Curcio to lead hearings on Byrd's sexual assault allegations

Aug. 25--Michael Curcio, R-Dickson, the chair of the Tennessee House Judiciary Committee, will lead a hearing and investigation into claims of sexual assault against Rep. David Byrd, R-Waynesboro.

During a closed-doors caucus meeting Friday, Byrd said that he will not seek re-election in 2020 following more than a year of continuing allegations that he sexually assaulted three teenagers in the 1980s when he was their basketball coach at Wayne County High School.

At a special legislative session held later that day, Rep. Gloria Johnson, D-Knoxville, introduced a resolution calling for his expulsion for improper behavior including assaulting underage women while serving as an authority figure and continuing the crime through a cover up that took place while he served in the legislature.

During the session, Curcio motioned to refer Johnson's resolution to his committee and hear testimony under oath from Byrd and his accusers.

The motion passed 71-26, a party line vote.

"We, as Republican leadership, have given the only opportunity for the facts to be heard," Curcio told The Daily Herald.

He called the resolution made by Johnson a "political grandstanding tactic."

Later in the session, Johnson made a motion to expel Byrd, under a provision of the state's constitution. The second motion was tabled by Republicans on a 71-25 vote with one Democrat, Rep. Barbara Cooper of Memphis, abstaining.

"Anything of substance that requires taking action is always referred to committee," Curcio said. "By calling for hearings, we have given the alleged victims and Rep. Byrd the only opportunity to testify under oath."

As the claims are more than three decades old, the case has since passed Tennessee's statutes of limitations for criminal sexual abuse set at 8 years for rape and aggravated sexual battery and 15 years for aggravated rape.

Curcio, who represents Dickson County and parts of Maury and Hickman counties in the General Assembly, said he is now working with state House lawyers to prepare for the hearings.

"I am working on the logistics of how to put those hearings together," Curcio said. "These are very serious allegations and we want to make sure they are dealt with swiftly."

Before moving forward with the hearing process, Curcio said the judicial committee is awaiting an opinion from the office of Attorney General Herbert Slatery. Newly elected House Speaker Cameron Sexton requested the opinion in the days leading up to Friday's special session.

Curcio said that the office is working urgently on the matter, but there is no exact timeline on when the attorney general's opinion would be released, as the committee holds it summer session meetings.

The judicial committee has the right to issue subpoenas during the investigation, however Curcio said he expects that all parties will likely appear before the committee to share their sides.

"We want to be very methodical about this," Curcio said.

Following the hearings and the release of the judiciary committee's report, any member of the legislature would be able to propose action on the matter.

"A resolution would have a lot more power behind it," Curcio said.

The accusations were first reported in March 2018 by WSMV-TV, including a secretly-recorded phone conversation in which Byrd apologized to one of his accusers, Christi Rice.

She told the Nashville television station that Byrd, who was 28 at the time, touched her over her clothes and in one case, tried to pull her hand toward his genitals while they were kissing in an office after practice.

"He was like, 'You owe me, you owe me, I've been thinking about what I want, I want to see you naked," Rice said.

Rice said Byrd also kissed her at least 10 times during her sophomore year.

Robbie Cain, who now lives in Kentucky, said she was 15 when she was alone with Byrd in a hotel swimming pool during a trip to Nashville during the summer of 1986.

"His words were: 'I want you to feel how you make me feel. I want you to feel it throbbing,'" Cain said.

She told WSMV-TV that Byrd tried to touch her genital area.

"First, let me say that I have done nothing wrong or inappropriate during my term as state representative for the 71st District, which I proudly serve," Byrd said in a statement after Beth Harwell, R-Nashville, request Byrd resign. "I do not condone sexually inappropriate behavior and hope that my behavior over the last 30 years bears that out. Currently, I am working hard for the people of this district and I seek to live in a way that reflects my Biblical beliefs.

All three accusers said they never worked for any of Byrd's political opponents or supported their campaigns. WSMV-TV journalists also heard from more than a dozen of Byrd's other former players who said they had no knowledge of this happening to them or others.

After meeting with Byrd's accusers this spring, Gov. Bill Lee said he found their claims to be credible.

"It brings a great deal of clarity," Curcio said. "During the Friday session, there was this overwhelming sense that we are moving forward. Now that we have some new leadership I think it is appropriate that we are starting to deal with these issues that out lingering."

___

(c)2019 The Daily Herald (Columbia, Tenn.)

Visit The Daily Herald (Columbia, Tenn.) at www.columbiadailyherald.com

Distributed by Tribune Content Agency, LLC.