Pubdate: Wed, 02 Apr 2003
Source: Hattiesburg American (MS)
5.html
Copyright: 2003 Hattiesburg American
Contact:  http://www.hattiesburgamerican.com/
Details: http://www.mapinc.org/media/1646
Author: Lea Crager, and Nikki Davis Maute

MINISTER WON'T IDENTIFY WOMAN TO DRUG AGENTS

An effort to help a parishioner has landed a Hattiesburg minister in the 
middle of a controversy with federal drug enforcement authorities.

But the Rev. Kenneth Fairley said he will not violate the sanctity of the 
ministry by providing federal drug agents the identity of the woman who 
gave him a bag with an estimated $100,000 worth of marijuana she found in 
her house in February.

Fairley, pastor of Mount Carmel Baptist Church, said the incident occurred 
when one of his parishioners asked him for advice on what to do with a 
large bag of marijuana she found in her house.

"She brought the bag to me at the church and told me a family member was 
apparently involved in drugs. She wanted it off the streets," Fairley said 
Tuesday.

Fairley said he called Hattiesburg Police Chief David Wynn who sent an 
officer to remove the drugs.

"Five or six days later, two men with the Drug Enforcement Agency came to 
the church seeking to know the identity of the woman," he said. "They told 
me that I needed to tell them or I could face obstruction of justice 
charges. I told them I did not appreciate threats and asked them to leave."

A spokesman with the Gulfport office of the Drug Enforcement Agency, the 
office closest to Hattiesburg, could not be reached for comment.

In a hastily called press conference Tuesday morning, Wynn reported that 60 
pounds of marijuana in brick form was taken from the church property after 
Fairley's call.

As in other cases when a large amount of drugs are found, the DEA was 
called in to investigate, said Hattiesburg narcotics agent Matt Adams, who 
helped remove the marijuana from the church property. Adams said the 
marijuana is in the Forrest-Perry Metro Narcotics Task Force storage locker.

The Feb. 24 incident was not made public at the time because it was an 
ongoing investigation, Wynn said.

Both Adams and Wynn said they questioned Fairley on the source of the drugs.

"I personally tried to get him to tell me who it was," Wynn said. "Our 
officers tried. He would not reveal that information to me."

Fairley said he is surprised at the attitude of law enforcement officers.

"I would think they would have been glad to get these drugs off the 
streets," Fairley said.

University of Southern Mississippi religion professor Dan Capper said 
ministers should have the same rights not to speak as lawyers and others do.

"If pastors have to be tattletales, then people are not going to trust them 
anymore," Capper said. "It's the same privilege that lawyers and clients or 
therapists and clients would have."

But Hattiesburg attorney Michael Adelman said while the rules of evidence 
in both state and federal laws establish privileges between lawyers and 
psychologists and their clients, husbands and wives, and the clergy and 
their parishioners, each case has to be decided on an individual basis.

"There is a privilege, but whether a member of the clergy would be required 
to talk depends on the case," Adelman said.

Fairley said he will not reveal the identity of the parishioner.

"On a daily basis, people come and talk about their problems and my 
response is to listen, pray and help them work through them," Fairley said. 
"I would lose credibility with my parishioners, the community and those who 
seek advice from me if I violated the confidences they share with me."

Fairley said he's not heard from the DEA again.

"They (DEA) told me she may be in danger and I told them I would share 
their comments with her, give her their names and encourage her to call 
them," Fairley said. "But that's all I can do. I've never broken a 
confidence before and I'm not going to do it now."

Wynn said the investigation by his office was an independent inquiry and 
did not involve Mayor Johnny DuPree, who is a member of Mount Carmel.

"The mayor was made aware of it but has not tried to influence this in any 
form or fashion," Wynn said. "He said, 'You're the police chief. Handle 
this like you would anything else.'"

Wynn said that's what he did.
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