By Ben Horowitz
The Star-Ledger
October 18, 2011
http://www.nj.com/news/index.ssf/2011/10/judge_nun_may_testify_in_trial.html
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| Sister Catherine Morrisett, left, sits in the witness stand as prosecutors and defense attorney's conduct and aside with Judge Thomas V. Manahan. The prosecution is trying to get permission for Sister Catherine Morrisett to testify in the trial of Jose Feliciano. Morris County Prosecutor Robert Bianchi says her testimony will disprove Feliciano's contention that he was having a sexual affair with the Rev. Edwards Hinds and that led to the stabbing. |
A nun who works as a therapist does not qualify for confidentiality privileges under state law and can testify about her counseling sessions with a former church custodian accused of killing a Chatham priest, a Superior Court judge ruled today.
Morris County Prosecutor Robert Bianchi plans to call Sister Catherine Morrisett during the murder trial, saying her testimony would contradict Jose Feliciano’s assertions that he stabbed the Rev. Edward Hinds of St. Patrick Church on Oct. 22, 2009, to end an unwanted sexual relationship.
Feliciano made those assertions in a confession to a prosecutor’s investigator. But now the video-recorded admission that he killed Hinds after the priest threatened to fire him for breaking off the affair may not surface after all.
Bianchi said in Superior Court in Morristown today that the prosecution "will not be bringing that statement out in our direct case."
The prosecutor called Feliciano’s description of the alleged four-year sexual liaison "a conglomeration of garbage" that was part of "an untrustworthy statement."
Judge Thomas Manahan ruled the defense may introduce the statement only if it calls Feliciano as a witness in his own defense because it otherwise would amount to inadmissible "hearsay."
Feliciano’s public defender, Neill Hamilton, had sought permission to use the statement. He would not say whether he plans to call Feliciano to the witness stand, but he was clearly disappointed by today’s ruling.
Hamilton acknowledged Feliciano stabbed Hinds, but he said he intends to prove it was a "passion/provocation manslaughter" and not a murder.
The attorney argued for an exception to the rule against hearsay in this situation. He cited a section of state law saying that because the confession went against the defendant’s best interest, "a reasonable person would not have made the statement unless he believed it to be true."
But Manahan said the statement does work in Feliciano’s interest because it makes it appear he was reacting against being "an unwilling participant" in a homosexual relationship and "he wanted it to stop."
Manahan issued his ruling regarding Morrisett’s lack of privilege after she testified about her qualifications and the type of therapy she provides.
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| Jose Feliciano peeks from behind Balin Baidwan, one of his two defense attorneys, during a hearing Tuesday in Morristown. The hearing focused on whether Sister Catherine Morrisett could testify about her counseling of Feliciano. |
Hamilton opposed letting the nun take the witness stand, saying her conversations with Feliciano were confidential and privileged.
But Manahan ruled Morrisett does not qualify for either of two privileges allowed by state law.
The judge said she does not qualify for the therapist-patient confidentiality privilege because she is not a licensed psychologist. Nor does she qualify for the "cleric-penitent" confidentiality privilege because she was not acting as a cleric during the counseling sessions with Feliciano.
The nun testified that although she is a pastoral psychotherapist, she does not work as a cleric. Her religious background was "incidental to the services she was providing," Manahan said.
Morrisett said her work follows guidelines set by the American Association of Pastoral Counselors, an ecumenical group that provides therapy to people of all faiths.
Morrisett, a staff therapist at the Grace Counseling Center in Madison, testified she counseled Feliciano and his wife in 2004. The issues that Morrisett talked about with the couple were not discussed in open court. Manahan held a closed session with Feliciano, Morrisett and the attorneys and ruled Feliciano may invoke a third privilege.
The judge would not say what that privilege is, but court officials said it will limit the questions that may be posed to Morrisett.
Morrisett testified that under the code of ethics she follows, her counseling work is confidential, but that exceptions may be made in the case of certain "legal issues," including sexual misconduct.
Asked by Bianchi if she would abide by a court order to testify, she replied, "I guess so," but also said she would need to consult with an attorney first.
Jury selection in the case is anticipated to be completed today and attorneys are expected to present opening statements Thursday.
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