Edward J. Werner: seven affirmed convictions after using pastoral access to abuse parish girls
Request a correction or replyDisposition and response
Material that narrows or disputes the record
Appellate history
-
The South Dakota Supreme Court affirmed on March 4, 1992; rehearing was denied April 13, 1992. Two justices dissented from the evidentiary holding, arguing that the volume and remoteness of uncharged-acts testimony denied a fair trial.
Record class
Core record
Evidence status
Convicted
Authority role
Lutheran pastor responsible for parish programs, confirmation-class teacher, trusted religious authority over children in two congregations
Organization
St. Peter's Lutheran Church in Goodwin, Our Savior's Lutheran Church in South Shore
Archive classification
This is the archive's application of its published inclusion test. The cited record appears below.
The state supreme court record says Werner supervised church programs and taught confirmation, and that the charged contact occurred during church activities involving young parishioners. A concurrence states directly that he used his religious position to abuse the girls and that parents entrusted their children to him because of the congregation. Pastoral authority supplied access and a benign explanation for repeated touching.
- Pastoral or clerical authority
- Institutional obedience or isolation
Evidence structure
Proceedings
Date in cited record · jury verdict and sentence
South Dakota circuit court. The jury convicted Werner of five counts of sexual contact and two counts of attempted sexual contact with a child under sixteen, acquitted him on two other counts and the court sentenced him to the South Dakota State Penitentiary.
1992-03-04 · direct appeal, No. 17434
Supreme Court of South Dakota. The court affirmed the seven convictions. It held that the trial court did not abuse its discretion in admitting other-acts evidence and did not improperly limit the defense expert's testimony. Rehearing was denied April 13, 1992.
Documented coercion mechanisms
- pastoral access to children
- church and confirmation activities used to isolate girls
- congregational trust
- conduct presented as ordinary affectionate touching
Cited record
Sources
- state supreme court opinion reproduction final appellate judgment and nexus Supreme Court of South Dakota, State v. Werner, 482 N.W.2d 286, No. 17434 (Mar. 4, 1992), rehearing denied Apr. 13, 1992.
The published opinion records the five completed and two attempted-contact convictions, two acquittals, affirmance, church settings, confirmation role, use of religious position and the majority, concurrence and dissenting analyses of prior-acts evidence.
Source provenance
Source access and integrity log
This log records source retrieval and file integrity. It does not mean that an automated process independently confirmed every statement in the source.
- Source and tier basis
- https://law.justia.com/cases/south-dakota/supreme-court/1992/17434-1.html Corpus classification: state-supreme-court-opinion-reproduction; evidentiary role: final-appellate-judgment-and-nexus.
- Retrieval
- 2026-07-27 · Retrieval failed
- Bound by Fear automated source-preservation ledger
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Related record
Related cases · Christian institutions & contexts
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- 2009 · Dublin, Ireland Ryan Commission: abuse 'endemic' in Catholic-run institutions (state inquiry)
- 2021 · Paris, France CIASE/Sauvé Report: est. 216,000 abused by French clergy since 1950
- 2019 · Vatican City McCarrick: ex-cardinal found guilty by Vatican canonical process, laicized
- 2010 · Oregon City, OR, USA Beagley faith-healing death: parents convicted (criminally negligent homicide)
- 2014 · Philadelphia, PA, USA Schaible: 3rd-degree murder, second child dead of untreated pneumonia
- 2001 · London, UK Victoria Climbié: murder convictions; possession belief; Laming Inquiry followed
- 2012 · London, UK Kristy Bamu: kindoki 'deliverance' murder convictions (30/25-yr minimums)