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Budd, 64, was arraigned Tuesday during his first appearance in Winona County District Court since May, and a settlement conference was set for Sept. 24, when attorneys on both sides try to broker a plea agreement in hopes of avoiding a jury trial.
The case has been delayed several times after a continuance was granted, and the court date was rescheduled twice.
“Here we finally are,” Judge Jeff Thompson said.
Budd’s case had been on hold while the Minnesota Supreme Court heard a case dealing with identical constitutional issues that Budd’s attorney, Rich McCluer, said unnecessarily entangled law with religious doctrine. Although the Supreme Court case could have had a substantial impact on the Budd case, it ended in a split decision, forcing Winona judges to take up the constitutionality issues.
Minnesota law prohibits clergy from having sexual contact with those seeking spiritual advice.
Thompson determined the law to be constitutional in May and decided that all evidence obtained by police in Budd’s case can be used at trial, including a recorded conversation between Budd and the victim in which he admitted to several sexual encounters with the woman.
According to the criminal complaint, Budd offered a woman religious counseling after her grandfather died in 2003. Over time, their counseling sessions grew more personal, the complaint states. Budd asked the woman to model underwear for him, and he fondled her on several occasions in both their homes and the church, according to the complaint.
Budd was charged with third- and fourth-degree criminal sexual conduct. He faces up to a maximum penalty of 15 years in prison if convicted.
Contact Kevin Behr at (507) 453-3524 or at kbehr@winonadailynews.com.
