Pastor that visited Casey speaks out.

[Sooner Fan#1]

IIRC, Stacy P's Pastor testified before the grand jury regarding a confessioin Stacy made to him in reference to Drew P's murder of his previous wife. He, also went on TV.

 

[Sooner Fan#1]

I believe it was allowed in as an "excited utterence"....I'll have to go back and get the link. However, I don't believe, in this case, that will happen, unfortunately.

 

[impatientredhead]

Clergy ARE mandatory reporters of child abuse and neglect.

I'm not sure if a confession of child murder is included in this or not... In my opinion, murder of a child would fall under child abuse, but I'm not sure if it applies to confession or not.

However, I believe clergy are not mandatory reporters of adult murder, but I could be wrong.

Their conversations are privileged and he cannot be compelled to testify. The situations you are referring to which allow a priest or therapist to violate the privilege rules come into play when they are put in a position of knowing a crime is going to be committed. They cannot allow someone to be harmed and hide behind privilege.

 

[sweetmop]

You know I am not sure this man willing spoke with the media. They probably tracked him down and he says two sentences.

I am not going to throw him to the wolves yet.

Rev.Stutzman's interview with WESH channel 2 is at this link.
http://www.wesh.com/video/18299501/index.html

 

[impatientredhead]

IIRC, Stacy Peterson's Pastor testified before the grand jury regarding a confessioin Stacy made to him in reference to Drew Peterson's murder of his previous wife. He went also went on TV.

He did so voluntarily though, and Stacy is presumed dead. Privilege after death gets into a grey area. My MIL's attorneys had things they wanted to tell the police that they knew from handling her divorce, there was some debate, and it was determined it remained privileged.

 

[curiositycat]

Rev.Stutzman's interview with WESH channel 2 is at this link.
http://www.wesh.com/video/18299501/index.html

Thank you sm!! Since the reporter was outside of the jail, would it be fair to think she got him walking out?

I think the only other thing he could have said was "No comment" and then I wonder what we would all have made of that?

It's a darned if you do, darned if you don't situation.

 

[Sooner Fan#1]

He did so voluntarily though, and Stacy is presumed dead. Privilege after death gets into a grey area. My MIL's attorneys had things they wanted to tell the police that they knew from handling her divorce, there was some debate, and it was determined it remained privileged.

That's very true. Again, IIRC, Illinois law revised their "heresay" laws and no one really knows if that testimony will ever see the inside of the courtroom.

http://www.foxnews.com/story/0,2933,313743,00.html

 

[Chezhire]

If she reveals to clergy that she committed the murder, he would have to come forward, just like a therapist. I believe clergy are also mandatory reporters.

I would imagine it is being recorded.

They are probably just discussing how her life will never be the same, whether in or out of prison

No, clergy are not "mandatory reporters" in regards to a murder that's already been committed. If they knew/believed that a murder was ABOUT TO BE COMMITTED, well that's a different story.

Anything Casey tells him is privileged. Period.

 

[Themis]

Another team player after fifteen minutes of fame. Hoping to fill his church on Sundays, maybe?

Very unethical to even speak with the media, IMO.

Along that line, JB should not speak with the media either. A prosecutor should not speak with the media (their client is the People of the State of Florida). There is a difference between disclosing something a parishoner (penitent) or client said in confidence and just generally commenting about what is already known by the public. The pastor's comments that things are unwinding slowly or words to that effect, are just comments about what is generally known in the media. That information did not originate with his parishoner/penitent.

 

[Themis]

No, clergy are not "mandatory reporters" in regards to a murder that's already been committed. If they knew/believed that a murder was ABOUT TO BE COMMITTED, well that's a different story.

Anything Casey tells him is privileged. Period.

Good point, Chezhire. The difference we are both stating here is that what KC tells the pastor is privileged, period. There are several factors to being a mandatory reporter. Each time there is a case that brings up the issue of privilege or mandated reporting, lawyers will again review the statutes with those particular facts of that case in mind. Since the exception to the privilege for mandated reporting finds its roots in the statutes, you must go to the statutes in order to fit within that exception. IF the reporting is broader than or outside of the statute, you risk advising an unauthorized breach of the privilege and that would be very bad news indeed.

 

[sweetmop]

Thank you sm!! Since the reporter was outside of the jail, would it be fair to think she got him walking out?

I think the only other thing he could have said was "No comment" and then I wonder what we would all have made of that?

It's a darned if you do, darned if you don't situation.

Yes, I too believe she grabbed him as he came out of the jail.
You're right about the darned if you do or don't deal.
I guess I just don't want to hear anything about Casey, is my main beef here!

 

[Themis]

That's very true. Again, IIRC, Illinois law revised their "heresay" laws and no one really knows if that testimony will ever see the inside of the courtroom.

http://www.foxnews.com/story/0,2933,313743,00.html

It's "hearsay." Just helping so we WSers are as smart as we can be since the "big" media is linking to us. Don't stop participating! We can certainly help each other.

 

[Themis]

Florida Evidence Code

Title VII EVIDENCE

Chapter 90 EVIDENCE CODE


90.801 Hearsay; definitions; exceptions.--
(1) The following definitions apply under this chapter:
(a) A "statement" is:
1. An oral or written assertion; or
2. Nonverbal conduct of a person if it is intended by the person as an assertion.
(b) A "declarant" is a person who makes a statement.
(c) "Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
(2) A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement and the statement is:
(a) Inconsistent with the declarant's testimony and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
(b) Consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of improper influence, motive, or recent fabrication; or
(c) One of identification of a person made after perceiving the person. History.--s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 19, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 2, ch. 81-93; s. 497, ch. 95-147.

 

[countzero]

Does anyone know if Fla corrections requires clergy to be approved or can any clergy visit an inmate?

Here, clergy have to be approved by corrections and they need to take a course on interactions with inmates.

 

[Sooner Fan#1]

It's "hearsay." Just helping so we WSers are as smart as we can be since the "big" media is linking to us. Don't stop participating! We can certainly help each other.

I appreciate the help! Need all i can get, I know there was some confusion initially when it all came out. I read here daily, but due to work load, barely have time to pop in from time to time and say "howdy" to all.:blowkiss:

 

[surini59]

ok I am confused. She is "hopeful" of what?

Probably hopeful she'll get another goody bag!

 

[marla]

The pastor, Thomas Shane Stutzman, is the only pastor permitted to visit Casey and can only do so once a month in an in-jail official visit which is not recorded.
http://www.myfoxorlando.com/myfox/p...n=3&locale=EN-US&layoutCode=TSTY&pageId=3.2.1

Thanks for clearing it up! :seeya:

 

[WholeLottaRosie]

If Casey "confessed" to this Pastor, he cannot come forward and say anything. He can only do his best to convince her to confess to authorities. Also, their visits are not recorded.

Not necessarily. Courts in this country, and, I do know there was a case on point in FL a few years back, have held that only in faiths where confession is an integral part of the faith (for example, Roman Catholic) is a confession or talk with clergy confidential. Other cases, well, if you confess to a pastor/clergy you can't expect confidentiality. They can be called to testify and if they choose not to, they can be held in contempt and will have to have the ability to pay counsel to fight a battle for them, that probably won't be won.


ETA - I could be wrong, the court case in FL may have been overturned. I still do think it varies, and I wouldn't depend on it.

 

[MaryAnn]

Stutzman said Casey Anthony remains hopeful despite the murder charge and word on Tuesday that investigators found even more bones at the crime scene.

Casey Anthony remains hopeful despite the murder charge ??????????????? WTH ??????

You got to be frikin kidding me!!!!

that my was reaction!! I had to read it a couple of times. the "baby killer" remains hopeful. Of course, it's all about KC thinking she's going to get away with murder. I hate her!!!!! Instead of saying "OMG I hope and pray the remains aren't of Caylee", she's only thinking of herself and getting out of jail. I think we can count on one hand how many people in the world like this woman, she's probably safer in jail at this point. Hum.... maybe they should let her out...

 

[Chezhire]

Not necessarily. Courts in this country, and, I do know there was a case on point in FL a few years back, have held that only in faiths where confession is an integral part of the faith (for example, Roman Catholic) is a confession or talk with clergy confidential. Other cases, well, if you confess to a pastor/clergy you can't expect confidentiality. They can be called to testify and if they choose not to, they can be held in contempt and will have to have the ability to pay counsel to fight a battle for them, that probably won't be won.


ETA - I could be wrong, the court case in FL may have been overturned. I still do think it varies, and I wouldn't depend on it.

In Louisiana, we have a specific statute, LSA-C.E. art. 511, that codifies the privilege, which is absolute unless waived. Most states have a similar statute, so I don't know what states you are referencing when you say "courts in this country." I would imagine FL has something similar in its Evidence Code, if you have access to Westlaw.