St. Paul Priest's Criminal-Sex Conviction Upheld in High Court
By Emily Gurnon
[the court decision] A former Nativity of Our Lord priest who became sexually involved with a 21-year-old penitent is not entitled to a new trial, the Minnesota Supreme Court has ruled in reversing a Court of Appeals decision. The high court upheld the state's clergy sex statute, which makes it a felony for a priest or minister to have sexual contact with a person "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." Rev. Christopher Wenthe was convicted in a 2011 Ramsey County District Court trial on one count of criminal sexual conduct. He admitted at trial that he had sex with a 21-year-old member of his St. Paul parish. She testified that she told Wenthe about her struggles with an eating disorder and previous sexual abuse. He agreed to serve as her confessor. She said Wenthe exploited her vulnerability and her trust in him as a priest. Wenthe's attorney, Paul Engh, countered at trial that the relationship was a "mutual affection that went awry," and that the woman was a willing participant. The relationship lasted from November 2003, when Wenthe was 39, until February 2005, according to testimony. "We are very pleased with the Minnesota Supreme Court's 4-to 1-decision today in State v. Wenthe," said Ramsey County Attorney John Choi in a statement. "The decision will provide clarity in prosecuting these types of cases in the future and ensures that police and prosecution can enforce criminal sexual conduct laws against clergy who use their position of authority and power to sexually prey upon vulnerable victims." Engh, Wenthe's attorney, said they were disappointed in the ruling. "The case is far from over, however," he said, referring to other issues the Court of Appeals will take up when the case is back in its hands. Engh added that he may seek to take the case to the U.S. Supreme Court if Wenthe's legal options are exhausted in Minnesota. The Court of Appeals had overturned Wenthe's conviction and sent the case back to district court for a new trial, saying the conviction was "based on evidence that was excessively entangled in matters of religion" and thus violated the Constitution. The state Supreme Court disagreed. It upheld the clergy sex statute in general, and as it was applied to Wenthe. As with other professions in which sexual relationships are regulated -- including physicians, therapists, social workers and masseurs with their clients -- the law's prohibition on clergy grew out of the Legislature's determination that there is a power imbalance between the parties, the court wrote. "The clergy-sexual-conduct statute's primary effect is to protect individuals that the Legislature deems vulnerable, and it covers only those clergy who choose to use their position as a clergy member, or who hold themselves out as a clergy member, to enter into sexual relationships with vulnerable individuals," the court said. With the Supreme Court's decision issued Wednesday, there will be no new trial for Wenthe on the constitutionality of the clergy sex statute. The Supreme Court remanded the case to the Court of Appeals for consideration of issues Wenthe raised about alleged trial errors. Those issues include whether the trial judge unconstitutionally prevented Wenthe from presenting a defense by limiting evidence of the victim's sexual history; and whether the trial court erred by excluding expert testimony from defense witnesses on delayed reporting of sexual assault and the lack of physical injuries. The Supreme Court considered the Wenthe case in light of its previous rulings in the case of John Bussmann, a priest convicted of having a sexual relationship with a woman while counseling her. The high court initially threw out Bussmann's conviction, ruling that prosecutors had relied too heavily on evidence about religious doctrine. Bussmann was retried and convicted again in 2008. He is no longer a priest. Justices Christopher Dietzen and Wilhelmina Wright took no part in Wednesday's decision, which was written by Chief Justice Lorie Gildea. Justice Alan Page dissented. The decision in Wenthe may spell trouble for another priest under investigation for an alleged sexual relationship with a parishioner he was counseling. Rev. Mark Huberty went on leave in late September from his position as pastor of the Church of the Presentation of the Blessed Virgin Mary in Maplewood. A search warrant affidavit said a woman went to police May 1 and turned over 396 emails she said she exchanged with Huberty. A Maplewood police detective wrote that the correspondence led her to believe "that a sexual relationship did occur between Mark Hubert and (the woman) and at the time they were continuing to meet and discuss religious and Catholic faith issues." The case was referred to the Hennepin County attorney's office because Choi, the Ramsey County attorney, attended high school with Huberty. Hennepin County Attorney Mike Freeman said Wednesday through a spokesman that he "is still looking over the (Wenthe) decision" and will decide "in due course" whether his office will charge Huberty with a crime. Engh, who also represents Huberty, said previously that Huberty "has a markedly different perspective as to what happened" with the woman. Contact: egurnon@pioneerpress.com
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