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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 3 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 19th day of January, 2005 , are as follows:

BY VICTORY, J.

2004-KK-1197

STATE OF LOUISIANA v. DEONTA GRAY AND JONTA GRAY (Parish of Orleans) (Attempted Second Degree Murder) For the reasons stated herein, the judgment of the court of appeal is reversed and the trial court judgment denying the defendant's motion to suppress is reinstated. The matter is remanded to the trial court for further proceedings. REVERSED AND REMANDED. CALOGERO, C.J., concurs and assigns reasons. KIMBALL, J., concurs in the result and assigns reasons. JOHNSON, J., dissents.

SUPREME COURT OF LOUISIANA
No. 04-KK-1197 STATE OF LOUISIANA VERSUS DEONTA GRAY AND JONTA GRAY ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS VICTORY, J. We granted this writ application to determine whether the trial court erred in denying defendant's motion to suppress a statement made to a clergyman under Louisiana's clergyman privilege. After reviewing the record and the applicable law, we reverse the judgement of the court of appeal and hold that the trial court correctly ruled that the statement was not privileged under the clergyman privilege. FACTS AND PROCEDURAL HISTORY Deonta and Jonta Gray are cousins charged by Bill of Information with the attempted second-degree murder of Kayon Brumfield, a taxi cab driver, in violation of La. R.S. 14:(27)30.1. Before they were arrested and charged, Keyanta Gray, who is Deonta's aunt and Jonta's mother,1 arranged for them to meet with her minister, Reverend Jeffrey Woolridge, at a motel room at the Colonial Inn in Amite, Louisiana. Reverend Woolridge was the director of the Men's Discipleship Program at the All Nations Ministry in Amite. Keyanta asked Woolridge to meet with Deonta and Jonta "to talk to her boys about a matter and lead them to Christ." At the meeting, in which both Keyanta and Jonta were present, Keyanta told the cousins to tell "Brother Jeff"

The record is confusing and unclear as to whether Keyanta Gray is Deonta's aunt and Jonta's mother, or Deonta's mother and Jonta's aunt. As did the court of appeal, we will refer to Keyanta as Deonta's aunt and Jonta's mother, and note that under either factual scenario, the analysis of this case and the outcome of this decision would be the same. 1

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what happened and Deonta related to him that "they were getting high, called a cab driver to rob him, he came, he reached for a gun, and he shot him." Woolridge requested no details and none were provided. Instead, he spoke to them "about the life that they were living and the game and the lifestyle that they were living, what it had finally brought them to and to get them to recognize that this way of life, this is what the outcome was." After being told of the shooting, Woolridge, in the presence of Deonta and Jonta, and Keyanta, called his superior at the church, Pastor Eldolinus Sniff, for advice on what to do in response to hearing this information. Pastor Sniff then spoke to Keyanta, who became very emotional upon hearing what he had to say, and then instructed Woolridge to notify the authorities after leaving the Grays. Neither Deonta nor Jonta spoke to Woolridge's superior. Before leaving, Woolridge prayed with the Grays and he later testified that Deonta seemed to be seriously interested in changing his life. Several days after calling the police as instructed, Woolridge was contacted by a New Orleans Police Department detective to whom he voluntarily gave a statement, relating what Deonta had told him. Deonta filed a motion to suppress the statement, arguing that his statements to Woolridge were privileged under La. Code Evid. art. 511. At the motion to suppress, Woolridge testified he had been a full-time minister for one and one-half years, that he took care of day-to-day matters at the church, set the agenda for each day and taught classes in the morning and at night. He testified that he became a minister through bible training and answering the call of God. He had never met Deonta or Jonta before this meeting, but Keyanta was a member of his church involved in women's programs. When he was called by Keyanta, he had no idea what the conversation would entail and he did not recall any mention of confidentiality. He

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testified that although he had counseled people numerous times, he had never been told something of this magnitude, and he conceded that he did not know what to do in this situation. He further testified that during the phone conversation, Pastor Sniff told him that he had told Keyanta to turn the boys in and that after the phone conversation, he also advised Keyanta to turn the boys in because she wanted them to be saved. However, he did not tell any of them that he intended to call the police. Finally, he testified that he was in the motel room about thirty minutes and that during that time no one else entered or called the room. He testified that he had gone to the hotel as a spiritual advisor and conceded that Keyanta never gave him any indication that she intended to leave the motel room and turn over the defendants. After the hearing, the trial judge granted the defendant's motion to suppress Woolridge's statement to police, finding that, although there were two other persons present when Deonta confessed to Woolridge, the court was "not convinced that the presence of either the mother or the brother in any way diminished the sanctity or the applicability of the privilege within the facts of this particular case." The court of appeal reversed the trial court and remanded the case. State v. Gray, 03-0779 (La. App. 4 Cir. 6/5/03). On remand, Deonta testified at the reopened hearing on the motion to suppress and stated that he went with his Aunt Keyanta and Jonta "to speak with a priest and for spiritual guidance." He testified that he had never spoken to a priest or minister before that day, that he did not attend that, or any other, church, and that he did not personally know Woolridge. He testified that he had never heard of the clergyman privilege, but that he did not expect the minister to tell the police and thought his conversation would be kept confidential. He admitted that Woolridge made a phone call from the motel room, but claimed that he did not know who was on the other end

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of the phone, that he did not listen to the conversation, and that he did not inquire as to whom the minister was calling. When asked if he asked the minister if he was going to speak to someone else about what was said there, Deonta answered: "No, sir. I though I shouldn't have to." After considering Deonta's testimony, the trial court denied the motion to suppress, ruling as follows: The Court heard the testimony that there were two other people present in the room during the time these activities were taking place; that at least one phone call was made to an unidentified person dealing with an unspecified matter. The witness testified that he was not aware of the nature of the conversation that was going on. The Court did not hear any testimony as to the defendant's familiarity with this particular minister. His testimony was he didn't attend church; there was no previous contact with clergy on matters of confidence. And the Court heard no testimony that would re-enforce the notion that the defendant had any expectations of privacy or, if you will, privilege, when he approached this particular minister. The defendants then sought supervisory writs. The court of appeal denied the application finding that the trial court did not abuse its vast discretion. State v. Gray, 03-1240 (La. App. 4 Cir. 8/14/03), unpub. On review, this Court remanded the matter to the court of appeal for briefing, argument, and opinion. State v. Gray, 03-2604 (La.1/9/04), 864 So.2d 128. On remand, the Fourth Circuit reversed the trial court's judgment, finding that the trial court's original suppression of the statement was not manifestly erroneous, and that, in the absence of a finding by the trial court after the second hearing that it did not find Deonta credible in his testimony that he intended the statement to be confidential, or that he did not make the statement for spiritual or penitential considerations, the court of appeal found that it was required to uphold the plain, precise language contained in art. 511and suppressed the statement. State v. Gray, 03-1240 (La. App. 4 Cir. 4/28/04), 874 So. 2d 893. We granted the State's writ application. State v. Gray, 04-1197 (La. 10/1/04), 883 So. 2d 1003.

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DISCUSSION For only the third time in 80 years,2 this Court has the opportunity to discuss Louisiana's clergyman privilege, presently incorporated in La. C.E. art. 511 but dating back in the criminal law to 1928 La. Acts 2,

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