NEW MADRID, Mo. -- A judge ruled Monday that an out-of-court statement made by a young girl may be used at the trial of a former Poplar Bluff, Mo., pastor who is accused of raping her.
On April 21, Keith E. Frye Jr. and his attorney, Ted Liszewski, appeared before Associate Circuit Judge Joe Satterfield, along with New Madrid County Assistant Prosecuting Attorney Amy Preyer, for a hearing regarding the admissibility and use of the child's out-of-court statement as evidence to prove the allegations, according to the judgement/order signed by Satterfield on Monday.
Frye, 55, of Lilbourn, Mo., and former pastor of Central Baptist Church in Poplar Bluff, is charged with the unclassified felony of first-degree statutory rape. He is accused of "knowingly" having sexual intercourse with a child less than 14 years old on March 8, 2015.
The statement at issue, Satterfield wrote, was made by the alleged child victim (who earlier reports say was Frye's then 4-year-old foster daughter) to Jeff Schmitt, a sexual assault forensic examiner with the Beacon Health Center, and recorded on a DVD.
During the hearing, Satterfield reportedly heard testimony and evidence was presented before he took the matter under advisement to review the recorded interview and to consider the testimony.
On Monday, Satterfield issued his findings and orders.
"This court, after considering the totality of the circumstances ... hereby finds that the statements made by the child have sufficient (probability) of reliability ... and therefore allowed as substantive evidence in the criminal proceeding," Satterfield wrote.
Satterfield further wrote the child's statements made to Schmitt and her recorded statement shall be allowed to be used as evidence at trial.
The court further finds, Satterfield wrote, that the "probative value of the statements outweigh the possible prejudicial effect."
According to earlier reports, New Madrid officials learned of the alleged abuse on March 14, 2016, when an investigator with Missouri Department of Social Services Children's Division contacted the sheriff's department in reference to the possible sexual assault of a child.
Sgt. Troy Shelly's probable-cause affidavit said the investigator further reported the girl's therapist reported she had "disclosed that former foster parent Keith Frye had sexually abused her."
On March 16, 2016, Shelly said, the then 5-year-old girl was examined and interviewed at the Beacon Health Center.
The girl, Shelly said, reported the sexual abuse "happened more than one time," and it occurred at "Helen's. Helen is the wife of Keith Frye."