Judge Upholds Lower Court’s Decision in Clergy - Penitent Privilege Case

Ionia Sentinel-Standard
March 29, 2012

http://www.sentinel-standard.com/news/x1184538255/Judge-upholds-lower-court-s-decision-in-clergy-penitent-privilege-case

Judge upholds lower court’s decision in clergy - penitent privilege case

After hearing oral arguments from the prosecution and defense, Eighth Circuit Court Judge Susanne Hoseth Kreeger agreed with the district court’s decision for Prominski to not face charges for failure to report in a suspected child abuse case in 2009.

“The circumstances that Prominski was presented with were unique,” said Kreeger. “(The victim’s mother) was seeking guidance. There was that expectation for privilege.”

After Kreeger stated her decision, those present in the courtroom started cheering. Supporters made their way to hug and shake hands with Prominski as they exited the courtroom.

“The people here are wonderful,” said Prominski, adding he was surprised by the amount of people who came to show support. “You can’t live in fear when doing God’s calling. Doing good for God and the people of the community, that is what I am called to do. You can’t minister in fear.”

The case stems from a 2009 incident, when a mother came to Prominski asking him to talk to her husband, who she suspected was sexually abusing her children.

During the hearing, it was stated that there was not enough information for Prominski to suspect abuse, and he counseled the husband over a period of several months. During that time, the husband never admitted or discussed abusing his daughters.

In 2011, the victim’s mother approached Prominski again, telling him that her daughter woke up in the night screaming, “I hate you, I hate you.” The victim then told the mother that she was being abused.

At that time, Prominski told the victim’s mother that if she did not report the abuse, he would have to.

The state argued that there was no difference from the 2009 and 2011 incidents, and that Prominski should have reported the incident in 2009.

Kreeger stated that in 2009, the victim’s mother approached Prominski as a minister and that clergy - penitent privilege did apply.

“She was asking for his service as a pastor, and in light of that, I find that privilege does apply,” said Kreeger. “She did not report conduct of touching himself or penetration. I do find she was approaching Prominski in his role as a pastor.”

Kristen Stinedurf, Ionia County Prosecuting Attorney, argued that the conversation was not privileged based on the fact that in 2009, the victim’s mother came to Prominski as a third party.

“The issue is to decide if there was a privilege in 2009,” said Stinedurf. “If, in 2011, there was no privilege, then there wasn’t in 2009. Was there that privilege? He got the information from a third party. The charge should be reinstated.”

Prominski’s defense attorney Bruce Block, said that the 2009 conversation between the victim’s mother and his client were different than when they spoke in 2011.

“It was not at all clear what happened in 2009,” said Block. “We have to look at what Prominski learned in 2009, not what we know now. John Prominski does not like child abuse. He wants to protect children. He is a minister of faith. In 2011 it was not privilege, but it was privileged in 2009.”

Prominski’s wife, Lisa Prominski, and Block are happy with the decision the court made Wednesday.

“He would only want to protect children,” said Lisa Prominski. “He made those judgment calls and was right.”

With the decision made, the Prominskis said they are looking forward to continuing to support the community through the church and expanding the church’s facility located on Main Street in Ionia.