That is the crudely stated result of one of the most bizarre judicial rulings in recent memory, and courts have to work overtime these days to achieve such distinction.
Here are the facts: On December 31, 1988, Paul Cox, then 21, murdered a married couple in the bedroom of their Larchmont, New York home. Although Cox left a palm print and a fingerprint at the scene of the crime, police were unable to identify them, and the crime went unsolved for years.
An alcoholic, Cox joined AA in 1990. In 1993, one of Coxs female AA co-members, who had begun to share an apartment with him and another AA member, informed her psychologist that Cox had discussed the crime with her and other AA members.
The psychologist referred the woman to an attorney and, based on their advice, she went to see the District Attorney. On the information provided, Cox was arrested, fingerprinted, indicted, tried and convicted of the murders in 1994. The conviction was upheld by the Appellate Division of the New York Supreme Court. Further state court appeals were denied.
Coxs attorney then sought relief in U.S. District Court for the Southern District of New York, and he got it from Judge Charles Brieant.
Earlier this month, Judge Brieant ruled that Alcoholics Anonymous is a religion; the entire AA relationship is anonymous and confidential; all AA members are the equivalent of priests and are thus required to maintain confidentiality. Coxs arrest and subsequent conviction were fruit of the poisonous tree, which could not have otherwise been obtained.
Never mind that AA says it is not a religion; the eight people who told the DA of Coxs confession didnt know they were priests, and even if they were, Coxs confessions all occurred outside of AA meetings.
Perhaps most indicative of where this is going, Judge Brieant stayed his decision on his own motion pending appeal. That may constitute sufficient commentary in and of itself. We hope so, because frankly were at a loss for words on this one.
September 24, 2001