NEBRASKA CITY- District Judge Julie Smith has ruled in favor of prosecutors seeking to provide the testimony of a second alleged victim at the trial of Nebraska City preacher Larry Mullins.
Nebraska courts typically do not allow testimony about past acts that are intended to show that a person is guilty of a current charge, but Otoe County Attorney David Partsch asked the court to allow the testimony of a girl, who said she was sexually assaulted by Mullins when she was six years old.
The judge said she disagreed with the defense’s position that since there was no prior conviction and no charges filed, there was no prior offense.
She said the girl’s testimony indicates that there was a prior offense.
She also noted the similarities in allegations between the current charges and the second girl’s testimony.
She said both allege that assaults were initiated while they were napping or sleeping, both occurred at the defendant’s home, both girls were about the same age, both described Mullins performing similar sexual acts and both say Mullins threatened them not to tell anyone.
The judge’s ruling allows a jury to hear the testimony of the second girl, if the victim alleged in the criminal filing testifies first.
A pre-trial conference is scheduled on Dec. 19.