Judge overseeing lawsuit accusing Church of Jesus Christ of Latter-day Saints of conspiring to cover-up child sex abuse rules church may not refuse to answer questions or turn over documents under the state’s “clergy-penitent privilege.”
An Arizona judge overseeing a high-profile lawsuit accusing the Church of Jesus Christ of Latter-day Saints of conspiring to cover-up child sex abuse has ruled that the church may not refuse to answer questions or turn over documents under the state’s “clergy-penitent privilege.”
“Taken together, Adams’ overt acts demonstrate a lack of repentance and a profound disregard” for the principles of the church, widely known as the Mormon church, Cardinal said in her ruling. “His acts can only be characterized as a waiver of the clergy-penitent privilege.” “The judge’s order applies to the church’s secret records and to what happened at the secret ex-communication hearing,” said Lynne Cadigan, an attorney for the three children who filed suit.
“The privileged information will have been disclosed and it would be impossible to ’un-ring the bell,” the church said.In a motion filed earlier this year asking Cardinal to dismiss the case, the church said its defense “hinges entirely” on whether bishops John Herrod and Robert “Kim” Mauzy were required to report Adams’ “confidential confessions” to civil authorities, or were excused from reporting requirements under the privilege.
The Church of Jesus Christ of Latter-day Saints issued a statement late Wednesday that said, “The AP story has significant flaws in its facts and timeline, which lead to erroneous conclusions.” The sealed records, including sworn statements by high church officials, revealed that all records of calls to the help line are destroyed at the end of each day. They also showed that Mormon church officials consider all calls referred to attorneys with the firm Kirton McConkie, which represents the church, to be confidential under the attorney-client privilege.
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