1. Case Title and Citation ■ John M. Richmond v. State of Iowa, 97-954 2. Procedural History This case came to light when defendant, John Richmond was convicted of second degree sexual assault after he confided to his hired counselor, Fr. Dick Osing who is full-time Episcopal priest and a part-time unlicensed marriage and family counselor about his actions. Richmond appealed stating that his priest-penitent privilege or “confidential communication” was violated. The Supreme Court of Iowa ruled his statement was not privileged. 3. Facts John Richmond and his girlfriend Robyn Krell were involved in an intimate relationship. Shortly after Krell broke off the relationship with Richmond, he responded to her residence where he for her to have sex with him while holding a knife in his hand. Once Richmond was done he and Krell began to discuss his actions at which time he told her “I might as well call the police and turn myself in.” Richmond called a center at the direction of Krell and told the person on the phone he had just raped and tried to kill his wife. Richmond does not seem to get any assistance from this person and is instructed to call another facility. Richmond does …show more content…
State v. Alspach, 524 N.W.2d 665, 668 (Iowa 1994) (citing State v. Deases, 518 N.W.2d 784, 787 (Iowa 1994)). The State does not contest that the first element, confidentiality, has been met, but argues that Richmond's statements to Fr. Osing were not made in Osing's professional capacity as a priest, therefore there was no privilege.” The higher courts rejected Richmond’s request to suppress Fr Osing statement and further stated the conversation was not