By Jill Redhage
East Valley Tribune
December 13, 2007
http://www.eastvalleytribune.com/story/104393
The Arizona Supreme Court heard arguments Thursday morning regarding whether a Mesa priest is entitled to a jury trial on misdemeanor charges that could require him to register as a sex offender.
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The questions involved the case of the Rev. Dale Fushek, former pastor of St. Timothy's Catholic Community in Mesa. Fushek was charged in November 2005 with having sexually related discussions with teenagers during confessions, and exposing himself to teens as he got into a hot tub.
Fushek did not attend Thursday morning's proceedings.
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| Dale Fushek |
The court barraged each attorney with questions during their 20-minute time slots in an effort to determine what test can be applied to determine whether a punishment limits liberty enough to merit a jury trial.
Fushek's attorney, Tom Hoidal, argued that the priest is entitled to a jury trial because he could be required to register as a sex offender if convicted -- a serious punishment because it could limit Fushek's ability to live in certain neighborhoods and to work with children.
Hoidal pointed out that Arizona is one of the few states nationwide that requires registration as a sex offender for certain misdemeanor offenses.
"With Megan's Law in 1994, the state required law enforcement agencies to publish sex offender notifications, further expanding the "Scarlet Letter" effect that comes with registering as a sex offender, Hoidal argued.
The Arizona Court of Appeals rejected Hoidal's argument earlier this year, finding that jury trials are reserved for "serious offenses," such as those punishable by at least six months in jail, and for offenses that historically have been promised a jury trial.
The prosecutor with the Maricopa County Attorney's Office argued that registering as a sex offender is only a possibility -- not a certain outcome -- if Fushek is convicted. Thus, she said Fushek does not merit a jury trial.
The supreme court has taken the matter under advisement. If the court sides with Fushek, the case would likely return to the San Tan Justice Court for a criminal trial.
Fushek faces one count of assault, five counts of contributing the delinquency of a minor and one count of indecent exposure.
Fushek served as St. Timothy's pastor for 20 years and founded the national Life Teen program.
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