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American Morning

Separation of Church and State and Murder

Aired July 18, 2001 - 10:35   ET

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

KYRA PHILLIPS, CNN ANCHOR: Another case is getting major attention in New York. It involves a murder, a confession to a priest and a federal court case.
CNN's Jason Carroll explains.

(BEGIN VIDEOTAPE)

JASON CARROLL, CNN CORRESPONDENT (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.

REVEREND JOSEPH 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 it's 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 it to him.

TOWLE: So I advised then that 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 to me.

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

STANLEY COHEN, DEFENSE ATTORNEY: Once the D.A. 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 the secret, all the while, wondering if he should say something about that conversation.

TOWLE: It was very difficult. It always -- it should be difficult. And one should reflect on it very, very carefully.

CARROLL (on camera): Father Towle 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, as 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, right, seeking absolution, but to find a solution on 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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