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  Court Overturns Former Priest's Sex Misconduct Convictions

By Heather J. Carlson
Associated Press, carried in KansasCity.com [Jefferson City MO]
April 26, 2005

JEFFERSON CITY, Mo. - The state Supreme Court on Tuesday overturned the sexual misconduct charges of a former priest and elementary school counselor, ruling the state law under which he was charged was unconstitutionally broad.

On a 4-3 decision, the court ruled there is insufficient evidence to prove that James Beine, a counselor at St. Louis's Patrick Henry Elementary School in 2000 and 2001, committed sexual misconduct when he urinated in a school bathroom in front of three male students.

He had worked as a counselor in the city schools for more than a decade before resigning at the time of his arrest. He was dismissed from the priesthood in 1977 over allegations of sexual abuse.

To commit sexual misconduct by indecent exposure, state law requires that the genital exposure was done "in a manner that would cause a reasonable adult to believe that the conduct is likely to cause affront or alarm to a child less than 14 years old."

The court's majority opinion, written by special Judge Charles B. Blackmar, stated there is no evidence Beine's urinating in front of the boys caused them to suffer "affront" or "alarm."

Blackmar also called the state's sexual misconduct statute "patently unconstitutional" and too broad because any man using a bathroom in front of children younger than age 14 could be charged with sexual misconduct. He said the law fails to consider someone's intent and "leaves adults in a state of uncertainty about how they may take care of their biological needs without danger of prosecution when a child is present in the same public restroom."

In an opinion by Judge Laura Denvir Stith, the three dissenting judges disagreed that the law is too broad, saying it applies only to those who "knowingly" cause affront or alarm to a child. Stith concluded there was sufficient evidence to find Beine guilty on two counts of sexual misconduct.

Beine's attorney, Lawrence Fleming, said Tuesday that his client did nothing wrong by using a urinal in a school bathroom.

"I think the statute should be rewritten," Fleming said. "There is no question we need to protect our children against predators, but we have to do it the right way."

Fleming said the charges against his client surfaced during media coverage of the priest sex abuse scandals, which he claimed made it impossible for Beine to get a fair trial in St. Louis.

Scott Holste, a spokesman for Missouri Attorney General Jay Nixon, said the office had no specific comment on the court's decision but added: "We are going to communicate this ruling to the General Assembly so legislators can look at applying a fix to the statute in question."

Beine's case dates to spring 2001, when he allegedly exposed himself to two male students while using a urinal. On another occasion, a third male student said Beine exposed himself while using a urinal when he turned around to tell a group of boys entering the bathroom to "shut up." One of the three boys alleged Beine had exposed himself a second time while using a urinal.

Beine was convicted on four counts and was sentenced to 12 years in prison. Beine was also convicted of possessing child pornography, but that conviction was overturned in December, with an appeals court ruling that investigators illegally seized key evidence against Beine.