As I see it, what matters most to Louisianians — aside from football and food — is religion.
As a whole, we’re a devout bunch. Though we know how to sin, we know better how to confess. And while we could never be sure, given their absolute confidentiality, I’d venture that Louisianians’ confessions are, without a doubt, the juiciest of all.
They are confidential, right?
“No matter what it is, even if it’s illegal,” New Orleans Archbishop Gregory Aymond told WWL. “I am bound by church law, by Canon law and by what we call ‘the seal of confession’ to tell no one.”
As it turns out, though, a Michigan Court of Appeals is actually debating the admissibility of one such confession, which was used as evidence in a criminal case involving the sexual abuse of a 9-year-old girl.
According to court documents, the accused Samuel Bragg, 19, confessed to Rev. John Vaprezsan of Metro Baptist Church in Belleville, Mich., that he assaulted the girl during a sleepover at his home in 2007.
Vaprezsan subsequently revealed Bragg’s confession to Belleville police, testifying that church doctrine didn’t prevent him from doing so, and Bragg was ordered to stand trial on a first-degree criminal sexual conduct charge. The crimes carry a maximum penalty of life imprisonment.
Vaprezsan’s testimony represents a significant portion of the prosecution’s case, but judges Pat Donofrio, Patrick Meter and Elizabeth Gleicher appeared reluctant Thursday to allow it as evidence, citing Michigan’s “priest-penitent privilege.”
While there’s no timeframe for a ruling, the case has sweeping national implications for the “confessional privilege” rule of evidence and, regardless of the court’s decision, is likely to be further appealed to the Michigan Supreme Court — and possibly beyond.
Confessional privilege, otherwise known as clergy privilege, ecclesiastical privilege and, as Aymond related, the “seal of confession,” forbids legal inquiry into the content — or existence, even — of the various communications between clergy and penitents.
Needless to say, if faith can move mountains, proverbially, this rule of evidence probably isn’t going to budge.
As the appellate judges expressed, admitting the confession creates a nightmare for trial judges having to determine on a case- by-case, denomination-by-denomination basis whether the clergy’s statements about such confessions could be used in prosecution of the laity.
On the other hand, disallowing the confession effectively cripples the prosecution’s case, setting the stage for Bragg — who’s guilty by all accounts — to be acquitted.
Here’s my confession: if we’re to choose between the sanctity of religion and the miscarriage of justice, then we’d better side with the latter.
In other words, I’m much more inclined to absolve Vaprezsan’s indiscretion than Bragg’s. I’d rather the seal of confession broken than the scales of justice.
There’s a lot more at stake in this particular case than the soul of the confessor. Forgive me the sin of not being concerned with Bragg’s salvation — it simply doesn’t mean anything to me — just as I’m sure it means less to the 9-year-old girl he assaulted.
But more generally, confessional privilege represents a kind of perversion of the justice ideal. That anything so subjective and immaterial as religion and “spiritual healing” could possibly take precedence over the swift and expedient enacting of justice is, quite frankly, sinful.
While it’s true that confessional privilege is a necessary extension of freedom of religion, Bragg lost that very right upon violating a child and threatening to kill her if she told anyone.
Justice “in heaven” is simply not as desirable — nor guaranteed, for that matter — as justice on earth.
“This is a very dangerous case because it could have very serious repercussions for religion,” Bragg’s lawyer, Raymond Cassar, said Tuesday. “If a pastor is allowed to testify against a member of his church about privileged communications, no one will want to confess their sins to their pastors anymore.”
Somehow, I think we’ll be forgiven.
Phil Sweeney is 25-year-old English senior from New Orleans. Follow him on Twitter @TDR_PhilSweeney.
 
—-
Contact Phil Sweeney at [email protected]