April 13, 2006

Fushek sex charges aren't tossed out

The Arizona Republic

Jim Walsh
The Arizona Republic
Apr. 13, 2006 12:00 AM

A judge Wednesday refused to throw out a series of sex charges against the former pastor of St. Timothy's Catholic Church in Mesa even though his attorney argued that the evidence was protected by the seal of the confessional.

San Tan Justice of the Peace Sam Goodman rejected arguments by Monsignor Dale Fushek's three defense attorneys that his conversations about sex with a series of victims were during confessions and protected by the First Amendment's right of free speech.

Goodman did not explain the reasons for his ruling, which leaves Fushek facing five counts of contributing to delinquency of a minor, two counts of indecent exposure and three counts of assault. advertisement

Goodman in February granted a defense motion freeing Fushek from wearing an ankle monitor.

Posted by kshaw at April 13, 2006 03:17 AM