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	The Rev. Budd to Challenges Constitutionality of Sex Charges By Kevin Behr Winona Daily News January 24, 2008 http://www.winonadailynews.com/articles/2008/01/24/news/02budd.txt Delayed again. That's the story in the criminal sexual conduct case of the Rev. Donald Dean Budd, who made his first appearance since June in Winona County District Court on Wednesday. Nearly a year after Budd, 63, was charged with 10 felonies for having an inappropriate sexual contact with a woman he counseled, his attorney, Rich McCluer, pledged to continue challenging those charges on due process and constitutionality issues. Judge Jeff Thompson ordered McCluer to submit his written argument by March 14 and gave Winona County Attorney Chuck MacLean until April 18 to file a response. Thompson said he will take the arguments under advisement April 21 and will make a decision some time after that, effectively delaying the Budd case again until probably May. The case was delayed several times last year because of a very similar case before the Minnesota Supreme Court. In that case, ex-Roman Catholic priest John Bussmann was convicted of having a sexual relationship with two women while giving them religious advice. The court threw out the conviction saying some evidence unfairly entangled religious doctrine with law. McCluer said the Bussman case raised similar issues, but a split decision by the court failed to clarify whether the statute prohibiting clergy from having a relationship with a client is unconstitutional. McCluer expressed his disappointment with the "inconclusive" state Supreme Court outcome Wednesday. "With all due respect," he said, "the case wasn't really decided." McCluer outlined the issues he will continue to challenge for his client including probable cause for investigators to charge Budd, the constitutionality of the statute and due process issues stemming from a taped conversation Budd had with his alleged victim. Contact Kevin Behr at (507) 453-3524 or at kbehr@winonadailynews.com
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