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Published - Friday, June 22, 2007
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Lawyer challenges charges against Winona pastor

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The defense attorney for a Winona pastor charged with criminal sexual conduct challenged the case against his client Thursday on the grounds that the state statute is unconstitutional and the case was put on hold pending the results of a similar case before the Minnesota Supreme Court.

Rich McCluer, who represents the Rev. Donald Dean Budd, filed a motion challenging the Minnesota statute that makes it a crime for a clergy member to have a sexual relationship with someone receiving spiritual advice or comfort. McCluer argued the statute is vague and unnecessarily entangles religion with state law and violates the First Amendment, giving the case much wider implications than criminal guilt.
Budd, 63, is charged with 10 counts of felony criminal sexual conduct for an improper relationship with a woman he was counseling.

“If Budd was a plumber, no one would raise questions,” McCluer said.

McCluer is also challenging the use of evidence against Budd, specifically a conversation between him and the victim that was recorded by police. That motion is still pending.

The Supreme Court in April heard arguments in Minnesota v. Bussmann, in which clergy member John Bussmann was accused of having a sexual relationship with a woman to whom he gave spiritual guidance. Challenges to that case hinge on similar issues of the vagueness and constitutionality of the statute under which Budd is charged.

The court is expected to rule on that case in early July.

The outcome of the Bussmann case will directly influence the decision in the Budd case, McCluer said.

If the Supreme Court finds the statute unconstitutional, the case against Budd would cease to exist as it currently stands, said Winona County Attorney Chuck MacLean. If that were to happen, MacLean said the prosecution would look for other options to charge Budd in a different way.

If the statute is upheld, the case will continue as planned, MacLean said.

About 20 Budd supporters waited more than an hour for the hearing to begin Thursday, and once Judge Jeffrey Thompson entered the courtroom, both the prosecution and defense asked him to postpone the hearing until the end of July. Thompson acquiesced and set Budd’s next hearing for July 25.

Kevin Behr can be reached at (507) 453-3524 or kbehr@winonadailynews.com.
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Proud of her too! wrote on Jun 30, 2007 3:25 PM:

" I'm sure this hasn't been easy on anyone. I just want to say Thank You to the woman who was brave enough to come forward and tell what was done to her. The Pastor crossed the boundaries and it's nice to know this victim isn't gonna allow him to harm someone else. Just think if it weren't for her strength to speak up the pastor may be doing it to someone whom you love. Maybe then you'd feel different then. I'm sure it hasn't been easy on the woman either. Afterall, you seem to be blaming her. She was the one who turned to him for counseling and look what happened. Least God knows the truth and that's what matters most! "

It's called abuse! wrote on Jun 30, 2007 12:09 PM:

" It's always easier to blame the victim! Yes, the women was an adult. The women was obviously an adult who turned to someone she thought she could trust! The pastor made advances to her. What normal pastor has "panties" in a desk drawer? Like the woman who goes back to the husband that beats her time and time again. It's called ABUSE and that is why it happened more than once. It's a shame one can't even trust a man of GOD. I'm proud of the woman. You know this isn't the first time the pastor's done this! Maybe it's just the first time he got caught! "

church member wrote on Jun 29, 2007 1:29 PM:

" We had to rob Peter to pay Paul for our budget and now some of you raise money on Budd's behalf. I just don't understand what your thinking! Did you forget what he stated on tape...when asked why he did it in the church, "because it's the most sacred place." Do you think Budd was thinking of you and our church at the time. NO! He was thinking of his own self gratification! He betray our church, his family, the victim, God but your still there rallying around him. We'll be lucky if our church still stands after what he did! He is to blame...not the woman! "

To: More than once! wrote on Jun 22, 2007 10:06 PM:

" A Pastor should be held accountable to even a higher level of standards. Every year they have annual conference that give trainng on how NOT to get involved with parishioner's. What did this Pastor not understand? He is the one responsible for setting the boundaries! It's obvious the woman was troubled and that is why she seeked his counseling and guidance. Just like the woman he manipulated to trust it looks as though he is doing the same to you! Why do they want to throw out the tape for evidence? I guess because the truth is he did it! I would be scared a HELL if I were him. Just another predator on the loose preying on the vulnerable and weak! "

Mom wrote on Jun 22, 2007 9:24 PM:

" If you all knew the WHOLE TRUTH there's no doubt in my mind who you'd believe. That pastor is an imposter. He HAS BROKEN the vows he gave to his church, decieved his wife, family, congregation, but can't decieve GOD. To compare him to a plumber is like comparing his attorneys to a ditchdigger. "

Something not quite right here! wrote on Jun 22, 2007 1:59 PM:

" I do not attend the church where Pastor Budd served, however I have immediate family members that do. He was there for our family during a crisis 3 years ago and was wonderful to us all! And last year when I was hospitalized in Rochester, he took the time to call me and offer to make a visit. This "woman" is an adult too and is just as responsible for her actions. Is it possible that she was the one looking for "more" and he was not going to give in, so she made these alligations? Only they know...but what I know is that Pastor Budd is a good person! "

More than once wrote on Jun 22, 2007 12:10 PM:

" If this woman thought what was happening was wrong, then why did she go back to him? Why didn't she turn him in the first time? And don't tell me it's because of him being a pastor. If he wasn't a pastor, the woman would have turned the guy in the first time. She was willing in this situation and after a year or so, she decided this was her only way out instead of telling him she didn't want the affair anymore. And yes, God knows the truth and so does this woman even if she won't speak it. "

WWJD wrote on Jun 22, 2007 12:08 PM:

" Rather than admit his mistakes and seek for forgiveness & reconciliaton, Hanun spent an enormous amount of money to cover up his error. His cover up cost him dearly. It often cost more to cover up an error than ADMIT it HONESTLY! It would be wise to seek forgiveness and reconciliation as soon as soon as you realize your mistake. You will save yourself and others a lot of pain. How does it feel to betray GOD, your family, and your church? What Do You Think Jesus Would Do? "

So wrote on Jun 22, 2007 11:42 AM:

" Doctors can crank their patients now too? I suppose you think that is ok? "

Ghetto wrote on Jun 22, 2007 11:19 AM:

" Nice that McClure thinks it is ok for plumbers to sexually assault women.........Paster is gonna meet Bubba!! "

Proud of her wrote on Jun 22, 2007 10:14 AM:

" I just want people to know that the number of Budd suppporters reported in this article was incorrect. There were at least 10 people in the court room that were there for the victim. "

Fred Thompson wrote on Jun 22, 2007 9:14 AM:

" McCluer will win this one. The law is unconstitutional, both at the state and federal level. Equal protection clause in US constitution will overturn this statute, if it ever gets that far. Lawmakers did not think this one through. "

Amnesty wrote on Jun 22, 2007 9:08 AM:

" This pastor was a hard worker, and performed a job that not many people choose to do. Clearly, he should receive amnesty. Otherwise, this is nothing more than blatant racism. "

Heil! wrote on Jun 22, 2007 9:06 AM:

" "This is a free country. You are free to do what we tell you to do." Signed, your Government. "

At least this time.... wrote on Jun 22, 2007 6:46 AM:

" It wasn't a 12 year old boy. The members of the clergy must be raising their standars finally? Now they just prey on women in need of counseling. "

What is wrong with people? wrote on Jun 22, 2007 6:29 AM:

" The guy was in a position of power over a vunerable person. He knows what he did was wrong. God knows too! And the #%$*& lawyer knows also. How some people can deny what they did was wrong,I'll never understand. "

Theresa Erickson wrote on Jun 22, 2007 12:57 AM:

" If Pastor Budd were a plumber, he would not be counseling someone and therefore would not have broken the trust of his profession as a pastor and counselor. "

Are we being fair? wrote on Jun 21, 2007 11:36 PM:

" The woman was an adult, he was an adult, what is she looking for??? They were both wrong, why press charges - it wouldn't happen if it was not a minister. Why did she do the things he asked her to do? She could have (should have said "NO") It happened more than one time, she should also be to blame. "


The comments above are from readers. In no way do they represent the views of the Winona Daily News.

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