GLASGOW — A motion to dismiss without prejudice was granted on Monday in the sexual abuse case of a Barren County man who was released from prison in 2006 after a ruling by the Kentucky Supreme Court.

Steven Jay Wilson, 45, was set to stand trial for a second time on Wednesday for the various charges. An ordained minister, he served two-and-a-half years of a 25-year prison sentence after being convicted in 2004 for the alleged sexual abuse of two of his former stepchildren.

The state supreme court released Wilson in October 2006, while entitling him to a new trial.

Defense attorney Mark Stanziano was “ecstatic” following Monday’s ruling.

“I think it’s more likely that a volcano will explode in Glasgow in the next 150,000 years than it is that there’s ever going to be one more piece of evidence that implicates Steve Wilson,” he said.

Commonwealth’s Attorney Karen Davis told Barren Circuit Judge Phil Patton the high court’s decision would have affected evidence they could present at the new trial.

“Rulings therein restricts the proof that we would be allowed to introduce at a retrial and this is contrary to what had previously been allowed in this jurisdiction,” she said.

In their decision, the Supreme Court called into question testimony offered by Julie Griffey, a licensed marriage and family therapist, who treated the two alleged victims.

“At the time of her interviews in the summer of 2003, Wilson was neither a household member nor in a position of special trust as he no longer lived with them and he and their mother were in the process of divorcing,” the supreme court’s ruling stated. “Thus, the trial court erred in allowing Griffey to read her treatment notes verbatim, which included Wilson’s identity, to the jury.”

The ruling also stated that Griffey’s testimony as to the history provided by the two alleged victims should have been “sanitized” by not naming Wilson and eliminating the details of the sexual acts.

On Monday, Davis also cited the length of time between the allegations and the new trial, a lack of physical and scientific evidence and the responsibility of not re-victimizing individuals as reasons for the dismissal.

Wilson, the former pastor of New Covenant Church of God, first stood trial in 2004 after being accused of sexually assaulting two of his former stepchildren. He was eventually found guilty on six of 11 counts of first-degree sodomy and sexual abuse.

Throughout the initial court proceedings, Wilson maintained his ex-wife, Tonya Holmes, threatened to ruin him personally and professionally after their 13-year marriage dissolved.

He said he believed Holmes encouraged her two oldest children, then ages 17 and 19, to bring charges against him as retribution.

Although she said there was no intention of re-indictment, Davis wanted to dismiss without prejudice, allowing the Commonwealth to re-present the case if new evidence ever comes forward.

“If evidence ever comes up or he does confess to somebody later on that he did this, then we can reindict,” said Traci Peppers, assistant commonwealth’s attorney, who was set to try Wednesday’s case. “If it was with prejudice, then even if he walked out the door today and evidence fell in our lap, then we could never reindict him.”

The defense asked for dismissal with prejudice, while Patton cited his “philosophy on the separation of powers,” as a reason for sustaining the motion to dismiss without prejudice.

Despite his client’s asking to proceed with a trial, Stanziano accepted Patton’s decision.

“We would have committed malpractice to – in the face of a dismissal, a certain dismissal – to set it for trial when there’s risk,” he said.

Peppers added that she explained to the family that juries often need physical and scientific evidence to convict a person of rape. She cited three recent trials where there was no such evidence and a not guilty verdict was rendered.

“I just felt like the family shouldn’t be re-victimized in that way and have to go on the stand,” she said.

Members of Wilson’s family, as well as other supporters, applauded inside the courtroom once the decision was made.

“It’s about doggone time and praise God,” said Teresa Jeffries, Wilson’s sister.

For the defendant, Monday’s ruling brings to close a chapter of his life that has taken up almost six years.

“It’s been a long road home and a long time coming,” Wilson said.

Jennifer Moonsong contributed to this report.