Convicted St. Paul Priest Wins New Trial in Sex Case

By Emily Gurnon
Pioneer Press
November 26, 2012

http://www.twincities.com/localnews/ci_22067919/st-paul-former-priest-convicted-sex-parishioner-gets

Christopher Wenthe

A St. Paul priest convicted of having sex with a 21-year-old penitent has won a new trial.

Christopher Wenthe, formerly of Nativity of Our Lord parish in St. Paul, was convicted in November 2011 of criminal sexual conduct in a case that involved a female parishioner. A jury acquitted him on a second count. He was sentenced to a year in the Ramsey County workhouse and was released early for good behavior.

Wenthe appealed the conviction.

On Monday, Nov. 26, the Minnesota Court of Appeals overturned the conviction and sent the case back to Ramsey County District Court for a new trial.

Wenthe, now 48, became sexually involved with the young woman after she sought his advice and guidance in her struggles with an eating disorder and past sexual abuse, according to testimony. She said that he took advantage of her vulnerability and that she trusted him because he was a priest.

The sexual activity was a crime because it occurred "during the course of a meeting in which the (victim) sought or received religious or spiritual advice, aid, or comfort from the (clergy member) in private," as is required by statute, the jury found.

Wenthe's lawyer, Paul Engh, characterized the relationship between the priest and the woman as friendship that turned into an ill-fated, forbidden love affair -- but one that was legal.

In reversing the conviction, the appeals court said that "(Wenthe's) conviction was based on evidence that was excessively entangled in matters of

religion," in violation of the First Amendment separating church and state.

For instance, the prosecution "elicited testimony regarding the authority of priests as 'holy' men who are charged with 'the care of souls' and are subject to the vows of chastity," the appeals court noted. The prosecutor also "questioned (Wenthe) vigorously regarding his role as a 'moral ... and spiritual leader' who possessed religious authority over parishioners."

Engh argued in his appellate brief that the relationship between Wenthe and the woman changed at a certain point. The "spiritual aid and comfort" ended. The woman then consented to sex and was a willing participant, he wrote. At that point, "the relationship was about other things entirely."

The appeals court also ruled that the clergy-sex statute does not violate the Establishment Clause on its face. The Establishment Clause, part of the First Amendment of the U.S. Constitution, says Congress shall make no law respecting an establishment of religion.

But in this case, "the religious evidence provided the jury with religious standards for judging appellant's conduct. It invited the jury to determine (Wenthe's) guilt on the basis of his violation of Roman Catholic doctrine," not state law, according to the opinion for the court by retired Judge Gary Crippen, a member of the three-judge panel that heard the appeal.

Contact: egurnon@pioneerpress.comtwincities.com