Religious Confession Likely to Stay Private in Sexual Assault Case

By David Ashenfelter
Detroit Free Press
February 10, 2012

http://www.freep.com/article/20120210/NEWS06/202100405/Religious-confession-likely-to-stay-private-in-sexual-assault-case

Three Michigan Court of Appeals judges appeared likely to apply Michigan's priest-penitent privilege Thursday in a criminal case involving a Belleville teen who allegedly admitted to his pastor he had sexually assaulted a 9-year-old girl.

The judges in their comments seemed to reject arguments by Assistant Wayne County Prosecutor Toni Odette that the privilege didn't apply because the teen's mother was present when he confessed and, as a result, his admission was not confidential.

Going along with the prosecution, two of the judges said, would create a nightmare for Michigan trial judges who would have to decide on a case-by-case, denomination-by-domination basis whether a pastor's statements about such admissions could be used to prosecute a church member.

"I wonder if the real test is what the penitent thinks, not what the pastor thinks," Judge Elizabeth Gleicher said during the hearing.

Judges Pat Donofrio and Patrick Meter also appeared to show reluctance to accept Odette's argument. There is no timetable for a ruling.

The case involves Samuel D. Bragg, 19, who is accused of raping a girl during a sleepover at his home in 2007 when he was 15.

Bragg allegedly told the girl he would kill her if she ever told anyone. Two years later, after attending a church retreat about purity, the girl told her mother, who told the Rev. John Vaprezsan, pastor of Metro Baptist Church in Belleville.

The girl's family and Bragg's were members of the church.

Vaprezsan summoned Bragg and his mother -- Vaprezsan's former secretary -- to his office and confronted Bragg about the allegations.

After Bragg allegedly confessed, Vaprezsan told the girl's family, gave a statement to Belleville police and testified at a preliminary examination. The pastor testified that his church doctrine didn't prevent him from talking to police and that he felt obligated to do so.

Bragg was ordered to stand trial on a charge of first-degree criminal sexual conduct, which carries a maximum penalty of life in prison.

Bragg and his mother say he didn't confess. Bragg's lawyer, Raymond Cassar, said under Michigan law, communications between clergy and their church members are privileged and confidential.

Cassar told the judges that Bragg had every reason to believe the conversation was confidential.

He said Vaprezsan had been Bragg's pastor since he was 5, the conversation took place at Vaprezsan's church office, the conversation was cloaked in spirituality and they prayed together afterward.

Cassar predicted that, no matter how the appeals judges rule, the case likely will be appealed to the Michigan Supreme Court.