Bishop Eddie Long | Case could hurt reputation -- and pocketbook

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By Ty Tagami

The Atlanta Journal-Constitution

The best case scenario for the Bishop Eddie Long is probably a judge's dismissal of the sexual misconduct allegations against him, legal experts say.

AJC Staff file Bishop Eddie Long of New Birth Missionary Baptist Church.

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News media gather on the street outside the New Birth Missionary Baptist Church in Lithonia while third young man filed lawsuit alleging Bishop Eddie Long, leader of one of the Southeast's largest churches on Wednesday, Sept. 22, 2010.

Hyosub Shin hshin@ajc.com News media gather on the street outside the New Birth Missionary Baptist Church in Lithonia while third young man filed lawsuit alleging Bishop Eddie Long, leader of one of the Southeast's largest churches on Wednesday, Sept. 22, 2010.

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The worst outcome for the DeKalb County minister accused of coercing male teens in his congregation would be a public trial that stretches on for years, dragging his reputation through the mud, the experts said.

"Even if you win a case like this it can be a hollow victory because of the damage to the reputation," said Craig Jones, an Atlanta attorney who often represents plaintiffs in civil litigation.

Three men allege in lawsuits that Long, the founder of New Birth Missionary Baptist Church, used his influence over them to coerce them into sex years ago.

Long faces no criminal charges. All the plaintiffs were at least 16 -- the age of consent in Georgia -- when the incidents are alleged to have occurred.

But that doesn't necessarily make his defense easier.

Plenty of sex-related cases go to the civil courts without a criminal conviction, the lawyers said.

In some, such as the lawsuits alleging abuse by Catholic priests, the statute of limitations on criminal prosecution expired by the time the alleged victims stepped forward. In others, there was an absence of physical evidence that prosecutors require.

Plaintiffs in civil cases have a lower burden of proof than prosecutors in criminal cases. They merely have to produce enough testimony and other evidence to tilt the scales of justice a little in their favor, while a prosecutor must prove guilt beyond a reasonable doubt -- tilting the scales all the way.

But that doesn't mean Long's accusers have an easy case to make.

They are claiming that they suffered emotional distress because of Long.

To win in court, they'd have to first convince a jury that they actually did suffer emotional distress, which would likely mean a battle of psychological experts testifying for each side, said Jessica Gabel, an assistant professor of law at Georgia State University.

"In a case like this you're going to need expert testimony," she said. "Those guys cost a lot of money."

Then, they'd have to prove that Long was responsible for the emotional pain.

"The critical thing that you have to prove is causation -- what caused their emotional distress," Gabel said. "It's especially hard to prove causation."

Long can move for summary judgment, meaning he can ask a judge to dismiss the case before a jury sees it, arguing that there simply is no viable evidence that the plaintiffs were harmed.

But that wouldn't happen until after months of a process called "discovery," where the plaintiffs reveal their evidence. And a judge's summary judgment decision can always be appealed, meaning more time for the case to linger in public view and more legal fees.

An easier -- and less expensive -- outcome for all involved would be a settlement before trial.

But Larry Pankey, another Atlanta civil plaintiff's attorney, said there probably already were settlement negotiations that failed, given that the plaintiffs have already gone public.

"You come out with guns blazing in a case like this, where is the motivation of Bishop Eddie Long to settle it," Pankey said. "Any chance of buying off confidentiality is gone."