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Attorneys on both sides of the Rev. Donald Dean Budd’s case could not hash out a plea agreement Wednesday, so a jury trial was scheduled to begin early next year.
The trial will come more than two years after Budd was charged with 10 counts of felony criminal sexual conduct for having sexual contact with a woman to whom he was offering spiritual guidance as her pastor.
Budd, 64, is accused of fondling the woman several times in their respective homes and at church over several counseling sessions between summer 2003 and fall 2005, according to the criminal complaint filed in January 2007. Police used a wire tap to obtain some information that led to the charges.
The case was delayed several times over the next year and a half for various reasons, including waiting for a decision on a very similar case before the Minnesota Supreme Court. Attorneys in that case challenged the constitutionality of a state law prohibiting sexual contact between a religious clergyman and a member of the congregation. They argued the law unconstitutionally entangled religious doctrine and government.
Budd’s attorney, Rich McCluer, made similar arguments, and Budd’s case was tabled to avoid having to possibly re-try the case. The state Supreme Court split on its decision, essentially leaving the argument unsolved. Judge Jeff Thompson entertained further arguments from both sides in Budd’s case and allowed it to move forward.
Budd was arraigned Aug. 5 and entered not guilty pleas to all 10 counts. Wednesday was a chance for both sides to settle the case before trial, but an agreement could not be reached.
Budd will return to court Jan. 8, 2009, for a pretrial hearing. His jury trial is set to begin Feb. 9.
Kevin Behr may be reached at (507) 453-3524 or at kbehr@winonadailynews.com.
