Tuesday, May 09, 2000
Law backs priest's secrecy
He declines to testify against his assailant
By Richelle Thompson
The Cincinnati Enquirer
The Rev. Charles “Chuck” Mentrup can keep his secret. He has to keep it. Church law demands this of him, and Ohio law protects his silence.
Mentrup
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Finefrock
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Father Mentrup, principal of Middletown's Bishop Fenwick High School, told police he will not testify against the man who stabbed him in the stomach Friday. Without the priest's testimony, police say it will be hard to make the charge against Marcus Andrew Finefrock stick.
While Father Mentrup remains in good condition in Middletown Regional Hospital, Mr. Finefrock, 25, of Columbus, was arraigned Monday on a felonious assault charge. Mr. Finefrock attended Archbishop Alter High School in Kettering, near Dayton, when Father Mentrup was athletic director there. The stabbing took place in the priest's house.
Father Mentrup cited “the seal of the confessional,” which would forbid him from revealing information about the attack if it took place during the sacrament of confession. Information told to a clergy member during “religious counseling,” which includes confession, is considered confidential under state law.
At the root of church and civil laws is the notion that without a promise of confidentiality, people may not confess wrongdoing or try to get help.
“In a society where you have somebody out there walking the streets with a troubled mind, are we better off with that person seeking no help whatsoever and not knowing what's he done or might do?” asked University of Cincinnati law professor Dr. Christo Lassiter. “Or (are we better) having this person seek help with counseling?”
The incident raises the question of whether a priest would ever be justified in breaking the confidentiality of confession. What if a person confessed to murder or talked of plans to molest a child or blow up a building?
Roman Catholic law says there are no exceptions.
“The sacramental seal (of confession) is inviolable; therefore, it is a crime for a confessor to, in any way, betray a penitent by word or in any other manner for any reason.”
A priest who reveals information from a confession ultimately could be excommunicated, said Dr. William Madges, a theology professor at Xavier University.
“What a responsible priest does in the situation is try to convince that person to divulge information to someone else or encourage them to get other counseling,” he said.
Roman Catholics believe confession is a conversation between an individual and God, said Dr. Mary Gautier, senior research associate at the Catholic research center at Georgetown University in Washington, D.C. The priest is standing in as mediator.
“It is very important that Catholics understand that whatever they say in the confessional won't go any further,” said Dan Andriacco, spokesman for the Archdiocese of Cincinnati.
“We think it's important that you can confess freely for the forgiveness of sins.”
While confessions normally take place in church, Mr. Andriacco said priests hear confessions in any number of unusual places, including their homes.
Most Protestant churches don't have specific laws mandating that clergy remain silent about information learned during confession. But there is an expectation of confidentiality during pastoral counseling. The Episcopal Church, like the Roman Catholic, considers confession a sacrament and forbids pastors from divulging information.
Civil law also recognizes “privileged communications” within other relationships, including between attorney and client, husband and wife, and doctor and patient.
In Ohio law, there are no exceptions to “privileged communication” between clergy and an individual, said Dr. Glen Wiessenberger, a UC law professor.
Whether the protection of church law extends to the identity of a confessor — or assailant — is a murkier issue.
“My understanding of the law is that it's not the identity, but the content of the confession (that's protected),” Dr. Gautier said.
Church law doesn't specifically address whether the name of the person is protected, Mr. Andriacco said. That's up to interpretation and the conscience of the priest.
Father Mentrup's case isn't the first time the law has been tested here.
More than 20 years ago, a priest at St. Lawrence Church in Price Hill faced a similar predicament. Father Angelo C. Caserta refused to tell police information about the abduction and beating of a Colerain Township woman.
Police later charged a Delhi Township man with the attack. Ray Niemer pleaded guilty to rape and burglary charges and was sentenced to 11 to 50 years.
Janet C. Wetzel contributed to this report.
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