George Gilbert Thomas, 53, was a hero.

The city of Austin honored him for saving a couple's lives when he discovered their home on fire and escorted the man and woman to safety.

A year ago, he led the annual Martin Luther King Jr. Day parade through downtown Austin.

Thomas also mesmerized everyone with his soulful singing in downtown bars, where he once worked.

When he joined the Welcome Center, he was the second-in-command to the director and frequently a spokesman to the media on how the agency was helping new immigrants in Austin.

On Monday, the same man goes on trial for criminal sexual conduct charges.

He is accused of having sex with a 15-year-old girl, who was three months pregnant at the time of the alleged assault.

Jury selection begins Monday morning when the trial is convened before District Judge Donald E. Rysavy.

Patrick W. Flanagan, Mower County Attorney, is prosecuting the case.

Karen Duncan is Thomas' defense attorney.

A pretrial hearing was held last week in preparation for the criminal misconduct trial.

The attorneys and Judge Rysavy discussed several motions filed in connection with the case.

Defense attorney Duncan wanted to know if her client's prior criminal record -- he was acquitted of murder charges in Olmsted County several years ago -- would be admitted by the prosecution in court. Flanagan assured Duncan and the court it would not.

The credibility of the prosecution's chief witness, the alleged victim, received the most attention by the attorneys and Judge Rysavy.

The teenager first told a therapist at Gerard of Minnesota about the alleged incident and the therapist then reported it to Austin police, according to the criminal complaint.

The teenager and the therapist were part of a diversity class meeting at the Welcome Center's headquarters in the Reeve Chiropractic Clinic building along Fourth Avenue NW.

However, the prosecutor pointed out "several discrepancies made in statements given to police" creating "several inconsistent statements."

Judge Rysavy said the attorneys must lay an appropriate foundation for the statements to be allowed into testimony.

Also, Duncan wanted the judge to disallow the prosecution's attempt to introduce evidence that the alleged victim had used a false name in a portion of her statements to authorities.

Duncan also said a statement by Stephanie Morgan, co-owner of the apartment building where Thomas lived at the time, was prejudicial to her client. The woman allegedly called Thomas a "creepy guy," Duncan said.

Also questioned by the defense attorney was the alleged victim's statements made while in treatment.

The exchange between the two attorneys was amicable and, afterwards, the judge said he would take the requests under advisement.

Flanagan told the court, "We're ready to proceed." However, he had one concern to discuss.

Flanagan questioned whether jurors would "hear" the same testimony, when a taped conversation between the defendant and the alleged victim was played in the courtroom and what they would "read" from transcripts of the conversation.

The taped conversation could be a key piece of evidence and points to a legitimate challenge for both prosecutor and jurors.

According to the criminal complaint, the alleged criminal sexual conduct occurred sometime in May 2001. The alleged victim told her therapist about the alleged incident during private therapy sessions nine months later in February 2002.

Austin Police Department Detective Dave Schaefer had the victim wear a hidden microphone and arrange a meeting with the defendant.

But first, police listened to a telephone conversation made by the teenager and Thomas.

The defendant agreed to meet face-to-face with the teenager at his Welcome Center office. The teenager went to the meeting wired with a transmitter to allow police to overhear the conversation, according to police reports.

Satisfied, they had enough evidence, Austin police placed Thomas under arrest.

Thomas was originally charged with four counts of felony criminal sexual conduct, according to the criminal complaint.

Judge Rysavy agreed with the prosecutor that jurors could have difficulty understanding the verbal testimony from the taped telephone conversation and face-to-face interview. He said the "vagaries of the audio may be in question."

Flanagan said, "I would be more than happy to allow the jurors to make their own interpretations of this testimony."

The defense attorney said, "There are significant differences between the transcriptions and the tapes."

The prosecutor said he expected to call seven to nine witnesses. He said the list includes the victim, two detectives and an unidentified counselor at Gerard of Minnesota.

Also on the list are Liliana Silvestry-Neilon, who is the executive director of the Welcome Center and Thomas' former boss, the defendant's landlady, Stephanie Morgan, Mower County Sheriff's Chief Deputy Mark May and Nikki Merfeld.

According to Flanagan, Merfeld headed a group discussion by the Gerard of Minnesota agency, which included the victim.

Merfeld, an Austin Post Bulletin reporter, was, at the time, a friend of Thomas.

Flanagan said he expects the prosecution's case to take "two or three days."

Duncan said she would call two or three witnesses, including the teenager's mother. She said the defense's case would require two days of court time.

The Welcome Center was created by the organization Apex Austin to assist new immigrants who move to Austin to take jobs at Hormel Foods Corporation and Quality Pork Processors, Inc. It receives some of its funding from both the city of Austin and Mower County.

According to attorney Steven J. Hovey, who represents the Welcome Center, Thomas is no longer employed by the agency.

He also said the Welcome Center continues to use the same hiring practices it used when Thomas was employed. Hovey said there was nothing in Thomas' past at the time to indicate he should not be hired.

Thomas remains released on his own recognizance.

Lee Bonorden can be contacted at 434-2232 or by e-mail at :mailto:lee.bonorden@austindailyherald.com