Meinsen. All that taken together doesn’t rise to indecent liberties.”