Tape of Priest Hearing Confession Stirs Dispute

Roman Catholic officials are demanding the destruction of a secretly made recording of a priest hearing confession from an inmate, a sacred exchange that the church considers permanently private.

The Rev. Timothy Mockaitis heard confession from Conan Wayne Hale on April 22 in the visiting area of Lane County Jail. Hale, 20, faces trial on burglary and theft charges next month and is a suspect in three 1995 slayings.

Officials have not said what is on the tape or whether Hale admitted to a crime. However, Dist. Atty. Doug Harcleroad has suggested that prosecutors may try to use the tape in court, although he said he has not yet made a final decision.

“We are trying to solve a triple homicide. We will use all legal means to do that,” Harcleroad said Wednesday.

Hale’s lawyer, Terri Wood, said he would try to suppress the tape if prosecutors attempt to use it.

At issue is whether the conversation can be considered privileged. Oregon law exempts religious advisors from being questioned by police about confidential conversations. But Harcleroad said the law allows the recording of conversations in jail and does not exempt Catholic confessions.

“The only exemption is the attorney-client privilege,” Harcleroad said.

Roman Catholic officials are outraged.

“It was beyond belief that it happened,” said Pat Reilly, director of business affairs for the Archdiocese of Portland.

The sacrament of reconciliation is considered private under all conditions, he said, adding that the National Catholic Conference did not know of any similar recording made anywhere in the nation.

“It’s important not to underestimate the seriousness of the matter,” said Reilly, adding that the archdiocese has not decided what to do if prosecutors try to use the tape.

William Donohue, president of the New York-based Catholic League for Religious and Civil Rights, said his group will join a lawsuit to stop the use of the tape if it is not destroyed.