Mississippi Church argues "minister-penitent privilege" in refusing to disclose information on a confessed pedophile to the authorities

If you have not been following this story let me sum up. Seven children have accused John Langworthy of molesting them in the 1980's. The first five were molested by Langworthy between 1980 and 1984 in the Clinton and Jackson area of Mississippi.  These children attended First Baptist Church of Jackson and Daniel Memorial Baptist Church in Jackson where Langworthy was heavily involved in their youth choirs.  He used the churches to befriend the boys and gain access to them. [1]  Langworthy was the babysitter of at least one of the boys. [2]

Two were later molested at Prestonwood Baptist Church in the summer of June,1989. Dr. Jack Graham had just become pastor back then. When the church found out they fired Langworthy immediately, launched their own investigation, but did not notify the police in accordance with Texas law.  Langworthy left Texas and went back to Mississippi where he led youth choirs at a church and a public school.  He eventually became a youth music minister at Morrison Heights Baptist Church.

Only knowing about three victims, Amy Smith, a former staff member at Prestonwood, began warning anyone who would listen about Langworthy's molesting. Eventually she joined the non-profit group Survivors Network of those Abused by Priests, or SNAP.  For the last year she used social media to try to get the message to the public school and Morrison Heights about their staff member's previous abuses of minors. The church members began to ask questions and the elders investigated. Langworthy was allowed to voluntarily resign though not under the request of the church or the elders.[3]  The District Superintendent said that he first knew about the allegations last August, but was unable to do anything since there was no evidence.  Langworthy did not return this Fall 2011 to direct the Arrow Singers, a school choir.[1]

Last August, Langworthy took to the pulpit and shockingly confessed to abusing children in Texas and Mississippi in the 1980's.  However, he promised that the abuse stopped after his dismissal from Prestonwood in the summer of 1989. [3] Since then he was arrested and charged with seven felony counts of gratification of lust for the five children in Mississippi.  

Now that you know the story, here is what this blog is about:

WAPT says a grand jury this week is considering whether to bring criminal charges against Langworthy, who until this year also taught in public schools. Prosecutors say if Langworthy told church leaders anything about the case it is material evidence in a criminal investigation and ought to be presented to the grand jury.

Phillip Gunn, the church’s attorney and an elder, told the station that Langworthy’s discussions with church leaders are protected by minister-penitent privilege and if revealed the church could be sued.

"There is a privilege, under the law, that anyone who divulges information to their pastor with the intent of it being confidential, that invokes a privilege and the pastor by law cannot divulge that information," Gunn said.

Hinds County Assistant District Attorney Jamie McBride said he doesn’t think the information is privileged, because Langworthy’s admission was so public and an elder told the congregation they had conducted an investigation.

Mississippi law requires that any minister with “reasonable cause” to suspect abuse or neglect of a child to report it immediately by telephone and as soon as possible in writing to the department of human services.

Asked by WAPT reporter if he might subpoena the church to a courtroom to make their argument, District Attorney Robert Smith said: “Well, that’s certainly an option. We’re actually exploring our options.”

Christa Brown, an advocate for victims of sexual abuse by clergy and former appellate attorney, said she viewed the church’s argument for privilege legally “tenuous.”

“Even if it is a possibility as a legal argument, that doesn’t necessarily make it a morally right argument, particularly when it’s an argument being asserted by the church,” Brown said.

Church leaders have reportedly encouraged anyone with knowledge of sexual abuse to come forward and offered to help pay for counseling for anyone who needs it. [1] 

Shockingly the church is claiming confidentiality on what they learned from Langworthy. Remember they and Prestonwood did not turn him over to the police when they found out about the sex abuse. This is mandated by both Mississippi and Texas law. If he did not publicly confess, the prosecutors would not have an opportunity to pursue justice. You can argue that the church gave him the pulpit, but still they did not notify the police. Quite frankly the church should cooperate with this investigation completely for their congregation's sake and any other victims' sake. I am unconvinced that he stopped with seven.

What do you think?

Update: 9/9/11 1:00pm Correction it was 7 children, not 8. 2 in Texas and 5 in Mississippi.
Update: 7/24/12 9:36pm I corrected the second sentence so that it was not misleading. With the exception of the Texas children, none of the children (now 30 something adults) accused Langworthy till the 21st century.