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Inmate: Confessing to crimes a violation of religious rights

Curry Robinson, an inmate at the State Correctional Institution at Houtzdale, has filed a federal challenge to a Department of Corrections policy requiring participants in a sexual therapy program to “confess” to their crimes as a precondition for admittance.

The 41-year-old from Philadelphia filed his challenge last year contending that he was rejected for the program even though he explained to a therapist that, as a Christian, the Bible “does not permit him to confess his sins to anyone but God, and thus this requirement substantially burdens his religious beliefs.”

U.S. District Judge Kim R. Gibson in Johnstown last September adopted a recommendation from a U.S. magistrate that Robinson’s lawsuit be dismissed.

The magistrate, Lisa Pupo Lenihan of Pittsburgh, concluded that the requirement imposed by the state was not a “substantial burden” on Robinson’s ability to practice his religion.

But as the panel from the U.S. 3rd Circuit Court of Appeals ruled last week, the federal court rulings stemmed from a reading of the papers and not on testimony from Robinson or other witnesses.

The 3rd Circuit reversed the dismissal of the Robinson’s lawsuit and sent it back to the district court in Johnstown for a hearing.

On Monday, Pennsylvania Senior Deputy Attorney General Scott A. Bradley filed an answer to Robinson’s challenge contending the inmate has not been deprived of his rights under the federal Religious Land Use and Institutionalized Persons Act that guarantees religious freedom to prisoners and the right to practice their religion.

The AG’s filing also pointed out that public officials such as the Secretary of the Department of Corrections John Wetzel, Houtzdale Superintendent Kenneth Cameron and the prison’s employees are protected from lawsuit by immunity.

No date has been set for a review of the case at the district court level.

Third Circuit Judges Michael A. Chagares, Thomas F. Vanaskie and Cheryl Ann Krause concluded that the magistrate judge went too far in questioning the “truth” of Robinson’s belief that the requirement to confess placed a “substantial burden” on him and violated his religious rights.

“Because at the pleading stage, we are required under (the law) to accept Robinson’s sincerely held belief that any acknowledgment of guilt is a religious confession, then we must also accept at the pleading stage, that Robinson was forced to choose between following the precepts of his religion and forfeiting benefits otherwise generally available to other inmates versus abandoning one the precepts of his religion in order to receive a benefit,” the 3rd Circuit opinion stated.

Curry, who has a lengthy criminal record and is serving a sentence of 7.5 to 15 years followed by five years’ probation on charges of rape, involuntary deviate sexual intercourse, indecent assault and related offenses, indicated that when he discussed entry into the state’s Sexual Offenders Therapeutic Community, a therapist told him he had to set aside his religious beliefs.

The therapist, he stated, became angry when he replied that God “was the only person confession is made to.”

Robinson maintains that he did not receive a fair trial when convicted of the sexual offenses and his federal appeal on those charges was recently referred to the U.S. District Court for Eastern Pennsylvania in Philadelphia.

The Robinson case is the second in the past six months involving religious rights by an inmate sent back to for review at the District Court level.

Judge Gibson approved the recommendation of a magistrate judge dismissing a lawsuit brought by Charles Mack, 56, of Philadelphia, who claimed his religious rights as a Muslim were restricted while an inmate in the Federal Correctional Institution at Loretto.

Mack, who is no longer behind bars, indicated in February that he desired to pursue the lawsuit but requested an attorney be appointed for him.

Three pro bono attorneys from K&L Gates LLP of Pittsburgh, Amy Ream, John Hagan and Sara M. Czypinski, volunteered and Gibson stated in a recent order that he will hold a telephone status conference on Mack’s lawsuit July 13.

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