JACKSONVILLE, Fla. – Lawyers for Paul Dyal have asked for his sexual battery charges to be dismissed, because people who could provide evidence in his defense either have no memory of what happened, or are dead.
Dyal, 80, is the former pastor of the Jacksonville Assembly of the Body of Christ Church. He was arrested last year and is still being held without bond, awaiting trial.
Attorney Mitch Stone said Dyal is not well. The 80-year-old has been in jail for a year now. Attorneys told News4JAX they want to get this case to trial sooner rather than later, and with this motion, there could be potential to have the case dismissed altogether.
Here’s the timeline of the sexual abuse allegations against Paul Dyal.
- Accusations go back to March 1979 and 1984
- The victim reported the alleged assault to the FBI in 1997 and in 2003
- On March 9, 2022--Dyal was arrested and charged with sexual battery
- March 3, 2023--Dyal’s attorney wants the whole case dismissed.
“He’s not doing well, he is being held in jail without bond,” Mitch Stone said. The motion Stone filed says the state is relying on witness allegations for evidence. The attorneys point to the fact that there’s no physical or medical evidence, no admissions by the defendant and no witnesses.
The motion highlights how authorities knew of the allegations for decades, but Dyal wasn’t prosecuted until 2022.
“If you look at the cold cases that are prosecuted, they typically contain new evidence that is either able to be developed due to technology and science, or because witnesses came forward or they found something,” Stone said. “We don’t have any of that.”
Attorneys not affiliated with the case said this was the right move by the defense. The motion questions whether Dyal’s right to due process is being violated. According to the motion, he can’t defend himself in a case that is 20-plus years old, with no evidence or witnesses.
The state has the right to bring charges and they’ll argue nothing prevents them from doing so, because it’s still in the statue of limitations.
But, Stone told News4JAX he is asking for a hearing and will keep pushing forward.
There is a pre-trial set for March 21.