Priest’s attorney seeks closed hearing

Kim Smith

Thursday, May 9, 2002 | 10:09 a.m.

The attorney for a Henderson priest facing multiple sex-related charges pertaining to several young men has filed a motion asking that his preliminary hearing be closed to the public.

The Rev. Mark Roberts is scheduled to face a preliminary hearing in Henderson Justice Court on May 28 on nine pornography, lewdness and child abuse charges.

Clark County District Attorney Stewart Bell said his office will not take a position on attorney George Foley Sr.'s motion to close the hearing to both the public and the media.

"We never do," Bell said. "We represent the public and we believe the public has a right to know what's going on. On the other hand, if we agree with the media, the next thing we'll get from the defense is that we're trying the case in the media and we'll have an issue on appeal that we don't need."

Bell said 99 percent of the time the media ends up winning the right to cover court proceedings.

Bell said there is a chance Henderson Justice of the Peace Rodney Burr will not have to address the issue -- prosecutors are considering taking the Roberts case to a grand jury.

The fact the alleged victims in the case, who have also filed a civil suit against Roberts, are reportedly willing to testify in open court is just one consideration, Bell said.

"They have to be willing to testify anyway, because regardless of our decision on this issue, they'll have to testify at a trial," Bell said.

Foley and the alleged victims' civil attorney, Al Massi, could not be reached for comment this morning.

The priest, who has been suspended, is said to have befriended the young men over a five-year period, counseled them and earned their trust. Police and prosecutors said he then ordered them to take off their clothes and beat themselves as "penance" as he watched. He is also accused of taking pictures of the young men so they could understand how it felt to be "exploited."