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CNN Live At Daybreak

Confession to Priest at Center of New York City Murder Appeal

Aired July 18, 2001 - 07:51   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
COLLEEN MCEDWARDS, CNN ANCHOR: A murder confession that was made to a priest is at the center of an appeal going on in a New York court.

As CNN's Jason Carroll reports, the freedom of two men is at stake here.

(BEGIN VIDEOTAPE)

JASON CARROLL, CNN ANCHOR (voice-over): Father Joseph Towle built a reputation in the south Bronx as a street preacher. He earned the trust of the people he serves, in a place where it does not come easily.

Twelve years ago, a teenager put his trust in him, about a murder that happened in this park. The conversation between that young man and his priest is now at the center of a federal court case and a battle between church and state.

REV. FATHER TOWLE: The more important thing is what the experience has been like for two young men who have been in jail for 13 years for a crime, which is pretty evident, they did not commit.

CARROLL: Father Towle says he knows Jose Morales and another man are innocent, because the man who really committed the crime, Jesus Fornes, admitted to him.

TOWLE: So I advised him then that if he had the courage and the heart to do it, that he should go to the court and should reveal in detail, just as he had done to me.

CARROLL: Fornes did, but prosecutors did not believe him. That still angers Fornes' former attorney.

STANLEY COHEN, DEFENSE ATTORNEY: Once the DA believes they've got their perp, anything that runs counter to that or contrary is disregarded, is ignored, is put aside.

CARROLL: For years, Towle kept a secret, all the while wondering if he should say something about that conversation.

TOWLE: It was very difficult. It should be difficult, and one should reflect on it very, very carefully. CARROLL (on camera): Father Towel ended up doing more than just reflecting on it. Four years ago, Fornes was shot and killed one night, during another crime. It was only after his death that Father Towle told Morales about the admission.

(voice-over): Morales asked Towle to tell the appeals court about the admission. The Bronx district attorney declined our request for an interview, but did say the admission should not be heard in court because it was a sacred confession.

But New York's archdiocese and Towle disagree.

TOWLE: I did not consider this to fall under that precise seal of confession, because he had not come to me explicitly seeking absolution, but to find a solution and how he could help his friends.

CARROLL: A federal judge will have the final say when he rules on the Morales appeal. Father Towle says Morales prays the legal system works in his favor, this time.

Jason Carroll, CNN, New York.

(END VIDEOTAPE)

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