Clerical Liability Test : Questions on Bible, Death Start Trial

Pointed questions about suicide, the Bible and the relationship between religion and psychiatry marked the first day of a “clergy malpractice” trial stemming from a Tujunga man’s suicide following counseling by pastors.

Attorneys Monday began questioning potential jurors, gathered in a hotel ballroom in Burbank, about their ability to remain impartial in a case involving pastors and church teachings.

“Please speak up if any of you believe a case of this nature should not be in a court of law or heard by a juror,” 16 potential jurors were asked by Edward Barker, the attorney representing the the plaintiffs in the case, the family of Kenneth Nally.

Nally, 24, an active member of Grace Community Church of the Valley in Sun Valley, killed himself in April, 1979. His family claims ministers at the church counseled him that suicide was an acceptable answer to his problems.

19 People Questioned

Only 19 potential jurors, out of a pool of 150, were questioned by attorneys in the case Monday. Only one on the panel, a woman who said her religious convictions would make it difficult for her to sit on a jury that could find that the church was accountable for Nally’s death, was dismissed by the judge after the questioning.

The jury selection, which is expected to take up to three days, is being held in a ballroom of the Holiday Inn in Burbank because a courtroom would be too small. The trial, expected to last up to eight weeks, will be held in Glendale Superior Court, with Judge Joseph Kalin presiding.

Kalin repeatedly reminded the potential jurors that the trial would involve delicate questions about the responsibility of church counselors in treating church members who seek advice. He invited any one of the panelists who felt uncomfortable revealing their personal religious philosophies, or experiences with suicidal family members or friends, to talk to him and the attorneys outside the courtroom.

Among the questions asked of jurors were whether they were studying the Bible, and whether they believed clergymen are as qualified as psychiatrists to give advice about psychological problems.

Parents at Proceeding

As the jury selection dragged on through the afternoon, Nally’s parents, Walter and Maria, and his brother, Walter Jr., sat at the rear of the ballroom. Just a few rows ahead of them sat the Rev. John MacArthur, the senior pastor of the Sun Valley church and one of four pastors named as defendants in the lawsuit.

The Nallys are seeking unspecified damages in the suit, which was filed in March, 1980. The suit has been delayed by a series of hearings, court rulings, and appeals.

The California Supreme Court has ruled that, by allowing the case to come to trial, it was not setting a legal precedent governing similar suits. But attorneys on both sides predicted Monday that the outcome of the trial would have far-reaching effects on the accountability of the clergy. The case has frequently been described as raising the unusual issue of clergy malpractice.

The suit claims that Kenneth Nally, an emotionally disturbed UCLA graduate raised in a Catholic household and taught in Catholic schools, had grown away from his family as his involvement in the fundamentalist Grace Community Church increased. The family alleges that, although Kenneth Nally had tried to commit suicide several times, church officials failed to inform the family or refer him to professional counselors.

Confidentiality Claim

Church officials have contended that a pastor’s counsel is confidential and that he has no obligation to confide in the family. The church also has argued in court papers that it did try to get Kenneth Nally to seek professional help, and had made at least eight appointments for him with psychiatrists, physicians and mental health counselors.

About half of the panel of potential jurors said they had heard of the case. In addition, several of the 19 panelists interviewed Monday said they had attended Grace Community Church at least once in recent years.

The only potential juror to be excused, Juanita Fernandez, said she came from a religious family and that she might lean toward favoring a pastor’s testimony.

“I don’t think I should sit on this trial,” she said.

Attorneys are expected to start striking members of the initial panel when the selection process continues today.