DETROIT, Feb. 10 (UPI) -- A three-judge appellate panel in Michigan is mulling over a case that could affect whether conversations between a pastor and parishioner remain privileged.
The case involves Pastor John Vaprezsan of Metro Baptist Church in Belleville, who testified last March that a 17-year-old member of his congregation had admitted in 2009 to raping a 9-year-old girl two years earlier. The teen's mother was present at the meeting.
Raymond Cassar, the attorney for the youth, Samuel Bragg, contended during arguments before the appeals panel Thursday that the confession was privileged communication and should not have been used in court, The Detroit Free Press reported.
"[Bragg] had every reason to expect that it was a privileged conversation," he said.
But Wayne County Assistant Prosecutor Toni Odette countered that because Bragg's mother was present the right to confidentiality was gone.
Odette also noted that during a preliminary hearing the pastor testified he considered the communication was confidential, but said he had not violated church doctrine.
Michigan's law regarding priest-penitent privilege states: "No minister of the gospel, or priest, of any denomination whatsoever … shall be allowed to disclose any confessions made to him in his professional character, in the course of discipline enjoined by the rules or practice of such denomination."
Judge Elizabeth Gleicher said allowing Vaprezsan's testimony could mean trial judges would have to hold separate hearings when such issues come up.
"I don't think that's what the legislation intended," she said.
The judges are expected to rule within a few weeks, the News said.
