THE CHAPLAIN'S BACKGROUND: A sworn full-time police officer for 26 years, 16 as a Sergeant. Ordained as a Roman Catholic Clergyman 7 yrs. Since that time has served the department as chaplain. In the department has two roles: Training Coordinator (paid) and Chaplain (volunteer, not paid).

THE INCIDENT: "On the 14th of February at 12:45 a.m. I was called at my home by the Watch Commander to report to 39 Livingstone Ave. , on a report of a possible suicide. This call came from the Captain of Detectives who knew that I knew the family from prior problems involving both the Captain and me. I was attired as follows: I wore a green parka, a black cap with the ICPC logo, a dark blue clerical shirt and collar, and light blue dress jeans with brown shoes.

"I reported to the Captain. He said, "This may not be suicide, do you have a problem with that ? I responded, "No." I entered the rear bedroom and blessed the body of the 15 year old girl. I prayed and counseled the 14 year old sister, the father and the mother, collectively and individually as they were being interviewed, while I was seated on the sofa.

The officers present at this time were: 1 Captain, 1 Detective, 1 Sergeant and 3 Patrolmen from my department; 2 State Police Detectives and finally 4 State Police Lab Technicians.

"After the lab boys were done, and at the request of the family, I called their youth minister ...he knew both the girls very well. So he took the mother and the 14 year old to a friend's house. The father stayed with me and we decided to clean the house, because the family would be returning later in the day. (This was a shotgun blast to the abdomen, which destroyed the liver, etc. The girl had bled to death. we estimate that she lived 15 minutes after the shot...so you can picture the mess...)

"As we began, the pastor of the 2nd Church, colleague of the youth minister, arrived and he ministered to the father. I started the clean up and was pretty much done when they joined in. The house was secured at 6 a.m.

"On the 16th, two days later, the mother of the dead girl asked the Nursing Supervisor of the ICU unit where she had been hospitalized for an overdose to call me. She wanted to see "the Police Chaplain." I responded in uniform. We had a privileged conversation.

"On the 17th I received a call from the youth minister who stated that the mother wanted to see him and me (as a clergyman). This was the morning of the funeral. In the bedroom of her friend's house the mother spoke to both of us, again in what I call a privileged communication.

"At no time did I reveal this to the Detectives from my department or the State. One month later, through their investigation they found out that I was involved. They got very upset and demanded a formal statement. So I did tell them that I had met and had conversation with the mother, but did not say what. I told them it was confidential. The only reason that I had kept quiet was so their investigation would be independent of my information. And I believe that they have a very strong case based on circumstantial evidence, and some physical evidence.

"This, however, drew the ire of the District Attorney, who stated that I cannot be a Police Officer and a Clergy man at the same time. I am one or the other. So they investigated my "ordained" status in the Roman Catholic Church, through the chancery office. I am an "Ordained Deacon", a "Rev. Mr.," an Ordained Priest... The D.A., who is not of the Christian faith, started his own investigation and consulted the attorneys for the Archdiocese to ascertain if I am a "Clergyman" and if the State law on "Privileged Communication" applies. The attorneys replied in the affirmative and also told the D.A. they would represent me in all proceedings. Next the D.A. attacked my status as "Chaplain", asking who made my chaplain, when, how I was appointed, rules, regulations, i.e. the whole ball of was. And if that wasn't enough they started in on me with the "Mandated Reporter" law. In this state, being a cop or a clergyman you are by law a mandated reporter, and so must report all matters of "child abuse", etc. I declined to file such a report.

The next step, by State law, is for a judge to serve as the final arbiter to determine if, in fact, the information you have is "privileged". So the D.A. has scheduled and inquest and I an under summons to the week of the 23rd through 27th."

CHAPLAIN'S COMMENTS ON THE CASE: "There is great anger in the community. This popular 15 year old cheerleader is dead. Everyone on the streets, because of their personal knowledge about the family, etc. know or believe that the mother killed her daughter. The police have probable cause from day one, but not enough evidence for a conviction, so the D.A. won't touch this with a ten foot pole. Al the anger of the community, and of the D.A., is being directed at the police investigators. And their frustration is being directed at me. At least Rev._________(the youth) minister is in his "Christian environ" being supported and uplifted. I am living in the Lion's Den.

Some of the arguments being posited:

"The positive: the Archdiocese will defend the "clergy role". I have hired the attorneys that work for the [State] Police Association, in case I an suspended for malfeasance or misfeasance, or anything else that they can conjure up.

"THE PAIN: All the good that I have tried to accomplish in my 7 years may go down the tubes. I am prepared to go to jail if I am held in Contempt of Court for not testifying to the privileged communication.

"The police case is deadened and I am the scapegoat.

"MY DEFENSE: A. My attire that night speaks for itself. Dressed as a clergyman, I could not possibly have assumed the role of police officer. B. They had 8 officers there already and 4 more on the way. They didn't need me. C. They did not pay me overtime, as required in our contract, for the 7 hours. So obviously I was a chaplain, not a cop. D. This case is unique - 1 in a 10 - because in my mind and in her mind we had a prior pastoral relationship. Had this been any other family, this would not have happened."

FURTHER CHAPLAIN'S REFLECTIONS -LESSONS TO BE LEARNED:

THE OUTCOME: The judge ruled in favor of the chaplain and privileged communication.

The foundation for deciding the chaplain was an ordained clergyman was based on a Federal Court case. Buttecali vs. United States , Circuit Court of Appeals, Fifth District, July 9, 1942 . This States: "Generally, a duly "ordained minister" is one who has followed a prescribed course of study of religious principles, has been consecrated to the service of living and teaching that religion through on ordination ceremony under the auspices of an established church, has been commissioned by that church as its minister in the service of God, and generally is subject to control or discipline by council of the church."


THREE FURTHER CONSIDERATIONS:

2. If you are not ordained or licensed, discuss this with a lawyer NOW. You are probably NOT covered under the privileged communication law and could be required to testify in court. You can still function as a chaplain, but must warn anyone that you do not have the "seal of the confessional".

3. Many states have mandated reporter laws. Are you included in yours as a clergy person or chaplain? CHECK IT OUT. There's a very thorny problem here if you have privileged communication and yet are a mandated reporter.