Jail’s Tape of Priest, Inmate Ruled Illegal

An Oregon jail taped a conversation between a priest and a murder suspect illegally, a federal appeals court has ruled.

The recording violated federal law, the Constitution and the historical “sanctity of the secrets of confession,” the U.S. 9th Circuit Court of Appeals said.

Though it barred recordings of discussions between inmates and clergy, the court rejected a request by the Roman Catholic Church that it order the destruction of the tape of Father Timothy Mockaitis and suspect Conan Hale in a Eugene, Ore., jail last April.

That leaves open the possibility that the tape could be used during Hale’s trial in the 1995 shooting deaths of three teenagers.

The content of the recording has not been revealed. In an affidavit, however, Hale said he admitted committing burglaries on the tape but denied the killings. And his lawyer has said she wants to use the tape.

The Oregon jail routinely taped inmate conversations with visitors except for lawyers. Hale apparently knew that but the priest did not, the court said in its ruling this week.

The ruling is “a victory for religious freedom of all members of religious faiths,” said attorney Thomas Dulcich, who filed the appeal for the Roman Catholic Archdiocese in Portland, Ore.

Assistant Atty. Gen. Timothy Sylwester said Oregon considers the ruling unnecessary, because the district attorney involved promised he would not record priests’ conversations in the future. Sylwester also contended that a state law permits such tapings.

But the appeals court noted that another Oregon law, like the laws in every state, bars court inquiry into confidential communications with a member of the clergy. The court also said the taping violated the priest’s freedom of religion.