BishopAccountability.org
 
  Priest Found Not Guilty in Sexual Assault Case

By Erica Molina Johnson and Stephanie Sanchez
El Paso Times
May 16, 2008

http://www.elpasotimes.com/news/ci_9276125

he Rev. Philip Taban stood and hugged his lawyer Thursday afternoon moments after a jury found him not guilty on charges of sexual assault.

Taban had been accused of sexual assault by an 18-year-old woman he met in 2007 while working at an East El Paso church as a visiting priest during the summer.

Prosecutors tried to prove that Taban, as a priest, exploited the woman's emotional dependency to get her to submit to sex.

Defense lawyers argued that the sex was consensual and that there was no emotional dependency when the intercourse occurred.

"I don't think he ever fully grasped the way we administer justice," said Taban's court-appointed lawyer Luis Aguilar. "He didn't know if he would get a fair trial in this country as a foreigner."

Taban, who is from Uganda, was found not guilty by a jury of nine women and three men after more than eight hours of deliberations over two days.

Aguilar said Taban was found not guilty on six counts of sexual assault -- three counts by force and three by emotional dependency.

"After two hours of watching a movie with a man she just met, there wasn't any emotional dependency," Aguilar said.

District Attorney Jaime Esparza said he accepted the jury's verdict.

"The jury did not agree with the theory of the case" that emotional dependency was present, he said. "It was very clear that there were sexual relations between the two. It was just a matter of whether

or not the priest exploited the relationship with her and that she had an emotional dependence because of that."

Esparza said cases such as this are rare and must be evaluated individually.

"The jury got to hear the evidence, and I'm very satisfied they heard the entire case and used their best judgment," he said. "In the future if this happens again, we'll take it to a jury."

A small group of parishioners from St. Frances Xavier Cabrini Catholic Church, the parish where Taban had served in 2007, have been supporting him throughout his ordeal.

"I think it's justice finally being served," parishioner Luis Gallegos said. "We understand as Catholics he had done wrong, but that's between him and the church. He made a mistake, but it was not something that should have been punished legally."

The church in El Paso took actions soon after the accusation was made last fall.

"He lost his permission to function as a priest in the Diocese of El Paso on September 7, 2007," said the Rev. John Stowe, moderator of the curia for the Catholic Diocese of El Paso.

He said Taban remained a priest with the Diocese of Arua in Uganda.

"It will be up to the bishop of that diocese to determine" whether he can continue to serve as a priest there, Stowe said.

Taban's supporters said they must continue to stand behind him.

"Sometimes you put too many expectations on priests, but they're men and they're subject to temptation," Gallegos said. "We need to support them as men with their imperfections."

Gallegos said that throughout the time Taban was jailed, the priest remained in good spirits.

"He never lost his faith," Gallegos said.

Taban was visibly relieved after the jury returned the verdict.

"Thank you, Jesus," Aguilar said after the verdict was read.

Judge Sam Medrano of the 409th District Court wished Taban luck at the end of the trial.

Although Taban has now been cleared of all criminal charges, his immigration status is in limbo. Aguilar said Taban's visa expired while he was incarcerated.

He was due to be turned over to U.S. Immigration and Customs Enforcement after he was processed out of jail.

"He will be deported to Uganda," Aguilar said.

ICE spokeswoman Leticia Zamarripa said Taban had not been booked into the detention center Thursday evening. Details of whether he would be booked were unknown, she said.

Generally, Immigration and Customs Enforcement officers go through El Paso County jails and put detainable holds on undocumented immigrants.

"If a foreign national who entered the country legally with a visa allows his visa to expire, then that means his visa is out of status," she said. "They are returned to their country of origin."

Usually, she said, the countries require documentation, so the person cannot return until the process is complete. The time frame of the process varies, she said.

Supporters said that they would continue to help Taban and that they regret that he had to spend several months in jail.

"It's a shame. It goes to tell how much not being completely honest can hurt a person," Gallegos said.

"It's something that worries me as a man. The justice system needs to look at this and learn from this."

Erica Molina Johnson may be reached at emolina@elpasotimes.com; 546-6132.

Stephanie Sanchez may be reached at ssanchez@elpasotimes.com; 546-6137.

 
 

Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.