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| Second Man Freed on Priest Testimony |
| By Reuters |
| Published: 08/06/2001 |
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A federal judge recently freed a second man convicted of murder 13 years ago after a priest testified that a teenager confessed that he and two others committed the crime. U.S. District Judge Denny Chin ordered that the defendant, Ruben Montalvo, 30, be released on his own recognizance. He threw out Montalvo's conviction and reinstated his case, paving the way for a new trial. On July 24, Chin freed Montalvo's co-defendant, Jose Morales, 31. Prosecutors from the Bronx district attorney's office argued against the release of both men and maintained there was evidence the two had participated in the brutal 1987 attack in which a gang of teenagers chased, struck and stabbed a man. The case has drawn widespread attention because the priest, Father Joseph Towle, had decided to come forward and reveal a confidential conversation he had with the teenager who sought his advice. The youth, Jesus Fornes, also admitted committing the crime to three other people, including a Legal Aid lawyer from whom he sought legal advice, Montalvo's mother and Morales' attorney. Initially neither the priest nor the Legal Aid lawyer came forward, believing they were bound to keep the information confidential. This information was presented at trial but was ruled as hearsay. The Bronx district attorney's office argued that Towle's statements were inadmissible because New York state law forbids a member of the clergy to disclose confidences made to him without a waiver by the confessing person. But Chin said that Towle concluded that his conversation with Fornes was not a 'formal confession' and instead was a 'heart-to-heart talk.' The priest decided after Fornes died he was free to disclose the conversation and the Roman Catholic Archdiocese of New York agreed, permitting him to testify in the case. |
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