Judges Hear Church Confession Case

By Candice Williams
Detroit News
February 10, 2012

http://www.detroitnews.com/article/20120210/METRO/202100355/Judges-hear-church-confession-case

Three Michigan Court of Appeals judges heard arguments Thursday in a case that could affect if and when church confessions can be used in court. The panel is expected to decide within a few weeks if the pastor of a Belleville church violated the state's priest-penitent privilege when he testified against a church member during the preliminary exam for a rape case.

Pastor John Vaprezsan of Metro Baptist Church had testified in March that the defendant, Samuel D. Bragg, then 17, had admitted in 2009 to raping a 9-year-old girl two years earlier when she spent the night at his house.

Bragg's mother was present for the meeting.

Raymond Cassar, Bragg's defense attorney, said during Thursday's hearing the confession was privileged communication and cannot be used in court.

"(Bragg) had every reason to expect that it was a privileged conversation," he said.

The case was heard before Judges Patrick Meter, Elizabeth Gleicher and Pat Donofrio.

Wayne County Assistant Prosecutor Toni Odette contended that because Bragg's mother was in the meeting, it removed privilege.

She said because the defendant was 17 at the time of the meeting, his mother's presence was not necessary. The mother did not participate as she sat on a couch in the pastor's office, Odette said.

"The mother simply had no role in it," she said.

Bragg is charged with criminal sexual conduct for allegations that he raped a 9-year-old girl when she spent the night at his home in 2007. He was 15.

According to court documents, Vaprezsan testified in 34th District Court that the victim's family approached him about the allegations in the fall of 2009. He said he then requested a meeting with Bragg and his mother. He testified that within 10 minutes of questioning, the boy admitted that the victim's allegations were true. He said he prayed with the boy and his mother at the end of the meeting.

Vaprezsan also testified in March he told the victim's family of the confession. He said the police contacted him for a statement, which he provided.

According to Michigan's law regarding priest-penitent privilege: "No minister of the gospel, or priest, of any denomination whatsoever … shall be allowed to disclose any confessions made to him in his professional character, in the course of discipline enjoined by the rules or practice of such denomination."

During the hearing, the judges touched on the social implications of the issue.

Gleicher expressed concern that allowing the pastor's testimony could force trial judges to hold separate hearings when similar issues arise.

"I don't think that's what the legislation intended," she said.

Donofrio said perhaps the thought was the boy would tell the truth in front of his mother. "The silent person in the room, by their presence, may be facilitating the event," he said.

Odette pointed out that during the preliminary hearing, the pastor testified that while he considered the communication was confidential, he had not violated the doctrine of the Baptist church.

Contact: cwilliams@detnews.com