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The Archdiocese of Portland plans to appeal and seek review up to the U.S. Supreme Court, arguing the recording violates constitutional religious-freedom 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did Judge Owen Panner refuse to order the tape destroyed?","Question",{"text":62,"@type":63},"Panner said the tape’s relevance to the murder cases involving two suspects outweighed the Roman Catholic church’s interest in destroying it.","Answer",{"name":65,"@type":60,"acceptedAnswer":66},"What constitutional issue did the Archdiocese of Portland raise?",{"text":67,"@type":63},"The Archdiocese argued the recording violated the constitutional guarantee of religious freedom.",{"name":69,"@type":60,"acceptedAnswer":70},"What did the earlier court ruling conclude about the recording?",{"text":71,"@type":63},"A prior ruling determined the secretly recorded conversation was a religious sacrament based on the priest’s intent and the individuals’ 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CONFESSION\n\nA Federal judge has refused to order thedestruction of a jailhouse tape recording of asacramental confession between a triple-murdersuspect and a Roman Catholic priest.  \nU.S.District Judge Owen Panner of Port-land,Ore.,on Aug.13 said that the fact that thetape bears on the cases of two murder suspectsoutweighs the Roman Catholic church's interest inhaving it destroyed.  \nHe said he accepted the church's argumentthat the recording violated the priest's religiousfreedom rights,but did not rule on whether thetaping was illegal.  \nIn an affidavit filed last week,the suspect,Conan Wayne Hale,claims he told the priest thathis co-defendant committed the murders of threeteenagers whose bodies were found outside Spring-field.  \nIn court Aug.13,Panner criticized LaneCounty District Attorney Doug Harcleroad's deci-sion to tape the meeting between Hale and thepriest,but commended him for later admitting hewas wrong.  \nThe Archdiocese of Portland immediatelysaid it would appeal,vowing to take the case to theU.S.Supreme Court if necessary.  \n\"Today's action sends the mistaken messagethat the religious freedom guaranteed by the UnitedStates Constitution must give way to the state's  \nSee CONFESSION,page two)  \nAugust 16,1996  \nIN THIS ISSUE-                \nU.S.JUDGE:Refuses to Destroy  \nTape Of Jailhouse Sacramental Confession…………1NIC:New Training Calendar Available ………………1ASSAULTS AGAINST OFFICERS:Increasing.……………4R.I.:Governor Vetocs HIV Testing Bill…   …………6TEXAS:Angry About Oregon Prisoners……………6FLORENCE PRISON:Must Beef Up Security………7VIRGINIANS:Like Lists Of Parolees…………  …8EXECUTIONS:Held In Oklahoma,Arkansas…    8RESOURCES FOR CORRECTIONS………………9  \nNIC TRAINING SCHEDULE AVAILABLE  \nThe National Institute of Correc-tions(NIC)now has available itsSchedule of TrainingServices forFiscal Year 1997.  offered are num-erous seminars and workshops in thegeneral topical areas of executiveexcellence and leadership,manage-ment,jail management,prison man-agement,  offender management,andtraining for trainers.  The catalogalso describes NIC's videoconfer-ence and distance learning programs,technical assistance,the Correc-tional Training Network,and otherNIC training activities.  It in-cludes application and registrationAllen L.Ault,Chief,Academy Divi-sion,NIC,1960 Industrial Circle,Suite A,Longmont,co 80501.Phone:800-995-6429 or 303-682-0382.  FAX:303-682-0469.  \nCORRECTIONS DIGEST  \nCONFESSION,from page one)  \ndesire to secure a criminal conviction by clandes-tine and invasive means,\"Archbishop FrancisGeorge said in a written statement.  \nHale's lawyer,Terri Wood,said she wantsto use the tape to show Hale did not kill the threeteenagers.Hale and Jonathan Susbauer are chargedwith aggravated murder in the deaths.A statelawyer for Harcleroad also opposed destroying thetape.However,the church opposes using the tapein court even if it would clear Hale of murdercharges,said church spokesman Bud Bunce.  \nPanner's ruling will not affect the statecourt's future decision whether the tape can be usedin the criminal trials,said professor David Schu-man of the University of Oregon law school.  \n\"It's an entirely different question of law,\"Schuman said.  \nIf Panner had ordered the tape destroyed,theruling could have led a state court judge to dismisscriminal charges because defendants have a consti-tutional right to all relevant evidence,Schumansaid.  \nHale and the Rev.Timothy Mockaitis metApril 22 in the visitors area at the Lane CountyJail.At the time,Hale was being held on relatedburglary and theft charges and had not beencharged in the murders.Prosecutors say they didnot rely on the tape to bring the murder charges.  \nIn his affidavit,Hale said he told Mockaitishe committed a burglary with Susbauer,but thatSusbauer killed the three teenagers.He claimsSusbauer lied to Harcleroad's office when he saidHale was involved.  \nWood sa","cbCaikxYLcKElva9","https://ap.wps.com/l/cbCaikxYLcKElva9","pdf",3296266,11,"English","# FEDERAL JUDGE REFUSES TO DESTROY TAPE OF CATHOLIC CONFESSION\n## Confession tape and federal ruling\n## Church appeal and legal implications\n## Trial timeline and court procedures","[{\"question\":\"Why did Judge Owen Panner refuse to order the tape destroyed?\",\"answer\":\"Panner said the tape’s relevance to the murder cases involving two suspects outweighed the Roman Catholic church’s interest in destroying it.\"},{\"question\":\"What constitutional issue did the Archdiocese of Portland raise?\",\"answer\":\"The Archdiocese argued the recording violated the constitutional guarantee of religious freedom.\"},{\"question\":\"What did the earlier court ruling conclude about the recording?\",\"answer\":\"A prior ruling determined the secretly recorded conversation was a religious sacrament based on the priest’s intent and the individuals’ statements.\"}]","FEDERAL JUDGE REFUSES TO DESTROY TAPE OF CATHOLIC CONFESSION | PDF",1791864003,28]