Former Church Official Will Receive New Trial in Molestation Case : Law: Judge rules Robert C. Rose’s jury read a police report that was not admitted into court. He had been found guilty in December.

A former Camarillo church official convicted of molesting a 12-year-old girl won a new trial Wednesday after a judge ruled that the man’s jury read a police report that had not been admitted in court.

As about 10 courtroom supporters cheered, 49-year-old Robert C. Rose stood and shook hands with his attorneys.

“This means we have to do it all over again,” defense attorney James M. Farley told Rose--found guilty in December of 10 felony child-molestation charges involving the girl, now 14.

The girl testified that she met Rose while attending classes at St. Mary Magdalen Church, and eventually they began fondling each other in his car when he gave her rides home. Rose was youth director at the church.

During jury deliberations in December, a court clerk inadvertently gave the jury a police report about some unrelated allegations against Rose.

The police report dealt with a co-worker’s allegation that Rose was trying to destroy evidence in the case when he attempted to erase two videocassette tapes.

The co-worker at PAC Foundries in Port Hueneme--which employed Rose as personnel director before he was charged with molestation--reported the allegation to the Sheriff’s Department, which investigated but found no wrongdoing.

In ordering a new trial, Superior Court Judge Ken W. Riley emphasized that he did not find any jury misconduct in the case.

But the judge said that the case may have been prejudiced simply because the jury knew that Rose had been accused of destruction of evidence. Riley ordered a new trial for March 7.

Deputy Dist. Atty. Saundra T. Brewer had tried to convince the judge that the error was harmless. She said the case came down to whether or not the jury believed the girl’s court testimony and that the police report had nothing to do with the jury’s verdict.

During the trial, the victim testified that she willingly engaged in the sexual conduct with Rose until it reached the point that she feared she would get pregnant. The girl, who cried at times as she described their encounters, said that on three occasions Rose parked his car behind a building while they fondled each other.

Brewer also cited a letter written to the judge by the foreman of the jury--who said the report had no impact on the verdict.

As she left the courtroom, Brewer declined to comment on Riley’s ruling, other than saying, “He’s wrong.”

Farley said the judge did the right thing.

“I don’t see how it can be viewed as anything but extremely--again I say extremely--prejudicial to Mr. Rose,” Farley had argued in court.

He also said the jurors should have known better than to read a report on evidence they did not hear during the trial.

“The jury was guilty of misconduct in maintaining the document, reading the document and discussing the document,” Farley said in court.