Sex-crime Conviction of Priest Reversed

By Emily Gurnon
Pioneer Press
April 7, 2014

http://www.twincities.com/crime/ci_25513138/st-paul-priests-sex-crime-conviction-reversed

The criminal sexual conduct conviction of a former Nativity of Our Lord priest has been reversed and the case sent back to the lower court for retrial.

The Minnesota Court of Appeals ruled Monday that the trial judge made errors in the case of the Rev. Christopher Wenthe.

Wenthe, 49, was convicted in 2011 on one count of third-degree criminal sexual conduct. He had a sexual relationship with an adult woman from his St. Paul parish during a meeting in which she "sought or received religious or spiritual advice, aid or comfort" in private, the jury found.

But, agreeing with Wenthe's defense, a three-judge panel of the appeals court determined that Judge Margaret Marrinan made several errors when she did not tell jurors they must agree on which particular meeting between priest and victim was the one in which she sought or received spiritual advice or aid; did not instruct the jury that the state must prove Wenthe knew the woman sought or received spiritual advice during the sexually infused meeting; and barred evidence about the woman's sexual history from being presented by the defense after the state "opened the door" to it by eliciting testimony of her sexual inexperience.

The appeals court reversed the conviction and sent the case back to Ramsey County District Court for a new trial.

Paul Engh, attorney for Wenthe, said Wenthe was thankful for the court's decision.

"Now the jury will be properly instructed, and there will be a complete cross-examination," Engh said.

Engh argued that he should have been able to ask the victim more questions about her sexual history after the state initiated questions of that sort.

The victim testified under direct examination that she was sexually inexperienced and a virgin at the time of the relationship with Wenthe.

Engh wanted to cross-examine her on that topic but was not allowed to. He argued that Wenthe's knowledge of her sexual history informed "his intentions as the relationship progressed."

Ramsey County Attorney John Choi said in a statement that he respects the court's action. However, "this decision is a tough one to accept because I believe that the district court judge and the prosecutors in this case took extraordinary care in dealing with all of the complex legal issues at trial."

Choi said he was especially concerned at what he called "the introduction of a brand new element to future criminal sexual conduct cases involving vulnerable victims" -- proof that the defendant knew the victim was seeking spiritual or religious advice during the particular meeting.

He said he doubted the Legislature "ever intended this outcome" in cases where an inherent power imbalance exists, such as that between clergy member and vulnerable person. Wenthe's is one such case, he said.

The state has three choices: it could appeal the Court of Appeals decision to the Minnesota Supreme Court, retry the case or dismiss the charge.

All are possibilities, county attorney's spokesman Dennis Gerhardstein said.

Choi said he was considering the next steps "in the context of what is the best course for the public's interest and the victim's perspective."

Wenthe admitted at his 2011 trial that he had sex with a 21-year-old member of his St. Paul parish. She testified that Wenthe agreed to be her confessor and that she told him about her struggles with an eating disorder and previous sexual abuse. She said that she trusted Wenthe because he was a priest and that he exploited her vulnerability.

The relationship lasted from November 2003, when Wenthe was 39, until February 2005.

Wenthe's case has had a roller-coaster ride on appeal.

He appealed his conviction to the Court of Appeals in 2012. The appellate court agreed with him that the conviction was "based on evidence that was excessively entangled in matters of religion," in violation of the First Amendment separation of church and state. It sent the case back to district court.

But the state appealed that decision, and the Supreme Court agreed with the prosecution. It held in November 2013 that the clergy-sex statute was constitutional in general and as applied to Wenthe.

The Supreme Court sent the case back to the Court of Appeals, which issued its ruling on the other issues Monday.

Emily Gurnon can be reached at 651-228-5522. Follow her at twitter.com/emilygurnon.