Nothing happened. 5-year-old says

By Michael McCluskey World Staff Writer

WATERVILLE - a 5-year-old girl today was unable to back up prosecution claims that she was molested by Roby and Connie Roberson about two years ago.

But an illiterate man convicted of sex crimes stuck to his basic story Tuesday and that the Pentecostal preacher sexually abused two girls.

The 5-year-old, the youngest of five alleged victims, testified this morning that she did not recall Roby Roberson sticking his tongue in her mouth or using the word “humping.”

Wearing a purple dress with her blond hair pulled back in a purple bow, the girl said, “No” when asked by Douglas County Deputy Prosecutor Eric Biggar if anyone had touched her private parts, If anyone had stuck a tongue in her mouth of if she ever used the word “humping”. She said it’s not proper for anyone to stick a tongue in her mouth or to touch her privates.

The 5-year-old girl, who had been under the Roberson’s care, pointed them out while saying that she remember living with them in East Wenatchee. The Robersons are each accused of molesting her twice. Roby and Connie Roberson face a combined 17 counts of child rape or molestation involving several victims.

The girl said she could remember being in the church. At first she said she didn’t know about good and bad touching, but later said it’s not OK for someone to touch the bottom half of her body. She said she hadn’t been touched in a bad way.

The girl then counted past 30 and recited the alphabet when questioned by defense attorney Robert Van Siclen.

The girl was also asked to recall her last birthday in June and could remember only one present she received and that she had a Lion King cake.

The girl’s foster mother and a counselor both testified that the girl told them about two unusual incidents with Roberson. In late May, foster parent Micki Reyes-Vogan said that she was doing dishes wither daughter when the girl “walked up and said, ‘(Roby Roberson) put his tongue in my mouth.’ We were kind of taken aback.”

A few days later, the girl “was on top of my 7-year-old (foster daughter). she was moving up and back. I was kind of startled at that point. I asked (the girl) ‘What are you doing?’ She said, ‘I’m humping her. (Roberson ) taught me.”

According to counselor Donna Anderson, the girl “...labeled it as humping. She said she learned the word from Andy at Micki’s house. She said (Roberson) taught me.”

The other incident was the next day while Reyes-Vogan was taking pictures. The girl posed with her bottom in the air, her hands beneath her, and said Roberson “ties me up and he takes my picture,” Reyes-Vogan said.

Reyes-Vogan started the purple ribbon brigade, consisting mainly of foster parents trying to support law enforcement and Child Protective Services. Among the members is Luci Perez, a foster parent and wife of detective Bob Perez.

Under cross-examination, Reyes-Vogan said several other children who are alleged victims of sexual abuse were in her home during the nearly three-month period in which the 5-year-old was living there. Reyes-Vogan said she was unaware of other children using the term “humping.” The foster mother also denied she was working on behalf of prosecutors or police while the girls was in her home.

On Tuesday, Gary Filbeck, a man who cannot read or write, his voice barely audible in the small courtroom, testified repeatedly that Roby Roberson molested two girls, now 11 and 5, in both the chapel and basement of the East Wenatchee Pentecostal Church of God. He said Roberson’s wife, Connie, was present.

“He said, ‘That’s the way you get rid of the devil,”’ Filbeck said about what Roberson told the small congregation following the alleged incidents.

However, Filbeck was shaky under cross-examination from defense attorney Robert Van Siclen, at times contradicting earlier statements, showing confusion about the months of the year and the definition of a lie.

Filbeck pleaded guilty to second-degree assault with sexual motivation earlier this year in Chelan County. He’s scheduled to be sentenced next month. As part of his plea bargain, Filbeck has agreed to testify in several cased, including this case. Filbeck was also convicted of second-degree statutory rape and indecent liberties with a minor in 1988.

Earlier, Kevin Jones, supervisor of forensic science for the Washington State Patrol, had testified that no semen was found in the church.

Wearing thick glasses and using many one-word answers, Filbeck said he saw something unusual one Sunday two years ago, when he was one of five adults, including the Robersons, and three children present.

“I seen Roby up there on the pew on the stage,” Filbeck said. “He asked (the 11-year-old girl) to come up there. He took her pants down and it looked like he fondled her. ... He had his hand on her vagina, was moving it.”

Filbeck said Roby Roberson removed his pants and laid on top of the girl, moving up and down, but couldn’t tell if Roberson had intercourse with the girl. The girl was crying, Filbeck said.

Filbeck then testified that the younger girl came forward, took down her pants and Roberson appeared to fondle her. But Filbeck said Roberson’s body blocked his view and he couldn’t be certain.

Filbeck said Roberson then called him forward and he also fondled the young girl.

Later that day, similar incidents happened, Filbeck said. Each time Roby Roberson said, “That’s the way to get rid of the devil,” Filbeck said.

But Filbeck’s story changed under cross-examination. He said the older girl pulled down her own pants. Filbeck said he also fondled the older girl in the church.

Van Siclen questioned several instances in which Filbeck gave different statements in interviews with sheriff’s detectives.

“I didn’t tell the whole story because I was nervous,” Filbeck said.

Filbeck estimated that the alleged incidents of sexual contact lasted no more than five seconds at a time. Filbeck also agreed that March is at the end of the year, and when asked what’s a lie, he replied “I don’t know.” But later, he said: “If you make up a story or something, that’s a lie.”

Douglas County Detective Dave Helvey was on the stand when the day began, giving Van Siclen a chance to hammer at the department’s investigative work. Van Siclen contended that Douglas County investigators based their work on a report prepared by Wenatchee police Detective Bob Perez./ Helvey said his first interview with one of the alleged victims, one of Perez’s foster daughters, was an attempt to clarify information in the report.

Helvey said that Perez’s report didn’t contain sufficient detail on the alleged acts in Douglas County.

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