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Police Misconduct Alleged, Rape Trial of Enumclaw Pastor Delayed Again

The trial for Malcolm John Fraser of Sound Doctrine Church in Enumclaw, who faces two counts of first-degree rape of a child, is moved to Jan. 16 after a defense complaint of evidence mismanagement and bias on the part of Enumclaw Police.

Enumclaw Police have until Jan. 4 to search for and turn over any deleted emails and documents connected to the arrest and investigation of a local assistant pastor who is charged with two counts of first-degree child rape.

The order, from King County Superior Court Judge Beth Andrus, came after the attorney for Malcolm John Fraser alleged that police misconduct and bias have prevented her client from getting a fair and speedy trial.

Enumclaw Police Detective Grant McCall found probable cause for Fraser's arrest in March stemming from a report police received from Child Protective Services about inappropriate contact with a minor that reportedly occurred between 2005 and 2006. Fraser, whose trial was to have started last Tuesday, Dec. 11, is accused of repeatedly sexually assaulting a girl who was between 10 and 11 years old at the time. His trial has been delayed until Jan. 16 while the computer forensic examination is completed.

Ian Goodhew of the King County Prosecutor's Office said Andrus issued her order regarding police department computers on Dec. 7 during a motion to dismiss hearing by Fraser's defense team.

Andrus ruled that Fraser's defense team had not shown that dismissal was warranted, according to a video recording of the hearing. However, "the court concludes that his [McCall's] personal religious opposition to what he perceives is the theology of Sound Doctrine Church may be affecting his judgment in this regard."

That conclusion was, in part, drawn from an email exchange between McCall and Fraser's mother. In her brief seeking dismissal, Fraser's attorney, Ann M. Carey, reported that McCall expressed contempt for the Sound Doctrine Church by writing, "Malcolm's group is completely without the Gospel of our Lord and Savior, Jesus Christ," and, "The fruit exhibited by Malcolm's group is evil and twisted."

Deputy prosecuting attorney Jason Simmons countered in his response brief that, "the defendant's mother used highly religious language in her email and expressed a dislike for the Sound Doctrine Church. In an effort to create a rapport with the defendant's mother, McCall used similar language when he responded."

Carey also accuses investigators of governmental misconduct by withholding evidence for nearly six months and deleting emails that were pertinent to the case. Andrus said during the hearing that she did not believe McCall had deleted emails in a malevolent or intentional attempt to suppress evidence from the defense. Her order for the forensic examination covers the police department's email server as well as McCall's computer and all staff computers that might contain documents pertaining to Sound Doctrine Church.

With the Jan. 4 deadline and trial set for Jan. 16, that was enough time for Fraser's defense team to review any new material turned over, and his right to a speedy trial was not an issue, she said.

Editor's note: Patch was not present at the Dec. 7 hearing. Reporting was done with the assistance of a video clip made by The Discerning Times, a publication connected with Sound Doctrine Church. The full clip of Andrus' ruling is viewable at http://www.enumclaw.com/tv/judge-rules-on-enumclaw-police-misconduct.

See Also: Coverage of the hearing from The Discerning Times.



Joe December 20, 2012 at 03:32 PM
About a month ago I got a fake newspaper in the mail called the discerning times ... I read it and wondered why the papers would be so pro child rapists... I then found back deep inside the paper a disclaimer stating everything in the paper is the opinion of one person. Then I see this... Is the patch now going to use the onion dot com for more fact checking? Please April... The Patch is a real local paper that just lost a little respect from a faithful follower.
Fawn December 20, 2012 at 05:42 PM
The Patch article reports on the hearing to investigate the misconduct of Detective McCall. Yes, the video of the trial was made available by Fraser's church and support group; however, it is a legitimate viewing of the trial. I feel the Patch summarized a fair reporting of it regardless of how the hearing was made available. Detective McCall's e-mail communication seems to be along the same lines of how I would be feeling towards both Sound Doctrine Church and Malcolm Fraser. To serve and protect... in this case, it appears he feels strongly that Fraser is not the victim that needs protecting. Fraser has an entire church lobbying behind him and as you stated, sending out odd 'newspapers' supporting all sorts of criminals. That newspaper that ended up in my mailbox disgusted me. I would be mad as hell at the church and Fraser. Detective McCall was found to have communicated in a way that suggests a "very strong animosity toward Malcom F and to the church where he is an associate pastor." In the e-mail from D. McCall to Frasier's mother, the court ruled that "Detective McCall's personal religious beliefs affected his objectivity in assessing the credibility of M's disclosures and evaluating the influence Athena and Jessica may have had leading up to M's disclosures." Fraser's defense is trying to use this to get the case dismissed. I'm glad the information came out, but grateful D. McCalls's mistake didn't secure Fraser a "Get out of Jail Free" card.
Joe December 20, 2012 at 06:33 PM
Thanks Fawn... You summed it up better then I could. After I got that paper I researched the author and found too much info about the organization and its leaders on the Internet and it too disgusted me. I guess it just got under my skin that April used their clearly biased stance as her only source. Look at some of this stuff I found on a quick search of these people.... I guess I just didn't like the delivery of this whole mess. From being pushes into my home in a fake newspaper to now on my favorite real community news website http://thechristianbbs.com/cgi-bin/ultimatebb.cgi?ubb=print_topic;f=8;t=000210 http://www.apologeticsindex.org/2725-sound-doctrine-church http://www.religionnewsblog.com/docs/Sound_Doctrine_Church_Mills_Court_Order.pdf
April Chan December 20, 2012 at 06:49 PM
Hi Joe, Hi Fawn - thanks for both your feedback. I am sorry you feel the way you do, Joe, however, the SDC paper was not my only source for this story -- nor my primary source. The prosecutor's office provided information about the delay and the hearing, along with the briefs from both sides I referenced. I can understand people's reluctance to view the Discerning Times as a general news paper, but the video clip I sourced does portray what Judge Andrus said during the hearing. I wanted to make it clear because I wasn't there, I did use this clip from DT to pull a few of Andrus' statements. Folks are welcome to continue reading on their site if they'd like, or ignore it.
dexterjibs December 20, 2012 at 11:47 PM
Sound Doctrine Church is a cult? No surpise here. I have heard far too many horror stories about that church. I would be curious how much income their Supreme Leader, Tim Williams, reports to the IRS each year? After all, when you tell your congregation that money is evil and Tim WIlliams is there to relieve you of that evil, it probably goes in his bank account since you can't be trusted with money.
dexterjibs December 20, 2012 at 11:54 PM
With the DIscerning Times, the old saying, "Me thinks thou protest too much". All this smoke about Athena Dean and police misconduct. This is simple deflection designed to take attention away from the facts of the case. The facts appear to be an accusation that he raped a little girl. The jury will hear the evidence and render a decision. If you look at a photo of Malcolm Frasier, he really has the stereotypical appearance of a child molestor.
Cindy Scinto December 22, 2012 at 03:47 AM
I'm one of the targets of Sound Doctrine and WinePress Publishing of which one owns the other or something like that. I was an author and outside contractor who decided what I saw was wrong and now they have spent the past year or more attacking my character, reputation, costing me thousands in legal fees, holding my book and royalties and not paying me, sending me threatening legal paperwork based on pure falsehoods, and now, defaming me in their ridiculous newspaper. They throw in regular news stories with elaborate made up fiction about those of us who have spoken up to their threats to cover their real intention to smear people who oppose them. I just heard from another author today who has been ostracized for questioning their extensive fees and charges. Just the fact I'm telling my story here will give them more material to send me more legal papers to threaten me more for talking about them. But freedom of speech includes an unhappy customer sharing their bad experience with a company. And I am disabled with a heart transplant, pancreas transplant, three types of cancer, and a limited life span remaining. Yet they still harass me and even wrote up paperwork that I used my health as a sympathy card and made it up. Just search for 'cindy scinto' and you will see all my health troubles. The discerning times published a crime timeline and I was in it. Read my response to at lease two lies they published: http://www.cindyscinto.blogspot.com/2012/12/he-said-she-said.html
Cindy Scinto December 22, 2012 at 03:49 AM
Yeah, but they claim if you are not accused of being a cult--your not a true Christian church. Ooooops on all those Christian churches out there.
dexterjibs December 22, 2012 at 08:14 PM
I wish you well Cindy and I am sorry you have to endure more pain from this nasty group that claim to be Christians. Watch yourself because these people are vicious.
James Owens February 14, 2013 at 05:44 PM
Cindy, I guess when the Bible says that all men will hate you because of me means nothing to you. Ooooops on the Bible.
Cindy Scinto February 14, 2013 at 07:46 PM
James, using a verse here and there doesn't validate anything. I do not lie. And I won't argue Bible verses. I was NEVER contacted by Athena. My disagreements with this mess are from my own experiences. That last night I stayed at the house, I was just recovering from a very dangerous surgery. All of you were in the basement. If you listened through the floor fine. But I never said there was any yelling going on. I was lectured on money and evil and not talking so much and being someone Malcolm thought I needed to be. The reason I was so very excited about the bargain I got on the table at IKEA, is I had been able to save the money for a year so I could purchase it. And I still had some leftover to buy cute gifts for the ladies and dessert for everyone at the house. It was not love of money. I sang songs of joy to the Lord the entire way home in my car. It was just joy at the gift from God. We never got to have dessert because Malcolm decided it was his place to give me a two hour speech I did not need to hear. It was inappropriate as I was a guest in your home and not a member of your church. He was unrelenting and I had to ask him to stop at 10:00 because I had a long drive home the next day. When I emailed a month later to ask why I was subjected to this talk, no one would answer. There was silence for 6 months. I was treated differently and then when I questioned more, I was cut off.
Cindy Scinto February 14, 2013 at 07:46 PM
During that visit, Athena was forbidden to talk to me. That is just not normal for anyone or anybody. We're all adults. So I asked Athena why. Then I started to see what was happening and I decided to take my books out of WP. That's when it all started turning into a mess. So there has been many messages hurled back and forth and Bible verses constantly tossed around. And when I whined about how the stress was affecting my fragile health, I was targeted as using my condition as a "sympathy card." James, there is absolute medical documentation that stress will reduce my life span. I just wanted to understand why all this was being done to me. There is this perception that I am in this with Athena. That is so not true. We don't even stay in touch very much. And now this sad situation with Carla has been turned into an "absolute" fact by her husband that us "Jezebels" words have absolutely killed her. How? Stress? This same man claims health problems are God trying to get our attention and correct us. So how can all these Biblical truths change from person to person? Then lets say the words from everyone over there have hurt my health and caused me to have more cancer. If this is refuted, then how can it be turned around?
Cindy Scinto February 14, 2013 at 07:48 PM
And all this nonsense about my blog and this email and a death threat? My goodness, I do not have anyone's name on my blog and with all the messages going around, how could my one commentary be the cause of a death threat? In fact, I have all the detailed stats on my blog visits. I looked up the name on the email. I only get about 1 or 2 hits on my blog a day, if that. There are no hits from anyone anywhere near this person, whoever they are. And I have detailed IP checks on all my sites. I am very IT savvy. I called the Enumclaw Police Department to be sure there was not a problem. Not to "cover my guilty tracks." What guilty tracks? And the picture attached to the email is a stock photo. And ... hasn't it gone on long enough? How many times can they use this email and photo to try and place this on me? And how can they prove it was due to my blog? And why do they think the stress from having this nonsense plastered all over creation is not effecting my fragile health? But for Carla it is the sole cause of her illness? Doesn't it all seem a bit too much?
Cindy Scinto February 14, 2013 at 07:49 PM
Did you ever find me to be a sick, psychopathic, evil, twisted, hating person when we spent time together? Who was I? a worker of satan planted to destroy all of you? Can you not think any of this through without only believing everything you've heard from them? Is there no discussion unless it's all one sided? Do you really believe I have reason to lie about everything? I never wanted this mess to happen. And I am not in some group of haters. I'm just me. I am so worn out by all of this. And if I am so sick and evil, why do they still sell my book? Why would a Christian publisher sell a book written by such a rotten person like me? They don't make very much money from it. I know you will already have a solid rebuttal to everything I wrote here. How can EVERYONE else be 100% wrong and no one in their group ever be wrong? About anything? How can they prove I am not a Christian? How can they prove they are Christians? I know you'll come back at me with more contempt. Why? Can't you consider anything I've said as true? And what about the FACT that they state truly a church is not Christian unless it's accused of being a cult? That is an absolute statement put out by them. Does that mean my cute little Baptist church is a cult?
Cindy Scinto February 14, 2013 at 07:49 PM
When you said "when the Bible says that all men will hate you because of me means nothing to you." do you assume this just because I don't agree with their stand on churches? Is there any logic here? i don't think anyone would agree with the statement. about churches having to be accused of being a cult to be true Christian. Then if I am evil and sick, I must be a true Christian. This is so much bigger than it has to be. He aid, she said ... over and over again. Why don't they contact Peacemakers and have a neutral arbitrator settle all this?
dexterjibs February 14, 2013 at 11:27 PM
James, it appears to me that you are associated with the Sound Doctrine Church. I will pray that you escape the church with your friends and family. Others have done it and you can to. Again, read the Bible about false prophets. All these former members and people associated with the church or Wine Press publishing can't be wrong.
James Owens February 23, 2013 at 04:29 PM
Post 4 of 4 It is so easy to just jump on the bandwagon and agree with a group of people about something, but then to pass judgment on another group solely based on what you have heard is indeed absurd. Do your research. Dexter, I respect you and your opinion, but from a factual standpoint, you have presented no solid foundation for your biases. If you have personal experience or Biblical proof as to what Sound Doctrine is doing wrong that would be different and I’d be happy to discuss that, but so far what you have said is just hearsay that a group of individuals have told you. You keep telling me about false teachers. Please explain the point you are trying to make with this. I have read about false teachers. What specifically are you referring to, or have you just heard Timothy called a false teacher and are saying the same yourself?
James Owens February 23, 2013 at 04:30 PM
Post 3 of 4 What I am asking of you Dexter is to approach this with no preconceived notions about Sound Doctrine. Look at both sides from a Biblical and logical standpoint. It is clear you know people who don’t like Sound Doctrine, but have you asked yourself why they don’t like SD. Obviously we all have opinions on everything, but whenever I research a topic, I try to remove my personal biases and examine both sides of the argument especially before making a judgment. I spent nine years as a member of Sound Doctrine so I know those who are actively stirring things up very well. I used to consider them my family, but they have chosen a path of hate. Just so you know how the dynamics of things work, most “ex-members” of Sound Doctrine usually band together to attack and bring down the Church. They CHOOSE to believe the Church hurt them and they are CHOOSING to take out their anger on those who have poured out so much love towards them (especially Carla Williams). However, it is possible to leave Sound Doctrine, as I have done, and not be bitter or angry. However, that meant that I couldn’t blame any problems that I have on a church. This might sound crazy, but I actually had to take responsibility for my actions.
James Owens February 23, 2013 at 04:30 PM
Post 2 of 4 What I do see is a select few people who actively hate Sound Doctrine Church and they are trying to get as many people to join them as possible. Dexter, it is important to rationally approach any and every situation. Your argument saying, “All these former members and people associated with the church or WinePress Publishing can't be wrong” does not hold any water. Look at the Bible. There was a large crowd ready to push Jesus off a cliff. Would the same logic then apply? Or what about when the Jews were persecuting the early Christian church. So many people hated them, but does that make the early Christians wrong?
James Owens February 23, 2013 at 04:30 PM
Post 1 of 4 Dexter, I am actually what many would call an "ex-member" of Sound Doctrine. However, I have made the conscious effort to not blame my problems on a church and rather claim responsibility for them myself. You see, I do read the Bible and I know that when I see comments saying: “I struggle daily with wanting to go burn their building down.” (Athena Dean) I look at that and see they are not living out what Jesus taught. Also, when I know firsthand how certain individuals stole 20k in home furnishing, they are not living what Jesus taught (I was the one holding the camera on the Enumclaw.com website). I also look at people who drive down the street and call people assholes and I don’t see that as living what Jesus taught either. Then I see a church building have their window shot out, houses being vandalized, a group of individuals being harassed, not feeling safe to walk down the street and again I don’t see Jesus.

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