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Minister jailed for refusing to answer DA's questions

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The Baton Rouge Advocate

LUCEDALE, Miss. (AP) -- A minister who operates a children's home has been jailed for refusing to testify about the welfare of more than 100 home residents, citing the constitutional separation of church and state for his refusal.

The Rev. Herman Fountain took the stand twice during a Stone County Youth Court hearing on the legal status of a 14-year-old Bethel runaway, refusing to testify each time.

As he was being booked into the George County Jail, Fountain said he refused to answer any questions about the home because they violated the constitutional separation of church and state.

"I did answer questions pertaining to myself," Fountain said. "But the line pertaining to the separation of church and state is drawn right here with me."

A judge jailed the independent Baptist minister Wednesday for 30 minutes when he first refused to answer the questions. The judge later brought him back to court during the afternoon.

Fountain again refused to answer the questions of George County Prosecutor Mark Maples and the judge.

The hearing began last week for a youngster who fled May 28 from his family during a visit to New Orleans.

Under state law, all Youth Court proceedings are confidential.

Fountain faces a $500 fine and a 90-day jail term or both if he refuses to cooperate.

Fountain, a self-proclaimed recovered heroin addict, opened Bethel here in 1979.

Allegations against the home by former residents range from severe beatings to forced labor.

Fountain denounced such allegations, saying his mission is "to lead people to the Lord Jesus Christ."

In 1980, George County authorities removed 33 children from Bethel and charged Fountain and a Bethel worker with misdemeanor assault. The charges, based on information from a runaway, later were dropped and the children were allowed to return to the home.

Fountain learned Wednesday that a former resident had filed suit seeking $1 million in damages from him and the facility, charging false imprisonment, slavery and assault.

1988 Jun 10