Minister Tells Jurors He Is Guilty Only of Helping the Homeless

Clutching a Bible on the witness stand, a minister accused of operating a homeless encampment in violation of city codes told jurors Wednesday that the only thing he’s guilty of is trying to help the less fortunate.

“I’ve tried to feed people. I’ve tried to clothe people. I’ve tried to spiritually counsel them,” the Rev. Wiley Drake said. “If that’s against the law . . . then I’m guilty.”

Quoting passages from the Bible, Drake testified that he had a duty to God to aid the hundreds of homeless men and women who have come to his Buena Park church.

City officials have filed misdemeanor charges against the church and Drake, alleging that the homeless encampment there violated zoning codes and threatened the safety of both the homeless and the surrounding community.

In an emotional day of testimony in which Drake’s commanding voice was at times choked with emotion, he recounted the first time he found a drunk man at his church, five or six years ago.

Drake told the jury that he grabbed the man by the lapel and threw him out. But later overcome by guilt, Drake said, he searched for the man unsuccessfully.

“Was I going to be a preacher and preach that we should help the poor and not do anything, or practice what I preach?” Drake said he had asked himself.

Between June and December 1996, when the violations are alleged to have occurred, the First Southern Baptist Church provided services to hundreds of people, Drake said, including drug rehabilitation, medical care and job searches.

The case, which is being tried in North Municipal Court in Fullerton, is being closely watched by homeless advocates, religious leaders and others because it touches on two national issues: the role of charitable organizations during welfare reforms and the role of government relating to religion. Last month, the Supreme Court struck down a law that would have made it more difficult for the government to interfere with religious practices.

Drake has been called to testify before a congressional judiciary committee studying the effects of the Supreme Court ruling.

City officials contend that the case is not about helping the homeless, but the pastor’s violations of city laws. Assistant City Prosecutor Gregory Palmer said he and others wrote dozens of letters to the church and continued to work to resolve the homeless issue, but Drake continued to violate the law.

The prosecution also challenged Drake’s credibility by calling a witness who testified that Drake signed a voucher saying that a woman had completed her court-ordered community service by working at the church, when she had not.

Christina Bush, a former volunteer at the church, said the woman still owed 21 hours of community service when Drake signed the voucher.

Drake denied the allegation outside the courtroom.

“It did not happen,” Drake said. “I don’t know what she’s talking about.”

Closing arguments are expected to be presented today.

If convicted, Drake will face $1,000 in fines and six months in jail for each of five charges. Palmer said he also will ask for a court order forcing the church to cease all activities that violate the law, which would prevent the homeless from camping on church grounds.