Priest's criminal sexual conduct case goes to jury

The fate of a Roman Catholic priest charged with starting a sexual relationship with a parishioner is now in the hands of Ramsey County jurors.

A key point of contention in the case against the Rev. Mark A. Huberty is whether he continued to provide spiritual advice, aid or comfort to a parishioner when he allegedly started a sexual relationship with her in January 2013, or whether that relationship was separate from their priest-penitent dynamic.

Therese Galatowitsch, assistant Hennepin County attorney, told jurors in her closing arguments Friday that Huberty began serving as the woman's spiritual adviser in 2008 and throughout, the affair involved consensual kissing and sexual touching.

Galatowitsch is prosecuting the case because of a conflict of interest; Ramsey County Attorney John Choi was Huberty's high school classmate.

Defense attorney Paul Engh told jurors that in January 2013, Huberty asked the woman to be his "friend," thereby altering their previous dynamic and clearing him of guilt.

Huberty, 44, is charged in Ramsey County District Court with one count of fourth-degree criminal sexual conduct, a count dependent on his providing the alleged victim spiritual advice, aid or comfort. The woman's consent is not a viable defense against the charge.

He is also charged with one count of fifth-degree criminal sexual conduct for allegedly groping her bare buttocks without consent.

Huberty, who is also a pilot, groomed the woman, taking her on flights and inviting her on weekend trips, Galatowitsch said, knowing that her depression and anxiety made her vulnerable.

The two met when Huberty was a pastor at the Church of the Presentation of the Blessed Virgin Mary in Maplewood. He has since resigned.

Engh told jurors that the woman pursued Huberty and initiated the physical contact.

"She may be depressed," Engh said. "She may be conflicted. She may be a mother of four, but she's a liar."

Jurors began deliberations about 4 p.m. Friday, and will resume at 9 a.m. Monday.