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Sex abuse case takes a strange turn By Jonel Aleccia If a man is mentally competent to drive, get married, raise a child and face criminal charges in court, is he legally competent to consent to homosexual sex? A lawyer for a former Jackson County caseworker jailed on sodomy and sex abuse charges plans to argue that the answer is "yes." Andy Vandergaw, the court-appointed attorney for Robert Forrest Jackson, is maneuvering to claim that the state has used a double standard of mental competency for Jackson�s alleged victims. "What I�m saying is that they don�t fit the criteria of being mentally defective," Vandergaw said. Jackson, 62, of Talent, faces criminal charges in a trial set to begin Tuesday in a Jackson County courtroom. He has been jailed since August on two dozen charges that he sodomized and sexually abused seven developmentally disabled male clients. Establishment of mental defect is at the heart of the indictments against Jackson. At issue is whether the adult males the caseworker met in connection with his work were legally capable of consenting to homosexual sex with Jackson. In particular, Vandergaw has subpoenaed lead prosecutor and county Deputy District Attorney Terry Smith as a witness in the case. According to court documents, Smith represented one of the adult alleged victims convicted in 1996 of contributing to the sexual delinquency of a 15-year-old girl. "I was a public defender ... in past criminal proceedings in which he pleaded guilty to a criminal charge without a mental defect defense," Smith wrote in a court file. That�s a crucial point, Vandergaw said. "(Smith) believed at the time that (the victim) was capable of appraising his own conduct," Vandergaw said Wednesday. "It�s kind of a conflict to turn around when his mental condition has not changed and say that he�s mentally defective." Smith said Wednesday that she did not believe her past involvement with the victim was relevant. Most of the seven victims hold state drivers� licenses and at least one has been married, records show. Also, one man has been granted custody of his child by the state, Vandergaw said. But a probation officer familiar with the case said that the argument wrongly focuses attention on the victims, rather than the alleged abuser. "It�s a horrible thing they�re doing," said Michelle Rogers, a county probation officer who worked with one of the victims. "... It�s entirely different than him being victimized by a person who is in a position of power and control." But the question of Jackson�s influence as an authority figure is not the legal issue in the case. The indictments do not allege that Jackson used his position to coerce sex from the victims. "A stranger off the street could be charged with these crimes," Vandergaw said. Witnesses subpoenaed for the defense included eight lawyers in the local district attorney�s office, all of whom have had dealings with one or more of the victims in court. Judge Patricia Crain on Monday quashed subpoenas for all the lawyers � except Smith. In response, Smith filed a motion to sever the case of the victim she represented � and the eight counts he brought � from the other six victims in the case. Crain is expected to decide the issue after a hearing set for today. The question is crucial because it could determine whether the case will be referred to the state Attorney General�s Office for prosecution, forcing a delay until at least January, according to files. Both sides in the case are hoping to force the other to request any necessary delays. If the state asks for a continuance, Jackson could be released from jail, Vandergaw said. "They don�t have sufficient evidence at this time," he said. "Moral indignation resulted in the state indicting the guy before they even had an idea of the facts of the case or the state of the alleged victims." Smith, the assistant district attorney, said in court documents that proceeding to trial now would preserve the rapport she has carefully built with the victims. It would also resolve the anxiety of waiting. "The victims are developmentally disabled and particularly susceptible to stressors accompanying a delay," she wrote. She declined to discuss any specific interactions with the alleged victims, citing lawyer-client confidentiality requirements. But Smith did say Wednesday that she�s prepared to prosecute. "We�re ready to go to trial," she said. Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.