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Arizona Case Makes Canon Law Relevant To Former Priest's Fraud Defense

By Howard Friedman

In Arizona, prosecutors are deciding whether to again charge former Roman Catholic priest Dennis Riccitelli with fraud. Phoenix's East Valley Tribune reported yesterday that a judge's prior dismissal of the case requires prosecutors to tell any new grand jury that they must consider canon law in deciding whether to indict. Riccitelli was charged with using church real estate and funds to benefit himself. His lawyers, however, argued that under canon law a priest has the right to spend his church's money as he sees fit. Last year Maricopa County Judge Silvia Arellano ruled that church law and policies are directly relevant to whether Riccitelli committed fraud. State appellate courts have refused to review the decision. Prosecutors are concerned that the case will invite other defendants to use religious law to justify criminal conduct.

Full post as published by Religion Clause on March 03, 2008 (boomark / email).