1/28/2012

By ERIN MATHEWS

Salina Journal

A Salina pastor who was bound over for trial Friday on 40 counts alleging inappropriate sexual contact with a teenaged girl over a six-year time period may have more immediate concerns than his July trial, his attorney said.

The visa expired Aug. 8 for Birger Draget, a Norwegian citizen who has lived in the United States for the past 21 years serving as a pastor for the Seventh-day Adventist Church, attorney Roger Falk told Saline County District Court Judge Jerome Hellmer.

Falk said U.S. Immigration and Customs Enforcement allows a six-month grace period for visas to be renewed, but the six months will be over in about 10 days.

Falk renewed his request to lower Draget's bond, which was previously dropped from $500,000 to $200,000, but is still too high for his family to post.

"Obviously, he can't renew his visa while he's sitting in jail," Falk said.

Falk said it is his understanding that if the visa is not renewed, ICE will place a hold on Draget, and even if he is found not guilty of the charges, he could be deported and forced to apply for re-entry into the country.

Prosecutor Christina Trocheck, an assistant county attorney, said she is concerned that Draget will have to report the charges he faces when applying for renewal of the visa, and he may not be granted a new visa.

"The state would not want him deported before these charges can be taken care of," she said.

Hellmer said that although in the eyes of the court Draget is presumed innocent until proven guilty, there may be "other jurisdictions taking actions that we have no control over."

He asked Falk to confirm with immigration officials what the consequences might be in terms of Draget's ability to remain in the United States.

A hearing was set for 3 p.m. Monday to further discuss Draget's immigration status and possibly reconsider bond reduction. Also at the hearing, Draget is expected to formally waive his right to a speedy trial.

Falk said the defense will need additional time to secure funding for the services of a neuropsychiatrist who can evaluate the alleged victim and serve as an expert witness in the case. He said the Norweigan consulate may be contacted with a funding request for expert witness services.

Falk said the defense will argue that the girl's claims of being sexually abused by Draget are "confabulation," or false memories that developed after the girl suffered a brain injury during a fall from a horse.

At Falk's advice, Draget stood mute Friday and Hellmer entered a plea of not guilty on his behalf. Falk said that would preserve Draget's right to appeal court actions completed prior to the plea being made.

Draget's trial was set to start July 16.

Falk argued Friday that the 40 counts, including multiple counts of aggravated indecent liberties with a child, rape, and aggravated criminal sodomy and one count of criminal threat, were "a bit of overkill and piling on."

Twelve of the 40 counts would, under Jessica's Law, give Draget a sentence of life in prison if he is convicted. Falk argued for dismissal of 13 counts that he said were alleged to have occurred at times when the girl and Draget were not in the same city or were not supported by her testimony.

"There was little opportunity for all of this to have occurred with the frequency that this young lady was suggesting over the last three-year time period," he said.

Trocheck said the charges she submitted, which increased from 21 counts after the girl testified at a preliminary hearing in December, were based on what the girl said took place between 2006 and 2011.

-- Reporter Erin Mathews can be reached at 822-1415 or by email at emathews@salina.com.

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