• Child protection chief in vow to help church. SCOTLAND: The newly appointed national director of child protection for the Catholic Church has vowed to "protect all children in Scotland from physical and sexual abuse".
May Dunsmuir stepped into her new role as a national child protection supremo in the wake of allegations of child abuse in Scotland.
The qualified solicitor pledged to ensure the Catholic Church "provided a safe environment for children".
-- Glasgow Evening Times,
(http://www.eveningtimes.co.uk/hi/news/5021220.html)
(Posted by Kathy Shaw, Poynter Abuse Tracker)
(This is the first of the Poynteronline Abuse Tracker edition for Wednesday, November 19, 2003.)
• Catholic Church sets sex guidelines for priests. MANILA, PHILIPPINES: Church leaders Wednesday released a set of guidelines on sexual misconduct among priests, months after scandals involving two bishops rocked the predominantly Catholic Philippines.
Under the guidelines priests found to have fathered a child would not be automatically defrocked but those with two would be immediately asked to
leave the Church.
Those found committing homosexual acts would be sent to a rehabilitation center run by the church, but if the offense were repeated they would be expelled at once, the guidelines said.
The Roman Catholic Bishops Conference (CBCP) was forced to come up with
the protocol after two prominent bishops earlier this year were embroiled
in sex scandals. . . .
The Catholic Church for the first time last year publicly apologized for sexual abuses committed by Filipino priests, but insisted that a majority of clergymen remained faithful to their vows.
The Church admitted that some 200 priests had been investigated for sexual misconduct over the past 20 years. Some were dismissed, while most resigned voluntarily. (AFP)
-- Sun.Star,
(http://www.sunstar.com.ph/static/net/2003/11/19/catholic.church.sets.sex.guidelines.for.priests.(12.29.p.m.).html) , AFP,
Wednesday, November 19, 2003
• Prosecutors, archdiocese still talking. CINCINNATI (OH): For the second straight day, a special grand jury seated to hear evidence of possible cover-up by the Archdiocese of Cincinnati of allegations of
sexual abuse by priests didn't meet Tuesday.
That's because archdiocese officials continued to meet with Hamilton
County prosecutors during the day to discuss a possible settlement.
"I can't tell you," Archdiocese spokesman Dan Andriacco said Tuesday when
asked for an update on the discussions.
"All I can tell you is -- it's still true that there are discussions
between the archdiocese and prosecutors."
Tricia Hempel, an archdiocese spokeswoman, said Monday "if something
breaks, it should be at the end of the week."
-- The Cincinnati Post,
(http://www.cincypost.com/2003/11/19/arch111903.html)
By Kimball Perry, Nov 19 03
• Details emerge about former Michigan priest accused of molestation.
MICHIGAN: Newly released police reports detail allegations of eight years of sexual
abuse by a former Ann Arbor, Mich., priest against a boy.
The Rev. Timothy Crowley never was charged, but was stripped of his
ministerial abilities by Michigan's Lansing Diocese in July 2002.
The alleged victim declined comment, as did the Lansing Diocese, for a
Monday story in the Anchorage (Alaska) Daily News.
Crowley, who has been serving in the Anchorage Diocese since 1995,
resigned from St. Thomas the Apostle Church in Ann Arbor in 1993 after
being confronted by the Lansing bishop about accusations against him.
Following two years of counseling, he transferred to Anchorage, where he
celebrated Mass and served as a spokesman for the Anchorage Diocese.
-- Mlive.com,
www.mlive.com ,
The Associated Press, Nov 18 03
• Church appoints officer to stamp out sex abuse.
SCOTLAND: The Catholic Church in Scotland has confirmed its commitment to
eradicating child sexual abuse at the hands of its priests and clerics,
with the appointment of its first national director of child protection.
May Dunsmuir’s appointment yesterday follows a spate of allegations of
abuse from across the West of Scotland and beyond.
Speaking at a press conference in the diocese of Paisley, Mrs Dunsmuir,
41, from Prestwick, vowed to "protect all children in Scotland from
physical and sexual abuse" and ensure that the Catholic Church "provided a
safe environment for children".
Mrs Dunsmuir, who is not a Catholic, is a solicitor and has worked as a
Children’s Reporter and has previous experience working as a legal and
parliamentary officer for the Scottish Association for Mental Health.
In her new role, which she takes up on 8 December, she will be responsible
for ensuring priests follow child protection rules after the Church was
rocked by a series of scandals worldwide.
-- The Scotsman,
(http://www.news.scotsman.com/scotland.cfm?id=1277402003)
by James Doherty
• Diocese Seeks Dismissal Of Lawsuits Against Priests.
KANSAS CITY (MO): The Catholic Diocese of Kansas City-St. Joseph has
asked for dismissal of lawsuits alleging sexual abuse of minors by two
priests.
The diocese said that claims in three lawsuits naming former priest Hugh
Monahan and another naming former priest Francis McGlynn were not clearly
stated, as required by court rules. The diocese made its claims in motions
filed Monday in Jackson County Court.
All the suits blame the diocese for not taking action against the priests.
Diocesan officials said that they were unaware of the alleged abuse.
-- TheKansasCityChannel.com,
(http://www.thekansascitychannel.com/news/2648362/detail.html)
• DeWitt man files suit against priest, church.
CLINTON, Iowa -- A fifth man has stepped forward with sex abuse
allegations against the Rev. James Janssen and the Diocese of Davenport,
filed this week in a Clinton County lawsuit.
Donald J. Green of DeWitt is accusing the retired Catholic priest of
fondling him when he was a minor, beginning in 1982 while he and his
family attended SS Philip & James Parish in Grand Mound.
Green also blames the diocese for failing to take action against Janssen,
and allowing him to continue in a "position of power and authority within
the Diocese," the lawsuit states.
Green issued a written statement Tuesday that said he filed the lawsuit
because of the way the diocese and Janssen have responded to other recent
lawsuits about alleged sexual abuse of minors in the church.
-- Quad-City Times,
(http://www.qctimes.com/internal.php?story_id=1020592&t=Local+News&c=2,1020592)
By Kay Luna
• 7th suit filed against diocese.
DAVENPORT (IA): A seventh lawsuit was filed this week against the Davenport Catholic
Diocese related to alleged sexual abuse by priests.
Donald Green of Clinton County said his lawsuit against the Rev. James
Janssen and the Davenport Catholic Diocese isn't about money but about
holding the church, the diocese and the priest accountable.
"Based on the response of the diocese to the other victims, I am convinced
the only way to create positive change for my church is for the diocese to
face legal action," Green said in a written statement. "It is my goal to
make sure this type of cover-up does not continue. I want the children of
our church to be protected and the needs of victims of sexual abuse by
clergy to be addressed and met in a loving Christian manner."
The Davenport diocese Tuesday acknowledged the lawsuit and said it was
reviewing the complaint.
-- Des Moines Register,
(http://www.dmregister.com/news/stories/c4788993/22799415.html)
By Shirley Ragsdale, Register Religion Editor, Nov 19 2003
• Priest accused in 1960s abuse of a young girl.
HOLLIDAYSBURG (PA): A former Centre County woman filed a lawsuit yesterday
against Altoona-Johnstown Roman Catholic Diocese contending she was
sexually abused as a young girl in the late 1960s by a Somerset County
priest who is also her uncle.
Therese Roland McIntyre, who is now living in Colorado, is the first woman
to file a sex-abuse lawsuit against the diocese in Common Pleas Court, and
the second female to accuse the Rev. Joseph Strittmatter of sexual abuse.
Diocese officials said Strittmatter has not been allowed to present
himself as a priest for several years, though he has not been defrocked.
The lawsuit said McIntyre, whose age was not immediately available, was
sexually abused by Strittmatter for three or four years, ending when she
was 12 years old. The alleged abuse included sex acts and attempted rape.
-- The Tribune-Democrat,
(http://www.tribune-democrat.com/site/news.cfm?newsid=10535333&BRD=2332&PAG=461&dept_id=484742&rfi=6)
By Susan Evans
• Judge refuses to commit convicted sex offender.
WORCESTER (MA): A convicted sex offender who alleged he was sexually abused by
a priest as a child was released from custody yesterday after a trial to
determine whether he was to be committed as a sexually dangerous person.
District Attorney John J. Conte filed a petition in Worcester Superior
Court seeking to have Neil W. Sweeney Jr., 38, of Worcester, committed to
the Massachusetts Treatment Center for sex offenders in Bridgewater for
one day to life as a sexually dangerous person.
After a jury-waived trial that ended yesterday, Judge Elizabeth M. Fahey
found that prosecutors failed to meet their burden of proving beyond a
reasonable doubt that Mr. Sweeney was sexually dangerous, as that term is
defined under the law. It was the obligation of Assistant District
Attorney Peter J. Pratt to prove that Mr. Sweeney had a past conviction
for a sexual offense and suffered from a mental abnormality or personality
disorder that made him likely to commit another sex crime if not confined
to a secure facility.
Court records show that in 1995 Mr. Sweeney pleaded guilty in Worcester
Superior Court to two counts of indecent assault and battery on a child.
He was sentenced to 18 months in the House of Correction with five years
of probation to follow.
The 18-month jail term was later reduced to one year. After his release
from custody, Mr. Sweeney fled to California and violated the terms of his
probation by failing to report to his probation officer and to undergo
counseling for his sex offenses, court records show.
In 2001, he was arrested in California as a fugitive from justice and was
returned to Massachusetts, where he received a jail sentence of 2½ years
for violating his probation.
Conflicting psychological reports were introduced into evidence during the
trial that concluded yesterday. Psychologist Frederic Krell offered the
opinion that Mr. Sweeney is sexually dangerous while another psychologist,
Leonard A. Bard, said there was no evidence suggesting Mr. Sweeney was
likely to commit another sex crime if released.
Mr. Sweeney had complained to officials of the Roman Catholic Diocese of
Worcester that as a child he had been abused by a priest.
Monsignor Thomas J. Sullivan, diocesan chancellor, and Frances Nugent,
social worker in the diocese's Office of Healing and Prevention, testified
during the trial that the diocese would pay for Mr. Sweeney's counseling
if he were released.
Judge Fahey said she believed Mr. Sweeney to be a pedophile with a
personality disorder, but was not satisfied beyond a reasonable doubt that
he would commit another sex crime if not confined.
-- Telegram & Gazette,
(http://www.telegram.com/apps/pbcs.dll/article?AID=/20031119/NEWS/311190381/1005/NEWSLETTERS06)
by Gary V. Murray
• Man claims abuse by priest made him insane.
SYRACUSE (NY): A 54-year-old man who has filed a $150 million lawsuit
alleging he was sexually abused by a Catholic priest from 1963 to 1970 is
seeking to have the statute of limitations waived in his case.
The alleged sexual abuse caused such severe emotional and psychological
problems that it left John Zumpano incapable of pursuing legal recourse
against the Rev. James Quinn, Zumpano's attorney, Frank Policelli, said
Tuesday.
Zumpano "suffered from a mental condition that caused (him) to have an
overall inability to function in society so as to not be able to pursue,
protect or safeguard his legal rights," Policelli wrote in legal papers.
Oneida County Judge Norman Siegel will hear arguments Thursday in Utica on
a motion by the Syracuse Roman Catholic Diocese to dismiss the lawsuit
because the statute of limitations has expired.
-- Newsday,
(http://www.newsday.com/news/local/wire/ny-bc-ny--churchabuse1118nov18,0,3810500.story)
By William Kates, Associated Press Writer, November 18, 2003
• Priest: Church funds misappropriated [CURRENT].
WOODS HOLE (MA): State Police are examining financial records at St. Joseph's
Church after the Rev. Bernard Kelly admitted there was a "misappropriation
of funds" while he was pastor.
Kelly, 70, has been embroiled in the murder investigation of Jonathan
Wessner. He was one of the first people interviewed by police when the
20-year-old Falmouth man disappeared Sept. 20.
Kelly admitted to Fall River Diocese Bishop George Coleman that there was
a "misappropriation." Coleman then asked Cape and Islands District
Attorney Michael O'Keefe to investigate.
It is too early to say whether criminal charges will be forthcoming or
whether "misappropriation" meant Kelly stole the money, said John Kearns,
spokesman for the Fall River Diocese, yesterday.
A private accounting firm is conducting a complete audit of the parish's
finances, he said.
Kelly and his attorney, Francis O'Boy, could not be reached for comment.
-- Cape Cod Times,
(http://www.capecodonline.com/cctimes/priestchurch19.htm)
By Amanda Lehmert, November 19, 2003
• Yes, Virginia -- Bishop did disparage background checks.
DALLAS (TX): Editorial,
Dear Editor:
I am 8 years old. Some of my little friends say that at the big Catholic
bishops' conference last week, Dallas Bishop Charles Grahmann questioned
the need to investigate foreign priests before they minister to Catholics
here. I find this very hard to believe, given what the diocese has been
through under our bishop's leadership, but Papa says, "If you see it in
The Dallas Morning News, it's so." Please tell me the truth, did Bishop
Grahmann really say this?
-- Virginia O'Hanlon.
Virginia, your little friends are right. Bishop Grahmann's actual words
were, "Do we all have to do this background check for someone who just
wants to come in for six weeks?"
Yes, Virginia, there have to be background checks. They must exist as
certainly as clerical pederasty, the plaintiff's bar and
multimillion-dollar jury awards exist, and you know that they abound and
give to Bishop Grahmann's ministry in Dallas its greatest distinction.
-- The Dallas Morning News,
(http://www.dallasnews.com/opinion/editorials/stories/111803dnmetedibishop168a99cd.html)
Editorial, Tuesday, November 18, 2003
• Court Hears Plea on Priests.
LOS ANGELES (CA): In an unusual matchup, Los Angeles County prosecutors joined two
newspapers Monday in trying to persuade state appellate court judges to
make public documents in the grand jury investigation of Roman Catholic
priests accused of child molestation.
Kelli L. Sager, the attorney for the Los Angeles Times and the Los Angeles
Daily Journal, argued that the public has a right to know more about the
legal fight being waged behind closed doors by the Archdiocese of Los
Angeles. Church lawyers are trying to stop the release of potentially
damaging personnel files on priests.
Sager argued that the court should not have issued a blanket order sealing
all documents in the ongoing criminal investigation of pedophile priests.
It is uncertain how the justices in the 2nd District Court of Appeal will
rule. But they indicated in arguments Monday that they will draft a rule
for trial judges to follow on the secrecy required for grand jury-related
proceedings.
Presiding Justice Joan Dempsey Klein defended Los Angeles County Superior
Court judges who sealed the documents, saying that they had little
guidance because state law does not address the point.
She urged lawyers to help the court draft a rule that will not result "in
the unauthorized disclosure of matters occurring before the grand jury."
The other justices on the panel are Walter Croskey and Patti S. Kitching.
-- Los Angeles Times,
(http://www.latimes.com/news/local/la-me-priests18nov18235631,1,1771788.story?coll=la-headlines-california)
By Jean Guccione
(Posted by Kathy Shaw, Poynter Abuse Tracker)
//////////////////// End of www.poynter.org/column.asp?id=46, Wednesday, November 19, 2003
########## Poynteronline Abuse Tracker, www.poynter.org/column.asp?id=46,
Thursday, November 20, 2003 edition follows:- •Man's suit against home can proceed.
LINCOLN, Neb. (AP): An Omaha man's lawsuit against a South Dakota home
for boys alleging sexual assault and kidnapping by a priest in the 1960s
can continue, but his case against the Catholic diocese cannot.
The 8th U.S. Circuit Court of Appeals on Monday reversed a lower court's
decision dismissing the man's claims against the Sky Ranch for Boys in
western South Dakota and the Sky Ranch Foundation.
However, the court upheld U.S. District Judge Joseph Bataillon's decision
to dismiss claims made against the diocese of Rapid City.
The man's attorney, Jim Polack of Omaha, had not seen the decision Monday
and had no immediate comment.
The attorney for Sky Ranch, Bill May of Rapid City, had also not seen the
opinion and had no comment.
The plaintiff claimed he was 14 years old in 1965 when he first was sent
to the ranch from his Omaha home. He claims he was assaulted several times
there by the ranch's director, the Rev. Donald Murray, who has since died.
-- Rapid City Journal, (http://www.rapidcityjournal.com/articles/2003/08/19/news/state/state04.txt)
(Posted by Kathy Shaw, Poynter Abuse Tracker)
• Priest sued for swindle: Accused killer's pal eyed for stealing at least $50G [CURRENT].
WOODS HOLE (MA): An embattled priest with close ties to accused killer Paul Nolin pocketed more than $50,000 in church cash and is being sued by the Diocese of Fall
River, according to records obtained by the Herald.
The Rev. Bernard Kelly is under investigation by Cape Cod prosecutors and
is expected to face charges he swindled St. Joseph's out of thousands of
dollars during his six-year tenure at the Woods Hole church, according to
his attorney, Frank O'Boy.
"Father Kelly fully intends to make restitution to the diocese for any
missing funds. He sincerely regrets the pain and anguish this and other
matters have caused to the fine parishioners of St. Joseph's Church, his
brother priests and the Diocese of Fall River. He humbly begs their
forgiveness," O'Boy said.
Cape and Islands District Attorney Michael O'Keefe began a criminal probe
after O'Boy - at Kelly's request - told church officials about the missing
money. Asked if Kelly will be charged with stealing from the church, O'Boy
said, "I would expect he would be." Assistant District Attorney Michael
Trudeau confirmed the priest is under investigation.
According to court records obtained by the Herald, Kelly "used his
position to wrongfully assert dominion and control over funds of the
Parish and the Diocese, misappropriating a portion of the funds for his
personal use." The suit says the exact amount of missing cash is unknown
but that it exceeds $50,000. As part of the suit, a judge has slapped a
$150,000 lien on Kelly's expansive home in the Cummaquid section of
Barnstable, records show.
The house is the same property where Kelly, 70, reportedly threw a
birthday bash for Nolin, a convicted child rapist who was working as a
handyman at St. Joseph's. Kelly and Nolin reportedly had a sexual
relationship, an allegation denied by their attorneys.
-- Boston Herald,
(http://www2.bostonherald.com/news/local_regional/kell11202003.htm)
by Dave Wedge, Thursday, November 20, 2003
• First archdiocese, VOTF meeting under O'Malley goes well.
BOSTON (MA): Leaders of the lay Catholic group Voice of the Faithful and the
Archdiocese of Boston expressed fresh optimism about their sometimes
strained relationship after an hourlong meeting yesterday.
"The tone of the meeting was positive, the discussion was positive,"
said VOTF Executive Director Steve Krueger. "It felt like a real
dialogue. It was warm and it was positive."
The Rev. Christopher J. Coyne, a spokesman for the archdiocese, said the
meeting "was courteous and deferential on both sides."
The session was the seventh between the group and archdiocesan officials,
but the first since Sean P. O'Malley was installed as archbishop in July.
-- Boston Herald,
(http://www2.bostonherald.com/news/local_regional/voic11202003.htm)
by Eric Convey,
Thursday, November 20, 2003
• Church audit grows wider [CURRENT].
WOODS HOLE (MA): The investigation into the Rev. Bernard Kelly's financial mishandling of church funds may go beyond a tiny Woods Hole parish, a Fall River Diocese spokesman said yesterday.
The diocese will audit financial records from other parishes where Kelly
worked if those records are available, spokesman John Kearns said.
"We are looking to see if that is feasible," Kearns said. "We have to see
what kind of records are available."
Kelly worked at churches in Wellfleet, Hyannis, and Martha's Vineyard as
far back as the 1960s.
The diocese and the Cape and Islands District Attorney's Office are
investigating records after Kelly admitted last Friday that there was a
"misappropriation of funds" during his tenure at St. Joseph's.
Kelly, 70, has been tangled in the murder investigation of Jonathan
Wessner.
Wessner was allegedly kidnapped and murdered by Paul Nolin, 39, a
convicted child rapist whom Kelly befriended and employed at the church.
-- Cape Cod Times,
(http://www.capecodonline.com/cctimes/churchaudit20.htm)
By AMANDA LEHMERT
• Report: Archdiocese Could Admit Guilt Thursday.
CINCINNATI (OH): The Archdiocese of Cincinnati might enter a guilty plea in
connection with the ongoing investigation into claims of sex abuse by
priests, according to a published report.
The Cincinnati Post reported the Archdiocese will plead guilty to a single
misdemeanor count in exchange for no prosecution of individual employees.
That word came on the heels of additional lawsuits filed against
individual priests and the church leaders that allegedly failed to
supervise them, WLWT Eyewitness News 5's Mark Kahler reported Wednesday.
Alleged abuse victim Christy Miller said the Rev. Tom Brunner was a close
friend in the early 1980s until he made sexual advances toward her.
"He lured you right in," she said. "And there have been other victims as
well and we all seem to have the same story. It all seems to happen the
same way."
The Archdiocese has maintained that lawsuits like this are improperly
directed because church leaders always acted within the law, but
plaintiffs like Miller, who was a student at Mt. Notre Dame High School 20
years ago when the alleged abuse took place, tell another story.
-- channelcincinnati.com ,
(http://www.channelcincinnati.com/news/2650213/detail.html)
• O'Malley to reconsider policies against lay group.
BOSTON (MA): Archbishop Sean P. O'Malley, saying it is time for healing and
reconciliation, said yesterday that he will reconsider the Archdiocese of
Boston's refusals to accept money raised by Voice of the Faithful or to
allow new affiliates of the lay organization to meet on church property.
O'Malley also told leaders of Voice of the Faithful that he wants to
strengthen the role of lay people in administering parishes, and he
pledged to make public an audit of the archdiocese's efforts to prevent
sexual abuse of minors.
O'Malley met yesterday for the first time with leaders of Voice of the
Faithful, an international group based in Newton claiming 30,000 members
that was formed last year by Catholics upset by the church's handling of
the clergy sex abuse crisis. The private meeting lasted about an hour, and
was characterized by a level of mutual respect that was not present at
meetings between the lay organization and Cardinal Bernard F. Law,
according to participants.
O'Malley's spokesman, the Rev. Christopher J. Coyne, used the most
generous language ever by a Boston church leader to describe Voice of the
Faithful, an organization that around the country has been welcomed by
some bishops but banned by others and which has been denounced by its
critics as dissident.
"Each member of Voice of the Faithful who came made it very clear . . .
that they are faithful, good members of their parishes, and that the
people who are part of Voice of the Faithful are not dissidents, people
who are not out to spread disunity within the church, but just people who
want to help the church move forward," Coyne told reporters after the
meeting. "All of us around the table did not see divisions between
Catholic and Catholic, but mainly just saw some issues within the family
that need to be resolved."
-- Boston Globe,
(http://www.boston.com/news/local/articles/2003/11/20/omalley_to_reconsider_policies_against_lay_group/)
By Michael Paulson, Nov 20 2003
• Plea bargain likely in church sex abuse case.
CINCINNATI (OH): The Roman Catholic Archdiocese of Cincinnati and Hamilton County
prosecutors are expected to enter a plea agreement this afternoon in which
the archdiocese is convicted and punished for alleged criminal activities
that prosecutors have been investigating for the past 18 months.
Hamilton County Common Pleas Court Judge Richard Niehaus said Wednesday
that both parties have scheduled an informational meeting in his chambers
at 3 p.m. today in which he expects to be presented "with a done deal."
"I don't know if it's individuals or an entity (pleading guilty)," Niehaus
said. "I don't know what the charges are or what the penalties will be.
But (the defendants) are going to have to plead guilty or no contest" to
the charges.
Jon Esther, a spokesman for the prosecutor's office, declined to comment
on the possibility of a plea agreement, but did say the grand jury in the
case "remains on hold."
Archdiocese spokesman Dan Andriacco declined to comment on Wednesday.
-- Dayton Daily News,
(http://www.daytondailynews.com/localnews/content/localnews/daily/1120priests.html)
By Jim DeBrosse and Tom Beyerlein,
jdebrosse@DaytonDailyNews.com and tbeyerlein@DaytonDailyNews.com
• Settlement deal likely in church abuse case.
CINCINNATI (OH): The Archdiocese of Cincinnati is expected to enter a plea to a criminal charge today as part of a deal that would end an investigation into clergy
sexual abuse.
The deal is the product of several days of settlement talks between church
lawyers and Hamilton County prosecutors, who have spent nearly two years
investigating the archdiocese's handling of abuse cases.
The deal is believed to be the first in the country to require a diocese
or a church official to plead to criminal charges related to the abuse
crisis.
Attorneys on both sides met Wednesday with Common Pleas Judge Richard
Niehaus to discuss the status of their negotiations and to schedule a
court hearing for this afternoon.
"They didn't tell me what the deal was," Judge Niehaus said. "It's between
them."
-- Cincinnati Enquirer,
(http://www.enquirer.com/editions/2003/11/20/loc_archdiocese20.html)
By Dan Horn, Nov 20 03
• Bishop Guertin settles abuse case.
NASHUA (NH): A former Bishop Guertin High School student who claimed he was
sexually abused by Brother Roger Argencourt while attending the school in
the 1970s has settled a lawsuit against the school.
The settlement is the first out of 10 cases filed against the school and
the religious order that runs it by former students who say they were
sexually abused by members of the order of the Brothers of the Sacred
Heart, said Peter Hutchins, the Manchester lawyer who is representing the
former students.
All 10 cases allege sexual abuse by five former brothers at the school
including Argencourt, who died in September 2002.
Two of the cases allege misconduct against Argencourt, but Hutchins
declined to name the client who settled Wednesday at the request of his
client, but said the abuse occurred in the 1970s.
"It was one of the first cases we brought to litigation," he said.
-- Telegraph,
(http://nashuatelegraph.com/Main.asp?SectionID=25&SubSectionID=354&ArticleID=93894)
By STEPHANIE HOOPER, hoopers@telegraph-nh.com
• Church may face more woes.
CINCINNATI (OH): When attorneys for the Archdiocese of Cincinnati walk into court at 3:30 today and, as expected, cut a deal with prosecutors that results in the
organization being convicted of crime and sentenced to pay a fine, it
should end the local criminal investigation into the church.
But it may fuel even more legal battles for the archdiocese.
"Holy mackerel!" attorney Konrad Kircher said Wednesday when told the
archdiocese is expected to be convicted of a crime relating to a possible
cover-up by church officials of allegations that minors were abused by
employees of the organization.
Kircher, who represents 37 clients suing the archdiocese and priests for
not reporting allegations of sexual abuse, said he was surprised on one
level by the report of a guilty plea today.
-- Cincinnati Post,
(http://www.cincypost.com/2003/11/20/arch112003.html)
By Kimball Perry, Nov 20 03
• Diocese seeks dismissal of four sexual abuse lawsuits.
KANSAS CITY, Mo. (KRT): The Catholic Diocese of Kansas City-St. Joseph
has filed motions to dismiss four more lawsuits that allege sexual abuse
of minors by diocese priests.
Motions filed in Jackson County Circuit Court this week said three suits
naming former priest Hugh Monahan, and another naming former priest
Francis McGlynn should be tossed out because claims are not clearly
stated.
Plaintiffs in the lawsuits against Monahan are Kenny Landes, David
Biersmith and someone identified only as DLB. They all allege that Monahan
sexually abused them when they were boys.
Teresa A. White sued McGlynn, alleging sexual abuse 30 years ago. The
diocese had previously moved to dismiss a sexual abuse lawsuit against
McGlynn by Frank Scheuring.
All of the suits blame the diocese for not taking action against the
priests for the abuses, but diocese officials say they were unaware of the
alleged abuses.
-- Kansas City Star,
www.kansascity.com ,
BY KEVIN MURPHY, Knight Ridder Newspapers
• 2 Men File Sex-Abuse Suits Against Priest.
MIAMI (FL): Two men sued the Archdiocese of Miami, claiming a former priest
raped them decades ago at his Sweetwater church.
The suits are the third and fourth claiming sexual abuse by the Rev.
Ernesto Garcia-Rubio, former pastor of Our Lady of Divine Providence.
Garcia-Rubio's whereabouts are not known.
In one suit, a Cuban refugee who came to Miami in 1980 said Garcia-Rubio
gave him alcohol and drugs before raping him several times.
The alleged victim, now 40, said he told another priest about the abuse
that year and that priest also sexually assaulted him.
That priest, the Rev. Hector Gonzalez, denied the allegation.
In the second lawsuit filed Wednesday, the alleged victim, now 44, said he
was raped several times by Garcia-Rubio at Our Lady of Divine Providence
in 1977.
-- Click10.com ,
(http://www.click10.com/news/2651168/detail.html)
• Interim named at St. Joseph.
NASHUA (NH): Auxiliary Bishop Francis Christian will run St. Joseph Church
until the Diocese of Manchester can find a permanent pastor.
Christian will serve as the parish’s temporary administrator for an
indefinite period, diocesan spokesman Pat McGee said Wednesday. Christian
takes over for the Rev. Gerard Desmarais, who resigned abruptly this
month.
McGee acknowledged that having the second-ranking leader of the diocese
head the parish is a result of the Catholic Church’s clergy shortage. The
diocese could not find a priest able to fill the temporary slot, McGee
said.
-- Telegraph,
(http://nashuatelegraph.com/Main.asp?SectionID=25&SubSectionID=354&ArticleID=93933)
By ALBERT McKEON,
mckeona@telegraph-nh.com
• O'Malley has "positive" meetings with Voice of the Faithful.
BOSTON (AP): The leader of a Catholic lay reform group said the group's
first meeting with Boston Archbishop Sean O'Malley on Wednesday was
"positive," but expressed disappointment O'Malley didn't lift a ban
shutting new group chapters out of archdiocese parishes.
Newly-formed Voice of the Faithful chapters have been barred from church
property since October 2002 after a decision by O'Malley predecessor,
Cardinal Bernard Law.
Voice president Jim Post said the discussion of the ban with O'Malley was
the most strained part of a cordial meeting. O'Malley told Post that he
was willing to meet again to talk more about the ban, though Post was
hoping for a ban which he considers divisive would be lifted.
"I'm disappointed every day the bans continue," Post said.
Post said most of the meeting went well, as O'Malley committed to a public
release of an audit of the archdiocese's compliance with child safety
guidelines issued by the U.S. Conference of Bishops in 2002. The audit
will likely be released in January.
-- Republican,
(http://www.masslive.com/newsflash/mass/index.ssf?/base/news-5/1069282146143061.xml)
By MARTIN FINUCANE, The Associated Press, Nov 19 2003
• In rulebook for priests, two kids and you’re out.
PHILIPPINES: Priests in the Philippines found to have fathered a child will not be
automatically defrocked but those with two will be immediately asked to
leave the Catholic Church.
Those found committing homosexual acts will be sent to a rehabilitation
center run by the Church, but if they repeat the offense they will be
expelled at once.
The offenses and their penalties are contained in an 18-page "Pastoral
Guidelines on Sexual Abuses and Misconduct by the Clergy" released by the
Catholic Bishops Conference of the Philippines on Wednesday.
The CBCP was forced to issue the protocol after two prominent bishops
earlier this year figured in sex scandals.
Bishop Crisostomo Yalung left the clergy after begetting two children by a
parishioner in Antipolo City, while the Vatican removed Teodoro Bacani,
bishop of Novaliches, on allegations that he sexually harassed his
secretary.
For the first time last year the Catholic Church publicly apologized for
sexual abuses committed by Filipino priests, but insisted that most of
them remained faithful to their vows.
-- Manila Times,
(http://www.manilatimes.net/national/2003/nov/20/yehey/top_stories/20031120top6.html)
Nov 20 03
• Almost business as usual at bishops' meeting.
WASHINGTON (DC): The church is regaining the trust of Catholics in the pews, U.S.
Conference of Catholic Bishops president Wilton Gregory contended at the
group’s semiannual meeting. Nearly two years after allegations of serial
sexual abuse and high-level hierarchical cover-ups rocked the Boston
archdiocese and brought the issue of clerical exploitation of minors back
into the national spotlight, the church has "turned the corner," said
Gregory, though it has not yet "crossed the finish line."
A major bump in the road comes early next year when the review board
charged by the bishops with investigating the scandal releases a series of
reports on the crisis. The results of an audit of each diocese’s
anti-child abuse programs will be publicly available Jan. 7, followed late
the following month by the release of two additional reports describing
the scope and causes of the crisis.
But even with those clouds on the horizon, the nearly 300 bishops gathered
for the Nov. 10-12 meeting acted like a group no longer completely
encumbered by scandal. They didn’t shy away from issues of sexual
morality, calling for the production of easy-to-read brochures promoting
church teaching on marriage -- the bishops are against efforts to equate
"civil unions" or "gay marriage" with traditional matrimony -- and birth c
ontrol. And in approving statements and policies on such issues as
agriculture policy, popular devotions and Sunday services in the absence
of a priest, they dealt with a range of non-scandal-related questions of
interest both to the wider society and internal church constituents.
-- National Catholic Reporter,
(http://ncronline.org/NCR_Online/archives2/2003d/112103/112103c.php)
By JOE FEUERHERD, Washington, Nov 21 03.
• 2 former students accuse priest of molestation.
TAMPA (FL): Two former students of a Roman Catholic school have filed suit
against a priest who taught there and the school’s religious order,
alleging he abused them.
The unidentified men are 24 now but were 13 when the Rev. Terence O’
Donnell is accused of molesting them at Mary Help of Christians Catholic
School, according to court records.
The former boarding school, now a 120-student coed middle school, is owned
by the Salesians of Don Bosco, a worldwide Roman Catholic order with U.S.
headquarters in New Rochelle, N.Y.
The lawsuit filed Monday seeks more than $15,000 in damages and alleges a
conspiracy and negligence on the church’s part for knowing about but
failing to act upon O’Donnell’s "pedophile impulses and behavior."
O’Donnell was a dormitory monitor and teacher at the school in the early
1990s, records show. After the boys’ parents reported the alleged abuse to
the school, he was reassigned to the Salesian Boys and Girls Club in
Boston and the Salesian Provincial House in New Rochelle.
-- news-press.com ,
(http://www.news-press.com/news/local_state/031119abuse-update.html)
The Associated Press, November 19, 2003
• Critique of "Voice of the Faithful".
HYANNIS, Massachusetts: Several priests in the Diocese of Fall River
recently sent out a pastoral letter to parishioners, to clarify the nature
of Voice of the Faithful, a group that gained attention in the wake of the
clergy sex-abuse scandals. Here we reprint the letter.
A Pastoral Letter From Your Priests:
Dear Brothers and Sisters in Christ,
In recent days, several parishioners have asked us for clarification about
the group called "Voice of the Faithful," which is trying to make inroads
on Cape Cod and within our Diocese of Fall River. Because we think that
many parishioners beyond those who have approached us might have similar
questions, we thought it would be appropriate to respond by means of a
parish letter.
Voice of the Faithful (VOTF) was founded in the basement of a Wellesley
church in January 2002 by those who wanted to express their concerns about
the clergy sex-abuse scandals. Over the course of subsequent months, many
good Catholic lay people, who were horrified (as were we!) by the
scandals, joined the group as a means of expressing their justifiable
outrage and firm commitment that this dark page in our Church's history
must never be repeated.
When VOTF had its first major convention in Boston on July 20, 2002, many
of us followed it closely to try discern its spirit. We were saddened to
see the direction it took. The star speakers that day were well-known and
oft-quoted critics of the Holy Father who publicly dissent from the
teachings of the Roman Catholic Church. There's a truism that you can
often learn a lot about someone from the people with whom he chooses to
associate. The same goes for VOTF, the leaders of which, of course,
invited and paid for these speakers to come to address those at the
convention.
-- ZENIT,
(http://www.zenit.org/english/visualizza.phtml?sid=44841)
Nov 19 2003
(Posted by Kathy Shaw, Poynter Abuse Tracker)
//////////////////// End of www.poynter.org/column.asp?id=46, Thursday, November 20, 2003
• Disgraced Bernard Law on nine Vatican congregations, might get Vatican job!
VATICAN CITY: Cardinal Bernard Law, whose transfers of serial child sex offenders within and outside the Boston Archdiocese led to a huge loss of respect for the Catholic Church, met privately at the Vatican with Pope John Paul II. He is on nine Vatican ruling bodies. He resigned in disgrace from being Archbishop of Boston on December 13, 2002, having ordained and transferred clergy who caught hundreds of children in their sex traps, and having cost Catholics millions of dollars, and is now tipped to be given a Vatican post!
"Cardinal Law remains in the pope's and the Vatican's good graces,
notwithstanding the scandal he left behind in Boston," said the Rev.
Richard P. McBrien, a theologian at the University of Notre Dame [United States].
(see newsitems:
- Boston Globe, "New assignment for Law anticipated,"
www.boston.com/dailyglobe2/326/metro/New_assignment_for_Law_anticipated+.shtml , By Michael Paulson, Globe Staff, Nov 22 2003; AND,
The Record, Perth Catholic newspaper, "Law meeting," The World in Brief, p 12, Nov 27, 2003
November 21, 2003
[COMMENT: No wonder one writer previously said he traced the child sex-abuse problem back to Rome. -- Faith Purification Programme, 11 Jan 04. COMMENT ENDS.]
Papal interview actual date: Nov 21, 03
########## Poynteronline Abuse Tracker, www.poynter.org/column.asp?id=46,
Friday, November 21, 2003 edition follows:- • Keeping society safe.
SPRINGFIELD (MA): It was coincidental that the Diocese of Springfield announced the hiring of a priest monitor on the day a Boston media team publicized an expose of
the state's sex offender monitoring program.
But the two events are directly related.
There are still some Catholics and non-Catholics in western Massachusetts
who believe that the church should sever all its ties with priests who are
suspected or confirmed sex offenders, especially one well-known priest who
has been found guilty of a serious criminal charge.
This attitude is understandable, as disheartened Catholics want the church
to move beyond the abuse crisis by "purifying" itself of its sinful
members. But this opinion is not only bad theology. It's also an
impediment to building a safer environment for children.
-- iobserve ,
(http://www.iobserve.org/editorial.html)
(Posted by Kathy Shaw, Poynter Abuse Tracker)
• ARCHDIOCESE FINED IN ABUSE COVERUP [1978-82].
CINCINNATI (OH): The Roman Catholic Archdiocese of Cincinnati pleaded no contest yesterday to five misdemeanor counts of failing to report sexual abuse of children,
becoming the first diocese in the nation to be convicted of a crime in
connection with the scandal over sexual misconduct by priests.
Archbishop Daniel Pilarczyk, flanked by church lawyers, entered the plea
in a deal with prosecutors that also requires the archdiocese to set up a
$3 million compensation fund for abuse victims.
An Ohio judge imposed the maximum fine of $2,000 on each count, for a
total of $10,000, and sternly rebuked Pilarczyk.
"I believe this is an extremely tragic event," Common Pleas Court Judge
Richard Niehaus said. As a lifelong Catholic, he added, he was
disappointed that church officials placed "self-preservation" above their
"moral duty" to report serious crimes against children.
"I know that you aren't the only one that has done wrong," Niehaus told
the 69-year-old archbishop before a packed courtroom. "But I believe
everybody has the duty to follow the law."
Pilarczyk declined to comment after the proceeding, and the archdiocese's
communications office did not return phone calls yesterday afternoon.
The plea agreement avoids the indictment of any individuals after two grand jury investigations over the past 18 months. Church officials also reached a deal Monday in which they turned over disputed documents to the grand jury, but the records remain under seal and cannot be made public, Hamilton County Prosecuting Attorney Michael K. Allen said.
Allen said in a telephone interview that the grand jury investigation was "extremely frustrating" because dozens of victims came forward with credible reports of abuse, but the statute of limitations prevented nearly all of their cases from being prosecuted.. . . .
Several other dioceses have narrowly avoided criminal charges for their handling of sex abuse cases. Phoenix prosecutors said they had grounds to indict that city's former bishop, Thomas J. O'Brien, on charges of obstruction of justice. But instead, they reached an agreement in which he appointed independent administrators to handle abuse allegations and created a $600,000 compensation fund. Two weeks later, O'Brien was arrested in a fatal hit-and-run accident.
In New Hampshire, prosecutors settled for an admission by the diocese of Manchester that it could have faced a charge of child endangerment, along with an agreement to make public thousands of church documents on abuse cases. And in Massachusetts, prosecutors voiced frustration that they had no legal avenue to prosecute church officials despite evidence that more than 1,000 children had been abused in the archdiocese of Boston.
. . .
-- Washington Post,
(http://www.washingtonpost.com/ac2/wp-dyn/A1974-2003Nov20?language=printer)
By Alan Cooperman, Friday, November 21, 2003; Page A03.
• Gabriela lauds CBCP for sex norms for priests.
PHILIPPINES: The women group Gabriela lauded Thursday the Catholic Church's move to
issue a set of guidelines on sexual misconduct among priests.
Gabriela said it is good that the Church recognizes the abuses committed
by some of its members.
The group, however, said the Church should take more positive steps and
set dialogues with women's groups to inform women parishioners on the
issue.
The Catholic Bishops Conference of the Philippines (CBCP) released
Wednesday a set of guidelines on sexual misconduct among priests, months
after scandals involving two bishops rocked the country.
Under the guidelines priests found to have fathered a child would not be
automatically defrocked but those with two would be immediately asked to
leave the Church.
Those found committing homosexual acts would be sent to a rehabilitation
center run by the church, but if the offense was repeated they would be
expelled at once, the guidelines said.
-- ABS-CBN,
(http://www.abs-cbnnews.com/FlashNewsStory.aspx?FlashOID=13011)
• Former Life Assembly pastor requests probation in abuse case [2000].
TEXAS: A former pastor convicted of sexually abusing a young boy at a small
eastside church took the stand Thursday and urged jurors to give him
probation -- not 20 years in prison.
"I'm sorry," said Stephen Hill, a 31-year-old married father and former
youth ministry pastor at the New Life Assembly Church of God, in the 700
block of Uvalde.
"I just want to see healing, not only for myself, but for everybody," the
teary former pastor said.
A jury of nine men and three women convicted Hill on Wednesday of
indecency with a child. He was arrested in May 2002 and accused of
fondling an 11-year-old boy who participated in youth ministry activities.
-- Houston Chronicle, "Former pastor requests probation in abuse case,"
(http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/2239370)
By ANDREW TILGHMAN.
• Deadly entanglement: Priest planned to leave estate to accused killer.
CAPE COD (MA): Disgraced priest Bernard Kelly planned to leave his massive East Otis
vacation property to his lover-turned-accused killer Paul Nolin and was
planning to hand down $10,000 to an alleged New Bedford pedophile priest,
court records show.
Kelly, who is accused of embezzling more than $50,000 from St. Joseph's
Church in Woods Hole, had been planning since 1991 to leave his
multimillion-dollar estate to his brother, Douglas. But in August, Kelly
cut his brother out of the will, opting to leave his sprawling East Otis
farmhouse and four lots to Nolin, a convicted child rapist indicted
yesterday for the Sept. 20 kidnapping and murder of 20-year-old Jonathan
Wessner.
According to a lawsuit filed by Douglas Kelly, Nolin and Bernard Kelly
were "homosexual lovers." Investigators also have said the pair were
lovers, a claim denied by their attorneys.
Douglas Kelly lived with his priest brother in Bernard Kelly's $1.14
million farmhouse in the Cummaquid section of Barnstable from 1987 through
2000. Douglas Kelly claims he completely renovated the house, built a
guesthouse and ran a bed-and-breakfast there on the condition he would get
the property when his brother died.
The suit alleges his brother broke that promise by giving half his estate
to Nolin and seeks $4 million in damages. Kelly also is being sued by the
Diocese of Fall River, which has placed a $150,000 lien on the Cummaquid
property.
Kelly's August will also shows he was planning to leave $10,000 to Gilbert
Simoes, an ex-priest at New Bedford's Mount Carmel Church who was accused
of molesting several children in the 1960s, according to a longtime
investigator who interviewed the victims.
-- Boston Herald,
(http://www2.bostonherald.com/news/local_regional/falm11212003.htm)
by Dave Wedge, Friday, November 21, 2003
• Priest named Nolin in will.
BARNSTABLE (MA): The Rev. Bernard Kelly willed part of his Cape Cod estate and
his Berkshire county summer home to convicted child rapist and now accused
killer Paul Nolin, court documents revealed yesterday.
In a lawsuit filed in Barnstable Superior Court, the priest's brother
Douglas Kelly sought a $4 million real estate attachment to tie up Kelly's
assets in his expansive Cummaquid home and a home in Otis in Western
Massachusetts.
In court papers, Douglas Kelly claims he spent the last 15 years improving
his brother's properties with the presumption that he would inherit them
and other assets when the priest died.
Bernard Kelly's 1991 will dictated that his brother inherit the estate
after $5,000 was donated to a charity, according to court documents.
But in August, Kelly, 70, changed his will, designating $160,000 to
various people and causes, leaving his brother with $10,000 and giving
Nolin the vacation home and half of the remainder of the estate. The other
half was willed to his sister, Alice Kelly Morton.
-- Cape Cod Times,
(http://www.capecodonline.com/cctimes/priestnolin21.htm)
By AMANDA LEHMERT
• Archdiocese of Cincinnati Fined in Sex Abuse Scandal.
CINCINNATI (OH): An Ohio state judge found the Archdiocese of Cincinnati guilty yesterday of failing to report sexually abusive priests in the 1970's and 80's and
imposed the maximum penalty possible, a fine of $10,000.
The judge's decision was the result of an agreement with the county
prosecutor in which Archbishop Daniel E. Pilarczyk entered a no-contest
plea on behalf the archdiocese. The archbishop appeared in the courtroom
with several church officials and personally entered the plea.
"Do you understand," Judge Richard Niehaus of Common Pleas Court said to
the archbishop, "you admitted facts that constituted guilt?"
The archbishop, pale as he stood before the bench, answered, "Right."
The agreement was reached hastily, just as a grand jury was convened to
hear testimony against the archdiocese. It came at a time when many
bishops appear eager to dissipate the cloud of the sexual abuse scandal
that has shadowed them for nearly two years.
-- The New York Times,
www.nytimes.com ,
By LAURIE GOODSTEIN, November 21, 2003.
• Sides file motions in O'Brien's case.
PHOENIX (AZ): A defense attorney for retired Phoenix Bishop Thomas J. O'Brien wants
jurors in the upcoming trial to know the blood-alcohol level of the
pedestrian struck and killed June 14 by a hit-and-run driver.
The prosecution wants jurors to hear about a previous hit-and-run accident
involving a parked car.
O'Brien, 67, is charged with leaving the scene of a fatal accident in the
case, which is expected to go to trial Jan. 12.
A motion filed by Tom Henze about the victim's blood-alcohol level is one
in a flurry filed in recent days. Wednesday was a deadline for responses
in the motions filed by both the prosecution and the defense.
Henze asked that Judge Stephen Gerst of Maricopa County Superior Court
admit evidence showing that Jim L. Reed, 47, the victim, had a
blood-alcohol content of 0.21 percent, more than twice the legal limit for
drivers, when he was hit near Glendale and 19th avenues in Phoenix.
Reed wandered into traffic lanes after dark and "was not in a place where
he was expected to be," Henze wrote, adding: "Our defense is that the
defendant didn't see Mr. Reed."
-- The Arizona Republic,
(http://www.azcentral.com/arizonarepublic/local/articles/1121obrien21.html)
by Carol Sowers, Nov. 21, 2003.
• Archdiocese's plea deal.
CINCINNATI (OH): Cincinnati Archdiocese's no contest plea Thursday in Hamilton County
Common Pleas Court not only produced an unprecedented criminal conviction
against a diocese in sexual abuse cases, but also committed it to a $3
million victims compensation fund and felony reporting requirements
stricter than current Ohio law. Though it will not satisfy some victims of
pedophile priests, the church's plea to five counts of "knowingly" failing
to report a felony puts it on record that the victims were dealt a double
injustice: first, by the sexual abuse, and later by church officials
failing to report the crimes.
The admission of criminal conduct is clear, even though no church
officials were obliged to personally admit guilt. The settlement resolves
all pending criminal cases against the archdiocese. The criminal plea is
believed to be the first such one in the country, and offers a creative
way forward for other dioceses to begin to exorcize the disgrace of
pedophile priests from their ranks.
It ends a nearly two-year struggle between Archbishop Daniel Pilarczyk and
Hamilton County Prosecutor Mike Allen over documents that church attorneys
argued were protected by attorney-client privilege. As a new grand jury
was about to be impaneled to consider if church supervisors covered up
sexual abuse crimes against minors, archdiocese officials this week agreed
to hand over all requested documents and plead no contest in court.
-- The Cincinnati Enquirer,
(http://www.enquirer.com/editions/2003/11/21/editorial_churchplea.html)
Nov 21 03.
• Diocese wants judge removed.
BURLINGTON (KY): The Covington Diocese asked Kentucky's chief justice on
Thursday to remove the judge in the nation's first class-action lawsuit
over claims of sexual misconduct by priests.
The diocese wants Boone Circuit Judge Jay Bamberger removed from the case
because, it says, one of the judge's best friends, Mark Modlin, has been
hired as a trial consultant by plaintiffs' attorneys.
For his part, Bamberger may hold two diocesan attorneys in contempt of
court and could throw one off the case.
Professional decorum between diocesan attorneys and the judge has
deteriorated since Bamberger denied the church's request to remove himself
from the case on Nov. 13. Bamberger has characterized attempts at removing
him as "forum shopping."
Legal observers who have monitored sex-abuse claims against the church
nationwide call Bamberger's decision to grant class-action status
"unprecedented." And diocesan attorneys have said the diocese's ability to
carry out its mission could hinge on the outcome of the class-action case.
-- The Cincinnati Enquirer,
(http://www.enquirer.com/editions/2003/11/21/loc_kydiocese21.html)
By Jim Hannah, Nov 21 03
• Former minister in sex abuse claim [1985-95].
BRITAIN: A former Coventry Cathedral minister and psychotherapist is being sued for
more than £50,000 by a Warwickshire woman who alleges he abused her.
The woman, who lives in Leamington, has filed a High Court writ against
the Rev Dr Barrie Hinksman, claiming he abused her during private therapy
sessions between 1985 and 1995.
Dr Hinksman, of Stoneton Crescent, Balsall Common, performed occasional
duties as a non-stipendiary minister at Coventry Cathedral until 2001 when
his licence was withdrawn because he moved to Temple Balsall, near Balsall
Common.
He went on to do voluntary work for a Christian centre in Temple Balsall
called the Leveson centre. He resigned a research post there after hearing
about the writ, which was issued this July.
The writ states: "The claimant's claim is for damages for personal
injuries, loss and damage in consequence of the emotional, physical and/or
sexual abuse suffered whilst receiving therapy from (Barrie Hinksman), as
a privately paying client for various periods in or around 1985 until
1995.
-- ic Coventry,
iccoventry.icnetwork.co.uk ,
By Emma Snodgrass, Nov 21 2003.
• Davenport diocese faulted for response to abuse suits.
IOWA: The Davenport Catholic Diocese is one of the poorest in the nation in
responding to lawsuits alleging sexual abuse, a national advocate for
victims of priest abuse said Thursday.
"Davenport has been one of the very worst in the way it responds to abuse
victims" lawsuits," said David Clohessy, national director of Survivors
Network of those Abused by Priests, called SNAP. "They are denying
everything. Nowhere else in the country are dioceses asking for court
permission to shred documents. . . .
"To the contrary, in the smarter dioceses, those records are being made
available voluntarily."
Davenport diocese attorneys are asking a Clinton County district judge's
permission to destroy papers used to compile information for a study by
the U.S. Conference of Catholic Bishops to determine the scope of child
sexual abuse by Catholic clergy.
Diocese attorney Chuck Miller said he has asked the judge to help resolve
two conflicting directions: one suggesting that diocese officials dispose
of documents, the other ordering them not to.
-- Des Moines Register,
(http://www.dmregister.com/news/stories/c4788993/22821257.html)
By SHIRLEY RAGSDALE, Register Religion Editor, Nov 21 03
• Archdiocese found guilty of failing to report abuse.
CINCINNATI (OH): The Archdiocese of Cincinnati on Thursday became the first Catholic
institution in the nation to be found guilty of criminal charges for
failing to report sexual abuse involving priests and children.
Although the archdiocese did not admit guilt, it entered a no-contest plea
to five misdemeanor charges of failing to report a felony. The plea was an
about-face for church officials who have insisted for most of the past two
years that they had reported everything the law required.
Archbishop Daniel Pilarczyk, wearing traditional black clothing and a
Roman collar, stood before a packed Hamilton County courtroom Thursday
afternoon and entered the plea.
"Do you understand what is taking place today?" asked Common Pleas Judge
Richard Niehaus, before finding the archdiocese guilty of all charges.
-- The Cincinnati Enquirer,
(http://www.enquirer.com/editions/2003/11/21/loc_archdiocese21.html)
By Dan Horn, Nov 21 03
• Cincinnati pleas could influence other cases.
CINCINNATI (OH): A criminal plea entered by the Archdiocese of Cincinnati in the clergy sex abuse scandal may embolden prosecutors elsewhere in the country and give
greater leverage to victims in civil cases, church observers said
yesterday.
"For the first time in this country, a diocese . . . is going to be held
to account criminally," said Jeffrey Anderson, a St. Paul, Minn., attorney
who has handled more than 500 clergy abuse cases. "I think it will inspire
other prosecutors who have been timid and reluctant and hesitant" to take
on the Catholic Church.
Anderson's comments came after the Archdiocese of Cincinnati pleaded no
contest and was found guilty of five counts of failure to report
allegations of sex abuse, incurring $10,000 in fines for the five
misdemeanors.
Anderson and other advocates for victims said they hoped officials in
Cleveland and elsewhere would reopen their investigations. But Cuyahoga
County Prosecutor Bill Mason said yesterday that he did not plan further
action.
"We did our own work, we presented the information to a grand jury and we
got our results," Mason said. "Unless we come up with some new
information, we're done."
-- Cleveland Plain Dealer,
(http://www.cleveland.com/living/plaindealer/index.ssf?/base/living/1069410966150121.xml)
by David Briggs.
• Cincinnati archdiocese found guilty of cover-up.
CINCINNATI (OH): Cincinnati Archbishop Daniel E. Pilarczyk admitted in court yesterday that for years, church officials in southwest Ohio illegally covered up sexual abuse of children by Catholic priests.
A judge immediately found the archdiocese guilty of failing to report its
crimes and said church leaders had placed self-preservation ahead of
their moral duty to minister to the victims.
"Do you under stand you . . . admitted facts that constituted guilt?"
Hamilton County Common Pleas Judge Richard Niehaus asked the archbishop.
"Right," said Pilarczyk, the spiritual leader of 500,000 Catholics in 19
counties.
Yesterday's court action marked the third time diocesan officials in the
United States have avoided further court action by making arrangements
with prosecutors in sexual abuse investigations. It was the first time,
though, that a bishop or archbishop entered a plea that resulted in a
finding of guilt.
The archbishop pleaded no contest to five misdemeanor counts of failing to
report felonies. In a no-contest plea, defendants do not admit guilt but
acknowledge there is enough evidence for a conviction.
-- Cleveland Plain Dealer,
(http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/1069411185150122.xml)
by Bill Sloat and T.C. Brown
• The millstone teaching comforts survivor.
OREGON: "It started here," says Bill Crane, laying the worn leather Bible on the
ottoman in front of his chair. A ribbon marks Matthew 18:5-6, where he'd
found the image of the millstone.
The Gospel writer is quoting Jesus. "Whoever receives one such child in my
name receives me," he says to his disciples. "But whoever causes one of
these little ones who believe in me to stumble, it would be better for him
to have a heavy millstone hung around his neck, and to be drowned in the
depth of the sea."
As Crane read those words, he clung to the powerful image. Not because he
had caused another child to stumble, but because a Catholic priest in the
New Jersey diocese where Crane had grown up had caused him to stumble, and
keep on stumbling, for more than 20 years.
Crane, of Clackamas, is a survivor of clergy sex abuse and coordinator of
the Oregon chapter of the Survivors Network of Those Abused by Priests, or
SNAP. Last month, as he reeled from the news that his boyhood friend and
fellow survivor, James Thomas Kelly, had committed suicide, Crane turned
to the Bible for comfort and found the sobering symbol of transformation.
-- The Oregonian,
"Weight of years,"
(http://www.oregonlive.com/living/oregonian/index.ssf?/base/living/1069333482270330.xml)
by NANCY HAUGHT
• Victim: Church Needed To Admit Wrongdoing.
CINCINNATI (OH): An attorney for clients alleging abuse by priests hopes the
Cincinnati archdiocese's no contest plea on charges relating to sex abuse
allegations will prompt other prosecutors to aggressively pursue similar
cases.
"I'm hopeful this really emboldens other prosecutors to really take this
and carry this ball, and hopefully this is the start of some momentum,"
said Jeff Anderson, a St. Paul, Minn. attorney whose firm says it has
handled more than 700 cases of sexual abuse by clergy in 20 years. "It
sends a message across the country for other prosecutors to take a look at
these crimes."
The Roman Catholic Archdiocese of Cincinnati on Thursday pleaded no
contest to charges of failing to tell authorities about sex abuse
allegations against priests and was fined $10,000 for the five misdemeanor
counts. The no contest plea was not an admission of guilt, but an
agreement on the facts in the case that means that the archdiocese won't
fight the charges.
Anderson is a co-counsel for at least 67 people who say they were abused
by priests in the Cincinnati archdiocese. He was disappointed that the
penalties were not stiffer and that details of the abuse allegations were
not revealed.
"On balance, it's a disappointment, even though it's a step in the right
direction," he said of the court action.
The deal ends a nearly two-year investigation by prosecutors into whether
priests in the archdiocese sexually abused children and whether church
officials failed a legal responsibility to report specific cases of abuse.
The five counts covered offenses that allegedly occurred from 1978 to
1982.
James E. Tierney, a former Maine attorney general who teaches law at
Columbia University, said the case may have significance beyond
Cincinnati.
-- channelcincinnati.com ,
(http://www.channelcincinnati.com/news/2654562/detail.html)
• State trooper tells victim to stop prosecution.
WORCESTER (MA): The Shrewsbury man who sued Auxiliary Bishop George E. Rueger on a rape charge has withdrawn his case in Worcester Superior Court.
Sime M. Braio filed suit against Bishop Rueger in July 2002. The Diocese
of Worcester responded to the suit with a strong denial and Bishop Rueger
has remained in his post. Mr. Braio filed his motion on Wednesday and
Judge Tina S. Page granted the dismissal.
In the brief, handwritten motion, Mr. Braio said, "I am doing this
willfully and voluntarily. No threats have been made against me. Trooper
Tom Greene of Auburn told me to do this." Trooper Greene heads District
Attorney John J. Conte's investigative unit. Calls to Trooper Greene were
not returned last night.
Yesterday, Mr. Braio's former lawyer, Daniel J. Shea of Houston, accused
state police of coercing his client into a dismissal.
"There's going to be a tort claims act filed against the Massachusetts
State Police for tortiously interfering with my relationship with Sime
Braio," said Mr. Shea, who was fired by Mr. Braio in August.
Mr. Conte, however, dismissed Mr. Shea's accusation as false and said the
trooper would have been in contact with Mr. Braio because Mr. Braio is a
victim whose allegations are being investigated by his office.
"Tom Greene told Sime Braio, in furtherance of his motion to dismiss
without prejudice, that he could tell the judge that the state police had
not completed their investigation," Mr. Conte said.
He could not say under what circumstances the trooper and Mr. Braio's
conversation about the civil case may have come about.
"Sime is the victim," he said. "We talk to all victims."
Mr. Braio also withdrew slander charges against Monsignor Thomas Sullivan
and Assistant District Attorney James J. Reagon, even though he had
already dismissed the charges against Mr. Reagon in July.
Mr. Braio had filed a defamation suit against Monsignor Sullivan, the
diocesan chancellor and liaison to the district attorney's office. Mr.
Braio alleged that Monsignor Sullivan spread misinformation within the
diocese that Mr. Braio had HIV. Mr. Braio later sought an HIV test, which
came back negative, a result that he made public. He had alleged that Mr.
Reagon told Monsignor Sullivan that Mr. Braio was HIV positive.
Monsignor Sullivan said in pretrial testimony that Mr. Reagon provided him
with that information. Mr. Reagon denied making the statement.
Mr. Braio's lawsuit alleged that Bishop Rueger, then a parish priest,
began sexually molesting him in the early 1960s when he was 13. The suit
alleged the abuse resulted in behavior that landed Mr. Braio, now 53, in
the former Lyman School for Boys in Westboro.
The diocese kept Bishop Rueger in his post even as it removed several
priests who also had been charged with sexual abuse during the past two
years.
In September, Mr. Shea withdrew from the case while charging that Mr.
Braio was being coerced into a secret settlement. Mr. Shea filed for
intervention in the case and a hearing is scheduled for Dec. 3 in Superior
Court.
Mr. Braio had named the Roman Catholic Bishop of Worcester, a corporation,
in the suit, but the corporation was dismissed as a defendant by Superior
Court Judge Leila R. Kern on the same day Mr. Shea withdrew from the case.
In a statement released by the diocese yesterday, Bishop Rueger said, "I a
m deeply grateful to Bishop (Daniel P.) Reilly for his wonderful words and
his enduring support during this difficult time. I am grateful to my
brother priests, my sisters in religious life and all the wonderful lay
people whose prayers and kinds words have sustained me. May all of us
continue to heal our church and one another."
Also in a statement, Bishop Reilly said, "This ordeal will not diminish
our ongoing diocesan program to reach out to those who have been abused
and are seeking healing."
Bishop Reilly sent a letter to diocesan parishes saying he was, "very
grateful for your prayers and support for Bishop Rueger, and for the
encouragement given to him by thousands of people throughout the diocese
and beyond."
Diocesan lawyer James G. Reardon said he had no plans to file any
countercharges against Mr. Braio. Monsignor Sullivan had accused Mr. Braio
of extortion, saying he threatened to file suit against Bishop Rueger
unless he was paid a sum of money by the diocese.
"I'm glad the case is gone," Mr. Reardon said. "It was a very difficult
thing to have to endure. Bishop Rueger is very relieved and pleased that
he's been exonerated." [COMMENT: Ooops! That's not so!]
Mr. Reardon said the timing of the dismissal caught him by surprise.
"The diocese never paid any money on either claim, which I think is
appropriate," he said.
Mr. Shea, however, said he believes the case is anything but over.
"As of July of this year, Sime Braio had already dismissed without
prejudice the case against James Reagon and he told me he did so under
coercion from a state trooper," Mr. Shea said.
"He's now admitting that he's being told what to do by state Trooper Tom
Greene. I'm going to be demanding some answers from the state of
Massachusetts on why a state trooper is practicing law without a license.
I've never seen anything like this in my life. Thank God it's in writing."
In an interview last night, Mr. Conte called Mr. Shea's allegations
"absolutely false."
He said his office's investigation into Mr. Braio's allegations against
Bishop Rueger is ongoing, but he expects it to be completed soon.
"Hopefully, it's going to be completed very shortly," he said. "There are
some loose ends, but up to now, the allegations have not been
corroborated. (Mr. Braio) asked us to look into certain things and that is
what we are doing."
-- Telegram & Gazette,
"Suit against Rueger dropped,"
(http://www.telegram.com/apps/pbcs.dll/article?AID=/20031121/NEWS/311210475/1025)
by Richard Nangle, Nov 21 03
• Plea is milestone in Catholic abuse crisis.
CINCINNATI (OH): The Cincinnati Archdiocese pleaded no contest Thursday to charges of
failing to report clergy who sexually abused minors, in yet another
groundbreaking case against the Catholic Church.
While individual clergy elsewhere have been charged with criminal
activity, this is the first case in which a diocese as an entity has been
held criminally responsible for its conduct related to sexual abuse.
"This is the first conviction of its kind in any jurisdiction within the
United States, and it sends a clear and unequivocal message," said
Hamilton County Prosecutor Mike Allen.
Under the agreement, the archdiocese will pay a $10,000 fine and establish
a $3 million fund to compensate sexual abuse victims. The deal ends a
criminal investigation that could have resulted in convictions and prison
terms for high-ranking archdiocese officials.
By pleading no contest to five misdemeanor charges, the archdiocese did
not admit any wrongdoing -- but it agreed not to fight the charges.
-- WFAA,
(http://www.wfaa.com/latestnews/stories/112103dnnatarchdiocese.75685.html)
By SUSAN HOGAN/ALBACH / The Dallas Morning News.
• Bishops "enabled" abusers, and hanker for secrecy, reinstatement.
UNITED STATES: Last week, the head of the U.S. Conference of Catholic Bishops declared that the Roman Catholic Church has "turned the corner" on its child sexual
abuse crisis. Unfortunately, the bishops left behind children and victims
as they were making the turn.
Court records and grand jury reports show that for years most bishops
enabled priests who were perpetrators to evade prosecution. Even now as
bishops decide the fate of these perpetrators, they continue to apply a
dangerously low standard to their fellow clerics. In some dioceses,
sex-offending priests are being kept in ministry around children. Others
have been released into society with no monitoring or public notice.
Already some bishops want to lower the official basis for removing
perpetrators from ministry when their child abuse policy is up for renewal
next year.
Victims continue to be emotionally damaged by the church review process.
Recently, some have fallen to suicide; others remain in painful silence,
with little incentive to report their abuse to the church.
A new Zogby International poll shows that a remarkable 82% of Catholics
believe bishops who enabled sex offenders should "be forced to resign." As
some bishops fight to keep documents secret and others deny victims a
proper recourse to justice, the bishops will continue to be criticized for
not demanding accountability from their own peers. Even with the
anticipated release of so-called audits of compliance with new child-abuse
policies, we will only see aggregate data and learn nothing new about the
actions of individual bishops.
-- USA Today, "Actions speak louder,"
(http://www.usatoday.com/news/opinion/editorials/2003-11-20-oppose_x.htm)
By Mark Serrano, Nov 20 03.
• Under church's reform plan a few bishops lead change.
UNITED STATES: When the Roman Catholic diocese of Metuchen, N.J., needed someone to head its investigations of sexual abuse by priests, Bishop Paul Bootkoski hired
the most aggressive person he could find: the former head of a local sex
crimes unit. Bootkoski also settled 10 sexual abuse lawsuits, even though
several victims had little chance of winning in court because of a legal
technicality. And he reached out to victims with phone calls, personal
meetings and apologies.
Two years after the Catholic Church was rocked by revelations that
pedophile priests had preyed on children while bishops hid the wrongdoing,
the fact that Bootkoski's actions stand out as exceptional shows the peril
and the promise the church now faces.
As a national board chosen by bishops prepares to report in January on the
progress of a get-tough policy on abuse, Bootkoski's forthright approach
is hardly the rule.Further, the head of the panel said last week that as
of mid-September 24% of the nation's 195 dioceses had not turned over data
about past abuse for a second report.
The lag comes after a June deadline was extended to today. And it follows
the resignation of the panel's first chairman, former Oklahoma governor
Frank Keating, after he accused bishops of stonewalling.
-- USA Today,
(http://www.usatoday.com/news/opinion/editorials/2003-11-20-our-view_x.htm)
Thursday, November 20, 2003
• Hamilton County Prosecutor Makes Statement Regarding Archdiocese Agreement.
CINCINNATI (OH): Hamilton County Prosecutor Mike Allen addressed several issues concerning the settlement between the county and the Archdiocese of Cincinnati at a
news conference Thursday evening.
Allen outlined the investigation that brought dozens of victims forward
with stories of abuse.
The prosecutor described the frustration a special grand jury met with
when it attempted to investigate what crimes may have been committed
within the archdiocese. Many of the alleged incidents occurred over 20
years ago and the statute of limitations prevented them from being
pursued.
"I announce to you today and to the names of all those people who have
painfully shared with us their stories of pain and humiliation, I stand in
front of you and them and say that we have done all we can do. Justice has
been done," Allen said.
Allen stressed the fact that all involved in the settlement were now
working on ways to make sure acts of abuse by priests and other church
employees do not get ignored in the future.
The Archdiocese of Cincinnati has agreed to put safeguards in place that
are stronger than those already required by Ohio law.
-- WCPO,
(http://www.wcpo.com/news/2003/local/11/20/allen_presser.html)
Reported by: 9News, Web produced by: Stacy Puzo, Photographed by: 9News,
Nov 20 03
• Archbishop Pilarczyck Not Planning To Resign.
CINCINNATI (OH): During a question and answer session Most Rev. Daniel Pilarczyck said that he would not be resigning from his position within the Archdiocese of
Cincinnati.
"The archdiocese has taken full responsibility for certain acts that
occurred some time ago. Incidents of child abuse that should have been
reported were not reported. I apologize. I was wrong and I am sorry it
happened," Pilarczyck said.
Pilarczyck also spotlighted the creation of a $3 million fund for victims
of abuse by clergy or employees of the archdiocese.
The fund will be available to all victims whose abuse has not been brought
to closure. Pilarczyck said the fund should be ready to go early next
year.
"I realize that no amount of money can take away the pain and suffering of
those injured by sexual abuse as children," Pilarczyck said.
-- WCPO,
(http://www.wcpo.com/news/2003/local/11/20/archbishop_presser.html)
Reported by: 9News, Web produced by: Stacy Puzo, Photographed by: 9News, Nov 20 03
• CINCINNATI FINED $10,000 FOR FAILING TO REPORT PRIESTS' CHILD ABUSE
[1978-82].
CINCINNATI (OH): In what is believed to be the nation's first criminal conviction of a Catholic diocese, Archbishop Daniel E. Pilarczyk on Thursday pleaded no contest to charges the Roman Catholic Archdiocese of Cincinnati failed to report child sexual abuse by priests.
Judge Richard Niehaus of Hamilton County Common Pleas Court found the archdiocese guilty of five misdemeanor counts of failure to report a felony and imposed the maximum fine of $10,000. The counts covered incidents on "indeterminate dates" from 1978 to 1982.
In a plea bargain, the archdiocese didn't deny charges it "knowingly failed" to report "certain felony sex crimes involving minors and certain members of the archdiocese."
"I believe that this case today is an extremely tragic event," Niehaus, himself a Catholic, told Pilarczyk in court. "I believe that a religious organization that should follow not only the law but moral duty lost its way. I think all religious organizations should show compassion for victims and not try to preserve themselves at the cost of those victims."
Victims of child sexual abuse by priests expressed disappointment that the archdiocese didn't admit guilt and that no individuals will be held accountable for abuse by at least 10 diocesan priests.
-- Dayton Daily News, "Archdiocese of Cincinnati guilty of failure to report child sexual abuse by priests,"
(http://www.daytondailynews.com/localnews/content/localnews/daily/1120priestsweb.html) Nov 20 03
• Key Criminal Cases of Clergy Sexual Abuse.
UNITED STATES: Highlights of criminal cases since January 2002 involving U.S. Roman
Catholic officials' handling of sexual misconduct allegations against
clergy:
• Cincinnati: On Thursday, the Cincinnati Archdiocese admitted no
wrongdoing but avoided possible indictment by pleading no contest to five
misdemeanor counts of failing to inform authorities about allegations of
felony child abuse. The plea and resulting $10,000 fine followed
prosecutors' 21-month struggle with Archbishop Daniel Pilarczyk over
release of church documents.
-- Dayton Daily News,
(http://www.daytondailynews.com/news/content/news/ap/ap_story.html/National/AP.V9691.AP-Church-Abuse-Gl.html)
By The Associated Press
• 'Strict rules' for papa priests.
CEBU, PHILIPPINES: Cebu Archbishop Ricardo Cardinal Vidal helped draft the new
guidelines on dealing with sexual misconduct by the clergy, but does not
seem to agree that priests will not be defrocked until they father two or
more children.
Until the Vatican approves the protocol for priests accused of sexual
misconduct, none of its provisions are final yet, the Cebu archbishop
said.
Vidal, one of the authors of the "Guidelines on Sexual Abuse and
Misconduct among the Clergy," refused to discuss details of the document,
amid reports the protocol is final and will be implemented immediately.
"We have to wait for officials of the Vatican to approve it and to say
something about it. That's why they have to correct that," he said,
referring to the document released by the Catholic Bishops Conference of
the Philippines (CBCP) last Wednesday.
"Let us see first what they will say and then I will tell the public about
it, and also the priests, because we have to discuss details of the
documents with them," he assured.
-- Sun.Star,
(http://www.sunstar.com.ph/static/net/2003/11/21/.strict.rules.for.papa.priests.html)
By Linette C. Ramos, Nov 21 03
• Lawyer says abusive priest known.
NEW JERSEY: At least one diocesan employee knew in the mid-1970s that former Mendham
priest James Hanley was molesting children but did not pass on the
information because he knew the diocese could not be held liable,
according to an attorney who has represented several of Hanley's victims.
It was the earliest anyone has said church officials had known of Hanley's
actions since the scandal involving the former priest was first exposed in
early 2002.
The lawyer, Gregory Gianforcaro of Chester, offered the revelation on
Friday in the midst of efforts to overturn a state law that says
non-profit institutions such as churches cannot be sued because of
criminal acts by employees.
The law is the basis of an appeal heard last week in Morristown with a
decision pending by a state appellate panel. In the case, a former student
of the prestigious American Boychoir School in Princeton has sued,
claiming he was sexually abused while a young student at the school.
-- Observer-Tribune,
(http://www.zwire.com/site/news.cfm?newsid=10544163&BRD=1918&PAG=461&dept id=506868&rfi=6)
By PHIL GARBER , Managing Editor
• Memories of priest sex abuse were repressed.
INDIANAPOLIS (IN): Joseph Benjamin said 50 years of his life were wasted
because of the sexual abuse he suffered at the hands of a St. Mary
Catholic Church priest in the 1950s.
"Father (William) O'Brien put me through hell, hurt me," Benjamin said at
a news conference Wednesday. "It (the abuse) was painful."
Until a year ago, Benjamin said he had repressed the pain and repressed
the memory of the abuse.
Then a nervous breakdown led him into a group called Adult Children of
Alcoholics and then into therapy.
The therapy uncovered the roots of a dysfunctional life filled with
alcohol abuse, broken relationships, unmet expectations and sexual
problems.
"The memories came flooding back," Benjamin said. Until the breakdown, he
wasn't able to remember the things he now claims O'Brien did.
"I'd stuffed it so deep," Benjamin said.
Joseph Benjamin, 59, and his brother Lawrence Benjamin, 62, filed a civil
suit against the Archdiocese of Indianapolis and St. Mary Parish in
September.
Both claim they were sexually abused by O'Brien while they were altar boys
at the church and students at St. Mary Catholic School between 1951 and
1957.
-- The Palladium-Item,
(http://www.pal-item.com/news/stories/20031120/localnews/678793.html)
By Don Fasnacht, Nov 20 03
• Judge Limits Evidence in Priest Abuse Trial.
WISCONSIN: The trial of a priest accused of sexual assault will proceed, but limited
evidence will be used against him.
Father John Feeney faces sexual assault and attempted assault charges for
alleged incidents in the late 1970s.
Outagamie County Judge Dennis Luebke ruled prosecutors cannot use evidence
from other alleged assaults for which no charges have been filed.
Prosecutors would have used that evidence to show a motive and pattern of
behavior.
-- WBAY,
(http://www.wbay.com/Global/story.asp?S=1533876&nav=51s7JF9g)
• Judge dismisses sexual abuse lawsuit against priest, diocese.
UTICA, N.Y.: Too many years have passed for a 54-year-old man to bring a
lawsuit accusing a prominent Roman Catholic priest of sexually abusing him
as a young man during the 1960s, a judge ruled Thursday.
Following brief arguments, state Supreme Court Justice Norman Siegel
determined that a 10-year statute of limitations could not be extended and
dismissed the $150 million lawsuit filed in May by John Zumpano against
the Syracuse Roman Catholic Diocese and the Rev. James Quinn.
Although Siegel believed the lawsuit had merit, he said as a trial judge
he did not have the authority to extend the time allowed for Zumpano to
file it.
Zumpano, of New Hartford, has alleged that he was sexually abused by Quinn
on an almost-daily basis from 1963 until 1970. Zumpano's attorney, Frank
Policelli, argued that the abuse caused Zumpano such severe emotional and
psychological problems that he was incapable of pursuing legal recourse or
protecting his own legal rights.
-- Newsday,
(http://www.newsday.com/news/local/wire/ny-bc-ny--churchabuse1120nov20,0,730294.story?coll=ny-ap-regional-wire)
By WILLIAM KATES,
Associated Press Writer, November 20, 2003
• 3rd ex-Loyola student alleges abuse.
ILLINOIS: A former student at Loyola Academy in Wilmette filed a lawsuit Wednesday
against the Jesuit religious order, which runs the school, accusing a
teacher of molesting him in 1962.
Lou Franchi, who said Rev. Wilton Skiffington repeatedly abused him when
Franchi was an upperclassman at Loyola, is the third former student to
file suit since August over alleged abuse at Loyola. The incidents
allegedly took place at least 30 years ago.
Skiffington, who was an English and religion teacher and spiritual
counselor at Loyola, died in 1988 at a retirement home in Clarkston, Mich.
Two complaints have been filed involving Rev. Donald McGuire, a former
counselor at Loyola.
Franchi said that while the abuse was taking place, his parents found an
explicit letter from Skiffington on their son's dresser. Franchi said he
has no recollection of the letter but was told it referred to "my
beautiful body." He has incomplete memories of the abuse, he said.
-- Chicago Tribune,
(http://www.chicagotribune.com/news/local/chicago/chi-0311200370nov20,1,427641.story?coll=chi-newslocalchicago-hed)
By Manya A. Brachear, November 20, 2003
• Cases leave some victims feeling powerless.
CALIFORNIA: Lee Bashforth applauds authorities for descending on Michael Jackson's
Neverland Ranch to serve a search warrant and look for evidence related to
allegations of child molestation against the pop star.
Bashforth, head of the Orange County chapter of Survivors Network of Those
Abused by Priests, only wishes police had taken the same stance two years
ago with the Diocese of Los Angeles. Delays in investigating molestation
allegations against Roman Catholic priests gave church officials time to
sanitize and destroy personnel files, he says.
"It's frustrating to see in some cases they do the right thing."
His frustration illustrates what can happen to victims of sexual
molestation when they overcome their shame and go to authorities -
especially when the accused is someone rich, powerful or well-loved in a
community.
There's less certainty that justice will be served, he said.
"You go to the authorities with what happened to you. Then you go through
the process of, can they get enough evidence to do the right thing?"
Bashforth said. "Can they sustain that through the political firestorm
that might result? You go through all that hoping for the best."
The aftermath of making such allegations against prominent people can be
particularly brutal on children, said Kathy McCarrell, executive director
of Orange County Child Abuse Prevention Center.
-- The Orange County Register,
(http://www2.ocregister.com/ocrweb/ocr/article.do?id=67635§ion=NEWS&subsection=FOCUS_IN_DEPTH&year=2003&month=11&day=20)
By THERESA WALKER, Nov 20 03
• ARCHDIOCESE PLEADS NO CONTEST IN SEX CRIMES CASE, FINED $10,000 [1978-82].
CINCINNATI (OH): The Archdiocese of Cincinnati pleaded no contest to four misdemeanor
charges Thursday, setting a precedent as the first U.S. Catholic church
organization to be convicted of a crime.
The church entered no contest pleas for five counts of "failure to report
a felony crime", 4th degree misdemeanors, for abuses that took place
between 1978 and 1982. Each count carries a mandatory fine of $2,000.
In pleading no contest, the church waived a jury trial, allowing Common
Pleas Court Judge Richard Niehaus to find the church guilty on all counts
and hand down the maximum sentence, a fine totaling $10,000.
"I believe this is an extremely tragic event. I believe all religious
organizations ought to show a greater respect to human rights. I have been
a Catholic all my life, but I am disappointed that self-preservation
exceeded their moral duty. I know that you aren't the only one that has
done wrong, but I believe everybody has the duty to follow the law," said
Judge Niehaus.
Most Rev. Daniel Pilarczyck, Archbishop of Cincinnati, declined to comment
during the hearing.
-- WCPO,
(http://www.wcpo.com/news/2003/local/11/20/settlement.html)
Reported by: 9News, Web produced by: Liz Foreman, Photographed by: 9News,
Last updated: Nov 20 03
• Ruling favors victims of priests.
CALIFORNIA: The judge overseeing more than 400 clergy sex-abuse lawsuits against
Southern California Catholic dioceses on Wednesday upheld the
constitutionality of the law that enables cases to be filed decades after
the alleged abuse.
Los Angeles County Superior Court Judge Marvin Lager, ruling in an
unrelated case, said an extended statute of limitations approved last year
by state lawmakers does not violate the right to due process.
-- Orange County Register,
(http://www2.ocregister.com/ocrweb/ocr/article.do?id=67568§ion=LOCAL&subsection=LOCAL&year=2003&month=11&day=20) Nov 20 03
• Archdiocese pleads no contest in abuse case.
CINCINNATI (OH): Cincinnati Archbishop Daniel Pilarczyk pleaded to criminal charges today on behalf of the Archdiocese of Cincinnati, admitting that the Catholic
Church failed to report sexual abuse involving priests and children.
The plea is believed to be the first in the nation to result in a criminal
conviction of a Catholic diocese for offenses related to the abuse crisis.
The 69-year-old archbishop, wearing traditional black clothing and a Roman
collar, stood before a packed courtroom and entered a plea of no contest
to five misdemeanor charges of failure to report a felony.
Hamilton County Common Pleas Judge Richard Niehaus accepted the
archbishop's plea this afternoon and immediately imposed a $10,000 fine;
$2,000 on each count.
"I believe this is an extremely tragic event," Niehaus said. "I believe
all religious organizations ought to show greater respect for human rights
and not try to preserve themselves at the expense of the victims."
-- The Cincinnati Enquirer,
(http://www.enquirer.com/midday/11/11212003_News_1mday_archdioceseupdate.html)
By Dan Horn
• Archdiocese Admits Failing To Report Abusive Priests.
CINCINNATI (OH): The Archdiocese of Cincinnati pleaded no contest Thursday to
charges of failing to tell authorities about sex abuse allegations against
priests, becoming just the third Roman Catholic diocese to strike a deal
with prosecutors in a criminal investigation.
Hamilton County Common Pleas Judge Richard Niehaus sentenced the
archdiocese to $10,000 in fines for the five misdemeanors.
The deal ends a nearly two-year investigation by prosecutors into whether
archdiocese priests sexually abused children and whether church officials
failed a legal responsibility to report abuse allegations.
With Archbishop Daniel Pilarczyk representing the church, Prosecutor Mike
Allen read the five counts of failure to report a felony aloud in court.
Each regarded "an institutional knowledge that certain felony sex crimes
involving minors occurred."
Asked by the judge if he understood the implications of the plea
agreement, Pilarczyk replied, "Yes sir, I do."
The no contest plea is not an admission of guilt - the Cincinnati
archdiocese admitted no wrongdoing - but means the defendant will not
fight the charges.
Allen said that as part of the agreement the archdiocese will institute
reporting safeguards that are even stronger than those required by Ohio
law. The archdiocese will establish a $3 million fund to compensate
victims of sexual abuse, even those who cannot sue because the statute of
limitations had expired.
-- channelcincinnati.com ,
(http://www.channelcincinnati.com/news/2653149/detail.html)
• Man drops sex abuse lawsuit against cleric.
WORCESTER, Mass. (AP): A Shrewsbury man has withdrawn his lawsuit against
an auxiliary bishop in the Worcester Diocese that he claimed had molested
him in the 1960s.
Sime Braio dropped his suit against Auxiliary Bishop George E. Rueger on
Wednesday, and Superior Court Judge Tina Page dismissed the case.
Braio also dropped his lawsuit against Monsignor Thomas J. Sullivan, who
he had accused of offering him $10,000 to keep from going public with his
allegations against Rueger.
Braio, who has an unlisted telephone number, could not be reached for
comment Thursday. He fired his lawyer in July, and is not represented by
an attorney.
Braio's lawsuit alleged that Rueger, then a parish priest, began sexually
molesting him in the early 1960s when he was 13.
-- Providence Journal,
(http://www.projo.com/ap/ma/1069360333.htm)
The Associated Press
(Posted by Kathy Shaw, Poynter Abuse Tracker)
//////////////////// End of www.poynter.org/column.asp?id=46, Friday, November 21, 2003
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