State v. Price

881 A.2d 1082, 2005 WL 2360643, 2005 Del. Super. LEXIS 325
CourtSuperior Court of Delaware
DecidedAugust 24, 2005
DocketNo. I.D. 0503002170
StatusPublished

This text of 881 A.2d 1082 (State v. Price) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Price, 881 A.2d 1082, 2005 WL 2360643, 2005 Del. Super. LEXIS 325 (Del. Ct. App. 2005).

Opinion

OPINION

YOUNG, J.

FACTS

Tiffany B. Price, (“Defendant”), was indicted by a Grand Jury on May 2, 2005. Defendant was charged with Sexual Solicitation of a Child, a felony; Unlawful Contact in the Second Degree, a felony; Indecent Exposure, a misdemeanor; and Offensive Touching, a misdemeanor. The offenses are alleged to have taken place on or about February 20, 2005. Defendant has filed a Motion in Limine to Suppress Privileged Communications, allegedly made to one Brian K. Ford concerning [1083]*1083her conduct, which conduct is the subject of the instant prosecution.

The situation surrounding the statements includes the following undisputed circumstances. On February 25, 2005, Defendant met with Mr. Ford on the campus of Delaware Technical and Community College (“Del Tech”). Over the previous year or so, Defendant had been a math tutor and after school counselor for a program known as PEAK (Program for Educational Alternatives for Kent County), located on the Del Tech campus in Dover.

Mr. Ford, whom Defendant had known for about a year prior to this alleged incident, was a math teacher for whom Defendant, prior to her dismissal by PEAK on her being charged herein, was at times an assistant. On February 25, 2005, Mr. Ford, in the course of his teaching duties, was walking to the Teacher’s Resource Center to laminate school materials. At a point, Mr. Ford encountered Defendant in the hallway. The topic she wanted to— and did — discuss, was the activity, which is now the subject of this prosecution.

Defendant, for these purposes, is not refuting what Mr. Ford describes of their conversation (which content was not in evidence at the hearing). Instead, she wants to prevent his testifying altogether. As a non-agent of the State, in a noncustodial situation, Mr. Ford could be a witness to Defendant’s voluntary statements, completely available to the State to present testimony thereof. At trial, Defendant would be constrained to endure the recitation of her own statements, subject to the full opportunity to question the accuracy of such recitation by cross-examination or other means. There are, however, possible avenues, which could interfere with that testimonial accounting of statements. One, raised here by Defendant, is contained in D.R.E. 505,1 by which Defendant may prevent any testimony from a witness, if Defendant establishes that the purported statement arose under specific conditions.

Thus, while the testimony concerning the statements may be accurate and relevant; and while, absent the application of this or a like rule, no one may prevent another from being a witness or disclosing evidence;2 it may be precluded if, for instance, Defendant demonstrates that the statements were made under the certain limited circumstances described in DRE 505.

[1084]*1084First, the recipient of the statements here: Mr. Ford, must be a clergyman. Mr. Ford was — and was known by Defendant to be — a deacon in a non-denominational ministry located on the Delaware State University Campus. He is, unquestionably, not a “minister, priest, rabbi or Christian Science practitioner.” Thus, Defendant has two paths to establish her privilege claim. Either Defendant must demonstrate that Mr. Ford is a “similar functionary of a religious organization,” or she must show that she would reasonably believe him to be such.

A deacon, while an officer and respected member of a church, is NOT a minister. In this church, the irrefuted evidence was, for instance, that a Deacon is an assistant to an Elder, who is an assistant to the Pastor. Merely an individual’s being an important — even critical — functionary in a profession is not identical to his being that particular named professional. A paralegal may not practice law. A nurse, who may well have a more precise working knowledge of a given patient than a physician, is not a physician, and cannot even testify as to injury causation.

In any event, Mr. Ford is not a “similar functionary” to a minister, precluding his providing relevant testimony in a Court of law.

There remains, then, the question of whether Defendant “reasonably believed” Mr. Ford to be a “similar functionary.”

In this case, Defendant never observed Mr. Ford attired in ministerial garb or conducting services, while she worshiped at the Kingdom of Worship Center — Mr. Ford’s Delaware State (not Del Tech) campus affiliation.

Indeed, Defendant neither ever attended Mr. Ford’s church nor — whether that would be significant or not — heard Mr. Ford say that he was a minister. The allegation by Defendant is that “Defendant was under the impression that Mr. Ford held ‘a position’ in this church.” That is a far cry from Mr. Ford’s being a clergyman.

Further, it should be noted that, as an additional matter of fact, Defendant’s father is an Associate Pastor in a church, and Defendant’s grandmother is a Pastor. Hence, Defendant should be even more aware than the average person that deacons and pastors are hardly one and the same. Again, though certainly not determinative, this is additional evidence that even a subjective test of belief in “similarity” could not be met by Defendant.

Moreover, in order to prevent the disclosure of information, an effort generally disfavored in the law, as noted in D.R.E. 501(4), Defendant must show that the communication was made in the clergyman’s “professional character as a spiritual ad-visor (emphasis added).”

There is little suggestion of that in this case. “Getting something off of one’s chest” is not the equivalent of a spiritual communication. It may be an aspect of it, but it is not the equivalent. Here, Mr. Ford was in the course of his teaching responsibilities and in his teaching environment. He described the context as that of a concerned friend. Mr. Ford even suggested that Defendant contact Ms. Ford, who was an Elder in the same church, and one step closer to the Pastor, if she wanted to consider spiritual approaches to her dilemma.

So, we look to this communication, noting again that a mere expectation of privacy — as anyone might have with a relative, a close friend, a respected acquaintance— will not prevent relevant testimony from a Court proceeding. Only a very limited number of specifically defined statutory [1085]*1085circumstances will so interfere with the orderly presentation of evidence in a case.

While case law on this topic is not abundant, and what has been found is little more than analytically helpful, we can look to what we have.

Commonwealth of Pennsylvania v. Patterson,3 on its analysis, observes that a statement to an acknowledged clergyman is not precluded in a situation where that clergyman was acting in a capacity other than as a clergyman, even where (as there) he was acting as a counselor.

Like this Defendant, Defendant Patterson was not a worshiper in that clergyman’s church.

Thus, the Pennsylvania Court held, the statements were not motivated by RELIGIOUS considerations, or in circumstances evidencing the search for forgiveness by a deity. That is undeniably the situation in the instant case.

The Pennsylvania statute4

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Related

Commonwealth v. Patterson
572 A.2d 1258 (Supreme Court of Pennsylvania, 1990)
State v. Cary
751 A.2d 620 (New Jersey Superior Court App Division, 2000)
Pagano v. Hadley
100 F.R.D. 758 (D. Delaware, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
881 A.2d 1082, 2005 WL 2360643, 2005 Del. Super. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-price-delsuperct-2005.