Maplewood Priest Fondled Female Parishioner, Charges Say
By Emily Gurnon
A Maplewood priest has been charged with criminal sexual conduct for allegedly fondling a female parishioner and asking her to touch him sexually while giving her spiritual guidance. The Rev. Mark Andrew Huberty, 43, of the Church of the Presentation of the Blessed Virgin Mary was charged Tuesday in Hennepin County District Court. Huberty could not be reached for comment, but his lawyer, Paul Engh, said the priest "is disappointed to have been charged, but is looking forward to the trial." While meeting regularly with the woman to discuss issues raised in her catechism classes, Huberty asked her to be his friend, according to the criminal complaint. They had met in 2008, when the woman came to him for spiritual counsel after the death of a family member. He agreed to be her "spiritual adviser" at the time, the complaint said. Huberty "explained that a rule of their friendship was that any touching would be above the waist and over clothing," and he began to regularly visit her in her home, the complaint said. Eventually, Huberty began fondling her buttocks and breasts while hugging her, the complaint said. The behavior progressed to Huberty taking off his pants and asking the woman to stroke his genitals, charges said. That happened once in Duluth and three times at the woman's home, the complaint said. "When the victim questioned the appropriateness of this activity, (Huberty) assured her that it was only a venial, not a mortal sin, so it was OK," the complaint said. Other allegations in the complaint: From January through April 2013, the two met to discuss religious issues and saw each other for lunch dates, private meetings in the woman's home, at the church and in Huberty's car "where they could be alone to engage in sexual touching, sexual stimulation and sex act simulation over the clothing," the complaint said. Huberty told the woman that the touching-only rule would not apply while on vacation. They scheduled a trip together to a religious choral performance in Kansas City on April 12, but Huberty canceled six days before. The woman was upset. Believing she was becoming too emotionally dependent on Huberty, she called him to ask how she could remain involved in the church despite what they had done. "In a recorded telephone conversation," the complaint said, "(he) revealed that other women friends seemed to have no problem remaining active in the church when their relationship with him ended." Huberty allegedly advised the woman there was no reason to tell her husband about their sexual activity. "He admonished her to think about how it would negatively would affect (him) if she reported him to authorities," the complaint said. The woman brought her allegations to the Maplewood police May 1. Huberty was charged by summons; he is not in custody. The priest went on leave and was removed from the church rectory in September during the investigation. In a statement Sept. 22 on its website, the Archdiocese of St. Paul and Minneapolis said Huberty took leave because he had been accused by a woman of "inappropriate touching." He denied the allegations. The archdiocese said it learned of the allegations from another priest in late August and immediately began an investigation, spokesman James Accurso said in a statement Tuesday. "The archdiocese fully cooperated with all civil authorities in conducting their investigation, and Fr. Huberty was placed on leave from active ministry on Sept. 19," Accurso said. "As a result of today's developments, Fr. Huberty submitted his resignation as pastor of the Church of the Presentation of the Blessed Virgin Mary in Maplewood. Fr. Huberty will remain on leave (from any priestly duties) until the investigation is concluded." Until his leave, Huberty also served as a teaching parish supervisor for the St. Paul Seminary and a mentor for newly ordained priests. Huberty served as Presentation's pastor beginning in 2007. Before that, he served at St. Timothy in Maple Lake and St. Charles Borromeo in St. Anthony, according to Presentation's website. Huberty faces a felony charge of fourth-degree criminal sexual conduct. His first court appearance is scheduled for Dec. 18. Hennepin County is handling his case because Huberty was in the same high school class as Ramsey County Attorney John Choi. Prosecutors waited to charge Huberty until a Minnesota Supreme Court decision involving another priest. The Rev. Christopher Wenthe was convicted in 2011 of felony criminal sexual conduct for having sex with a 21-year-old penitent at Nativity of Our Lord parish in St. Paul while she was "seeking or receiving religious or spiritual advice, aid or comfort in private." But his conviction was overturned by the Court of Appeals, which ruling it was unconstitutional because it was "based on evidence that was excessively entangled in matters of religion." The Supreme Court ruled against Wenthe on Nov. 6. It upheld the state law barring clergy from having sexual contact with those in a counseling-type relationship, both in general and as it applied to Wenthe. In a statement Tuesday, Hennepin County Attorney Mike Freeman said Huberty's alleged conduct "is simply not proper conduct for a member of the clergy." "The conduct is of the type prohibited by law as a fourth-degree criminal sexual conduct and that is the way we have charged it in our criminal complaint," Freeman said. Other professionals, including psychotherapists, jail workers and massage therapists, also are prohibited by law from having sexual relationships with their clients.
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