Former Minister Says New Trial Will Clear His Name : Courts: Arleigh Cox was freed from prison when a judge ruled he had received an incompetent defense against charges that he molested a teen-ager.

A former Lutheran minister from Gardena who was released from prison late last month on a judge’s order said he welcomes a new trial to prove his innocence on charges that he molested a 16-year-old parishioner.

“I invite a new trial,” Arleigh Eugene Cox, 62, said in an interview at his attorney’s office. “This time, being innocent will suffice.”

Cox had served almost two years of a 38-year prison sentence when Torrance Superior Court Judge Candace Cooper on Sept. 29 granted him a new trial and ordered him released on grounds that he had gotten an incompetent defense in his first trial. He was released from Calipatria State Prison near El Centro on $15,000 bond.

Cooper based her decision on evidence from a handwriting expert who contended that Cox did not write obscene entries in the diary of the alleged victim, who is developmentally disabled. The diary was used as key evidence against Cox.

Cox’s trial attorney, Dean Hall, had failed to have the entries analyzed.

Hall said last week that he did not order a handwriting analysis because “Mr. Cox told me not to.” Cox, who is now represented by another lawyer, denied making such a request.

Hall declined to comment in detail about the outcome of Cox’s appeal other than to say, “The judge has made a decision and that’s the decision we have to go with.”

Deputy Dist. Atty. Ronald Geltz, who prosecuted the case two years ago, said the judge’s ruling surprised him.

“I was surprised because I believe that (Cox) was defended competently and thoroughly,” Geltz said.

“The thought of this victim going through this process again deeply saddens me, but we still believe in the truth of these charges and will continue to prosecute,” he said.

The victim’s mother declined to comment.

Deputy Dist. Atty. Andrew McMullen, who handled the state’s case before Cooper, said that a decision on whether to appeal the judge’s ruling is still being considered.

If the district attorney decides not to appeal, the case most likely would be retried, said Monika Blodgett, head deputy of the Torrance branch of the district attorney’s office.

Even though there has been no decision on whether the case will be retried, the charges against Cox are still pending and a pretrial hearing--a routine procedure in felony cases--has been set for Nov. 5.

Carl Capozolla, Cox’s new attorney, said that Cox would be acquitted after a new trial, but he declined to discuss defense strategy in detail.

“There will be new evidence, new witnesses and a new verdict,” Capozolla said.

Cox, who resigned from St. John’s Lutheran Church after his arrest, said he has no plans to seek reinstatement. Cox and his wife now attend another church.

Cox described his time in prison as horrendous.

“I had to fight not to be raped at least five times when I was in L.A. County Jail,” Cox said. “Numerous things were stolen from me--money and other personal possessions.” Cox said he did not sleep for 24 hours before he was released.

“I was numb,” Cox said.

He said he understands why the district attorney pursued the case.

“When the lies that were reported by the girl were reported, the district attorney has an obligation to do anything he can to find out if they are true,” Cox said.

Now, Cox and his wife said, they just want to get on with their lives.

When asked what his plans were, Cox’s wife answered for both of them.

“We’re going to sit at the dining room table and enjoy a cup of coffee together and take long walks and talk and talk and talk,” she said.