By Peggy Ackermann
NJ.com
April 7, 2010
http://www.nj.com/news/index.ssf/2010/04/state_supreme_court_rules_conv.html
[the court decision]
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| A June file photo of the New Jersey Supreme Court hearing arguments in Trenton. Photo by Aaron Houston/For The Star-Ledge |
TRENTON — The state Supreme Court today ruled a conversation a man had with a pastor about allegations the man sexually abused his daughters is protected by the cleric-penitent privilege.
In a 6-1 ruling with statewide implications, the court said the Rev. Glenford Brown of New Creation of Apostolic Faith in the Somerset section of Franklin Township, Somerset County, cannot testify in the case even though he met with the man, identified only as J.G., in a park in the spring of 2000 to discuss the allegations.
The men left the park with different impressions after their half-hour conversation — Brown revealed details of the talk to the man’s wife and the police. J.G. had believed the conversation was protected.
The issue of whether Brown could testify came up in a pretrial hearing after J.G.’s June 2000 indictment in Middlesex County. The trial judge found the conversation was protected because Brown had reached out to J.G. after the man’s wife brought the matter to the pastor; J.G. had known Brown for more than 30 years; and J.G. had asked the clergyman during their talk to baptize him.
An appellate court reversed the trial judge. The Supreme Court then reversed the appeals court today, saying the privilege applies "when, under the totality of the circumstances, an objectively reasonable penitent would believe that a communication was secret, that is, made in confidence to a cleric in the cleric’s professional character or role as a spiritual adviser."
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