Did NY Archdiocese buy silence?

 

Blackmail? Cover-Up?

Did the New York archdiocese buy Fr. Miqueli's silence?

December 16, 2015  219 Comments

          The tabloid press having field day in New York on this story.   The parishioners' lawsuit is available at:  https://docs.google.com/document/d/12yp-3ZDvMecdw_bjz4_Oa4VhfI59Ww-V2noaZhT_SWI/edit.                          

TRANSCRIPT

The case involves what we have been reporting on the past few days: that a lawsuit has been filed against Cdl. Timothy Dolan, the archdiocese, and a homosexual priest and his gay-for-pay male prostitute. The priest and prostitute are accused of ripping off over a million dollars from two New Yotk parishes and using it on their homosexual fantasy sex life. The archdiocese and Cdl. Dolan are accused of being negligent and non-responsive in addressing the continued concerns of parishioners. And ChurchMilitant.com has learned of one possible reason for the lack of concern and desire to keep the story under wraps by the archdiocese.
Keep in mind that the archdiocese has known about this for a very long while, but it was only after massive press coverage, including a series of reports from ChurchMilitant.com, that the archdiocese finally sprung into public action. Father Miqueli is no longer the pastor. A resignation statement purported to have been written by him was read before every Mass over the weekend, with archdiocesan spokesman Joe Zwilling lurking around at the back of the church.
So the question: What would be the case now had the lawsuit by parishioners and subsequent media reports these past few days not happened? Answer: likely nothing. How can we say that? Because prior to the suit and coverage, the archdiocese and Cdl. Dolan already knew all of this. No new information to them has been revealed in the past few days. Without that lawsuit and coverage by ChurchMilitant.com and local New York media, parishioners would still be screaming and their cries ignored. Amazing what happens when the spotlight gets shined on corruption.
What ChurchMiltant.com has also learned is that Fr. Miqueli felt a sense of invincibility in his life of larceny and lust, because, according to people close to the story, he witnessed a child molestation by a priest on Staten Island back around 2002 and went to the archdiocese. They told him to keep silent about it, and, according to reports, arranged for him to become pastor of St. Frances Xavier Cabrini parish on Roosevelt Island in exchange for his cooperation.
If this is true — and sources are standing by their story — it would fit a certain pattern here on the part of the archdiocese and Cdl. Dolan to fully investigate faithful Catholics' claims against Miqueli.
First, very little has been done about this by archdiocesan officials despite knowing about it for at least two years. Second, when one of the auxiliary bishops was told about the story by a church worker, the whistleblower was fired. Third, communications between the parishioners and the archdiocese reveal a cavalier attitude on the part of the archdiocese, so much so that parishioners thought they had no other option other than to go to court.
And then there is the reality that without the current media coverage and lawsuit, there isn't one thing to suggest that Fr. Miqueli would not still be pastor and supposedly thieving from the collection basket to fund his drug-fueled sex romps with a live-in gay prostitute.
So the larger question begins to be asked: Did Fr. Miqueli witness a child molestation and report it to the archdiocese? He has told that story to more than one person. If he did, is it true that officials back in 2002 — just at the exact time the whole homosexual priest sex abuse scandal was breaking open — bought his silence?
This scenario would explain his cavalier comments that he has powerful friends in the archdiocese who "protect him." This would all lead to a very plausible reason that the archdiocese would seek to ignore this whole story in the face of various complaints and meetings with parishioners over the course of years.
It was only after the girlfriend of the gay-for-pay prostitute stepped forward recently and told everything about the nearly 10-year-long sadomasochistic sexual relationship between Miqueli and Keith Crist that a motive for the million-dollar embezzlement came into focus.
But with that now clearly on the table, so is the prospect of criminal charges — which would almost certainly swamp the archdiocese as well — with the Bronx district attorney now waiting in the wings. The problem is the D.A. is waiting for the archdiocese of New York to finish its internal audit before making a decision whether to pursue a criminal investigation. That is a classic case of the fox guarding the hen house because the archdiocese has every reason for this not to go criminal.
However, there is still the question of a civil lawsuit hanging out there — and if that ends up unfavorably for the cardinal, the D.A. may have to pursue the case, regardless of any lackluster search for the truth on the part of Church officials.

Above story is from:  http://www.churchmilitant.com/video/episode/blackmail-cover-up


The New York Post also supplies coverage:
The Rev. Peter Miqueli was intensely jealous of his S&M boy toy — and it was that jealousy that led to his ouster from the pulpit, The Post has learned.
Miqueli flew into a rage after discovering that his bought-and-paid-for “master,” Keith Crist, had a longtime girlfriend he secretly shacked up with in the Harlem apartment for which the priest was paying rent.
The randy rev eventually forced Crist to pick between him and the woman earlier this year, spurned girlfriend and whistle-blower Tatyana Gudin told The Post.
When Crist picked Miqueli, kicking her out of the apartment, it helped set off a chain of events that has led to the priest’s downfall at St. Frances de Chantal Church in The Bronx.
It was “the straw that broke the camel’s back,” Gudin said of getting tossed into the street by both Miqueli and Crist, prompting her to reach out to a lawyer, church parishioners and even Cardinal Timothy Dolan to tell them the priest was leading a secret life of lust and larceny.
“When [Miqueli] found out — it was late March — he got really mad and really jealous,” Gudin said. “He [Miqueli] conspired with my boyfriend to illegally lock me out.”
Gudin, 45, claimed Crist, 41, and a pal of the priest changed the locks at their East Harlem pad on April 16, knowing she would be out for several hours having oral surgery.
The New York Archdiocese and Bronx prosecutors are investigating whether Miqueli stole church funds to pay for his sinful relationship with Crist.

Modal Trigger

Keith Crist (right) was living with his girlfriend, Tatyana Gudin, when the Rev. Peter Miqueli forced him to choose and Crist kicked her out, the spurned woman told The Post.

Parishioners have filed a lawsuit against Miqueli — largely informed by Gudin’s statements — for allegedly stealing up to $1 million in church funds.
The disgraced priest was nowhere to be found on Sunday — not at his New Jersey home nor at St. Frances de Chantal Church, which announced that Miqueli was stepping down.
“What can I say? I’m embarrassed,” the priest’s brother, Joseph Miqueli of Pasadena, Md., told The Post.
The brother declined to get into any specifics, but hinted that he and other loved ones knew something was wrong after meeting Rev. Miqueli’s musclebound pal.

The Rev. Peter Miqueli’s alleged bodybuilding sex “master,” Keith CristPhoto: Foursquare

“It was kind of obvious,” said Joseph Miqueli. “I know that’s terrible. He’s got to ask for forgiveness. He’s in a mess. He’s in a pretty big mess. This thing is huge.”
Meanwhile, Dolan said after Mass at St. Patrick’s Cathedral on Sunday that he “admired’’ Miqueli’s decision to step down.
“It’s horrible, isn’t it?” he said. “It’s dark, it’s somber, it’s dreary. I’m sad for the good people at that parish.
“I’m sad for my priests who once again are tarnished,’’ added Dolan, who took heat while in Missouri over accusations he didn’t do enough to address priest sex scandals.
Upon his promotion from auxiliary bishop in St. Louis to succeed the archbishop in Milwaukee, Dolan said that he had learned his lesson about slow response.

St. Frances de Chantal Church in The BronxPhoto: Christopher Sadowski

“I’ve learned some very hard-won lessons. We can’t do business as usual . . . We’ve got to be more open, more transparent,” he said in 2002.
A rep for the Bronx District Attorney’s Office said Sunday that prosecutors are waiting for the archdiocese to complete its internal audit of Miqueli before pursuing any criminal charges.
Meanwhile, worshippers at St. Frances de Chantal broke into applause Sunday when a letter from their disgraced priest was read before each Mass announcing he was stepping aside.
Additional reporting by C.J. Sullivan, Khristina Narizhnaya and David K. Li


New York Post:   http://nypost.com/2015/12/14/jealous-priest-forced-boy-toy-to-choose-its-me-or-your-girlfriend/



The above tabloids are making much of the problem, but it does indeed to appear to be a scandal.

Update: 

New York City priest at the center of a sordid sex scandal resigned Saturday after outraged parishioners accused him of embezzling at least a million dollars in donations to, among other things, pay a male hustler for $1,000-a-session sadomasochistic encounters.
Among Father Peter Miqueli’s kinky fantasies, according to The New York Post, was being humiliated in front of a “nice Jewish girl” in the Orthodox Borough Park, Brooklyn enclave.
Tatyana Gudin, the ex-girlfriend of the male hustler, dished about a lot more of the priest’s alleged peccadillos in a letter to the New York Archdiocese.
Angry parishioners are suing the church, the priest, the alleged hustler (identified as Keith Crist), and Cardinal Timothy Dolan in a lawsuit filed in New York State Supreme Court.
“Since 2003 the defendant Father Peter Miqueli used his position of trust and confidence as a pastor, as a man of God, to misappropriate and divert hundreds of thousands of dollars of donation funds from parishioners at the St. Frances Xavier Cabrini Church on Roosevelt Island and the St. Frances De Chantal Church in the Bronx,” the suit says.
“Rather than use parishioner donations for religious and charitable purposes, Father Miqueli used the donations to grow his personal wealth, purchase a house in New Jersey, take dozens of international vacations, purchase and use illegal drugs, and pay for the weekly services of his homosexual prostitute and “sex master” Keith Crist.”
The suit also accuses the church of knowing about the activities. A spokesman for Dolan said an investigation is underway and Dolan has reportedly admitted seeing Gudin’s allegations, which have been turned over to prosecutors.
Miqueli announced Saturday night he was stepping down from the Bronx parish as the story spread like wildfire online.
“I have made the decision to step aside from my position as pastor of this parish while this unfortunate and regrettable situation is investigated,” he said. “It is in the best interests of the parish that this matter be resolved without me serving as your pastor.”
Miqueli denies any wrongdoing.


Read more: http://forward.com/news/breaking-news/326826/the-priest-the-hustler-and-the-nice-jewish-girl/#ixzz3uZsSysTe

 

Pope Francis approves new tribunal to judge bishops accused of covering up sex abuse

By Michelle Boorstein and Abby Ohlheiser June 10

Ppe approves new office to investigate bishop sexual abuse(1:14)

Pope Francis has approved the creation of a Vatican department to judge bishops accused of covering up or not preventing sexual abuse of minors. (Reuters)

The Vatican on Wednesday announced the creation of a new tribunal for holding accountable bishops who fail to deal properly with clergy sexual abuse.
The changes were aimed at improving what many see as a key deficit in the church’s handling of abuse: accountability for the bishops who oversee abusers. Bishops in the Catholic Church traditionally have significant autonomy and independence from one another. The new system shifts investigations into alleged bishop coverups to the Vatican’s powerful doctrine-enforcing body.
“It’s a major thing because it’s putting bishops on notice. It’s saying: ‘If you don’t deal with this, you have to face the Congregation for the Doctrine of the Faith,’ and no one wants to face the CDF,” said Monsignor Stephen Rossetti, a psychologist and professor at the Catholic University of America who used to head St. Luke’s Institute — a key treatment center for priest-offenders.
Rossetti called the issue of accountability for bishops who oversee or cover up abusers “the cutting edge” for the church. Long ago, he noted, the Vatican established that abusers had committed the “gravest of crimes … but I think it’s true that this issue of accountability [for their bishop-bosses] was not as nailed down. This nails it down very clearly.”
The proposal was submitted to the pope by Boston Cardinal Sean O’Malley and was drafted by a high-level body Francis created to suggest improvements in dealing with abusers and their superiors.
Major improvements have been made — particularly in the United States — in the past decade in creating a system to prevent clergy abuse, and some experts say the U.S. Catholic Church is a model for other institutions on things like background checks and volunteer training. However, bishops who oversaw the many priests removed for abuse are still very rarely held accountable.
It appears that the Vatican has yet to explicitly attribute the removal of a bishop to a coverup of sex abuse. However, two months ago, Kansas City Bishop Robert Finn stepped down – three years after he was convicted criminally in an abuse coverup.

The new system gives the Congregation for the Doctrine of the Faith the authority to “judge bishops with regard to crimes of the abuse of office when connected to the abuse of minors,” Vatican spokesman the Rev. Thomas Rosica said in an e-mailed statement to The Washington Post.
The proposal doesn’t appear to include new penalties for bishops who are found guilty of covering up abuse.
Marie Collins, a member of the Pontifical Commission for the Protection of Minors, tweeted her initial response to the approval on Wednesday.

Some victims groups remain cautious in their response to the new accountability tribunal.
Terence McKiernan, president of a group that compiles worldwide data on clergy abuse, said the new process was a positive development but far from sufficient.
McKiernan, president of BishopAccountability, praised the process for putting bishop accountability cases into the CDF. Accusers “will be treated more respectfully and their cases acted upon if there are people dedicated to this topic, and that’s good. This was an obvious next step,” he said.
However, he called the CDF itself “a black box” that is usually not transparent to the general public regarding its decisions and investigations into priest-abusers, adding that transparency remains a “huge problem in the Catholic Church.”
Others questioned whether internal oversight was an adequate way to address abuse coverups in the church. “As long as clerics are in charge of dealing with other clerics who commit and conceal child sex crimes, little will change,” said Barbara Blaine, president of the Survivors Network of those Abused by Priests, in an emailed statement. SNAP, Blaine said, would prefer to see church officials support reforms in “secular abuse laws so that clerics who hurt kids and hide predators will be criminally charged.

From:  http://www.washingtonpost.com/news/acts-of-faith/wp/2015/06/10/pope-francis-approves-a-new-process-for-governing-bishop-accountability-in-abuse-cases/

Archdiocese: Embezzlement inquiry has no effect on World Meeting

David O'Reilly, Inquirer Staff Writer Last updated: Saturday, May 30, 2015, 1:07 AM Posted: Friday, May 29, 2015, 1:03 PM The Vatican archbishop in charge of overseeing the World Meeting of Families, to be held in Philadelphia this year, is under investigation for possible embezzlement, according to several European news organizations. Archbishop Vincenzo Paglia, president of the Pontifical Council for the Family, reportedly bought the 14th-century San Girolamo castle in Umbria, Italy, at an artificially low price with the intention of reselling it at market value. "The alleged scam" would have netted a profit of about $4.4 million, the London newspaper the Daily Telegraph reported Friday. The Archdiocese of Philadelphia, which is hosting the eighth triennial World Meeting in September, issued a statement Friday saying the investigation of Paglia did not appear to affect the meeting. "I assure everyone that matters facing him do not impact our plans for September," Archbishop Charles J. Chaput said in the statement. "We continue to work without interruption and joyfully anticipate welcoming our Holy Father and the world to Philadelphia later this year." He said he was praying for Paglia. Pope Francis is scheduled to be in Philadelphia for two days at the close of the six-day gathering. Paglia was bishop of the Diocese of Terni-Narni-Amelia from 2000 to 2012, when Pope Benedict XVI named him head of the Pontifical Council for the Family. The Vatican office promotes the Catholic Church's teachings on family and is responsible for organizing the World Meetings. According to news sources, the San Girolamo castle belonged to the township of Narni, whose municipal government sold it to Paglia and others four years ago for the equivalent of $1.9 million, or one-third of its true value. "Prosecutors . . . suspect that the alleged conspirators planned to manage it for a few years, either as an upmarket guesthouse or for religious purposes," and then sell it for $6.1 million, the Daily Telegraph reported. According to Agence France-Presse (AFP), Italian prosecutors are investigating Paglia "on allegations of criminal conspiracy and fraud" in connection with the sale of the castle. Funds belonging to the diocese "were allegedly used illegally, and money was found to be missing from diocese funds," AFP reported. Paglia has denied any wrongdoing. "I remain at the disposition of the investigating authorities and I have full confidence in the justice system," he said in a statement. The Rev. Federico Lombardi, the Vatican's chief spokesman, said, "We at the Vatican have nothing in particular to say about this affair. We trust that the magistracy will do its work well." The World Meeting of Families-Philadelphia 2015, a nonprofit entity created by the archdiocese to raise the estimated $45 million needed for the event, issued its own statement Friday. "Although the news received today regarding Archbishop Paglia is troubling, it does not affect the World Meeting of Families," it said. "Our partnership is with the Pontifical Council for the Family and not any individual from that office." "Planning for the event is progressing positively and without interruption. It is important to note that the World Meeting of Families-Philadelphia 2015 is an independent 501(c)(3) nonprofit organization, separate from both the Archdiocese of Philadelphia and the Pontifical Council for the Family," it continued. "All fund-raising for September's events is done through the World Meeting of Families-Philadelphia 2015, with funds held in separate and distinct accounts from the archdiocese and the Pontifical Council for the Family. "We have been - and remain - committed to ensuring that financial best practices are employed at all levels of the organization," it said. Paglia, 70, visited Philadelphia in March to promote the World Meeting, at which time he publicly sampled milkshakes at a Potbelly sandwich shop in Center City. The one he chose, a vanilla and shortbread butter cookie flavor, became the official milkshake of Francis' visit. Proceeds from the sale of the milkshakes - 50 cents of the $3.90 price - were to flow to the World Meeting as part of the local fund-raising effort. "I'm excited to see good friends and to taste," Paglia said as he sipped on the shake. "You are in a beautiful and splendid city and now I am one of you." The newspaper Corriere Della Sera in Milan, Italy, reported that prosecutors have said Paglia appears to have been "one of the instigators" of the alleged fraud. AFP said the Terni diocese is also "one of the most indebted" dioceses in Europe, with a deficit of about $27 million. Nine other people are under investigation, including the former mayor of Narni and two employees of the diocese. They, and the archbishop, have 20 days in which to present a defense. Read more at http://www.philly.com/philly/news/pope/305482131.html#BRyUruKbdzYKKFeO.99

Adelman invites mediation over archdiocesan cemetery trust

 

A federal judge has scheduled a Thursday hearing to gauge interest in trying to settle a contentious lawsuit over the Archdiocese of Milwaukee's now $66 million cemetery trust.

The trust is a key element in the archdiocese's plan to emerge from its 4-year-old bankruptcy in that it would be tapped both to compensate clergy sex abuse victims and fund the church's ongoing cemetery operations.

"There's always interest in settling litigation," said attorney Timothy Nixon, who represents Archbishop Jerome Listecki as the sole trustee of the trust. "However, we are just one part of a much larger picture."

James Stang, who represents the creditors committee, declined to say how it would view an offer of mediation. But he did say that any talks on the cemetery trust would likely be a de facto mediation in the bankruptcy case overall.

"The cemetery trust is the main moving part at this point," Stang said. "I can't imagine the parties going into a room to talk about that and not talk about the entire Chapter 11 case."

U.S. District Judge Lynn Adelman called the hearing to inquire whether the parties have any interest in mediation, according to the court record.

If they are, it would be the third attempt at a mediated settlement since January 2011, when the archdiocese filed for Chapter 11 bankruptcy protection to address its sexual abuse liabilities going back decades.

The cemetery trust lawsuit was remanded to Adelman's court in March by the 7th Circuit U.S. Court of Appeals. The appellate court ruled that the archdiocese could not use the First Amendment and a 1993 law aimed at protecting religious liberty to shield the fund, and that U.S. District Judge Rudolph T. Randa — whose decision it overturned — should have disclosed that he has family members in a cemetery maintained with funds from the trust.

The case could ultimately return to U.S. Bankruptcy Judge Susan V. Kelley's court. But the parties are awaiting a decision in a U.S. Supreme Court case that is expected to clarify that procedure.

Meanwhile, the bankruptcy case is proceeding in Kelley's court. On Friday, the archdiocese filed motions seeking to keep two other pools of money from being tapped for the bankruptcy: $459,388 received as charitable gift annuities and a $2 million account that funds continued religious training for priests, deacons and parish directors.

Single largest asset

The cemetery trust is the single largest asset currently in play in the archdiocese's bankruptcy. And it is a linchpin of the church's revised reorganization plan, which is expected to be filed this summer.

Under the original plan, the archdiocese would set aside under $4 million to compensate 128 sex abuse victims — only those assaulted by diocesan priests. It would create a $500,000 therapy fund and pay the balance of its legal fees, which have totaled $16 million to $20-plus million, depending on who's counting.

More than 400 others who filed sex abuse claims, alleging abuse by religious order priests and nuns, teachers and others the archdiocese does not consider its direct employees, would receive no financial compensation.

The reorganization plan would be financed with a $10.3 million payment by its insurance carriers and a $2 million loan from the cemetery trust. Victims have called that inadequate and insulting.

The archdiocese told Kelley last week that it expects to increase the amount of the money the trust will pay into the plan, but did not specify how much.

The trust would also pay about $2 million annually to the archdiocese to offset the cost of caring for its eight cemeteries.

Trust created in 2007

Then-Milwaukee Archbishop Timothy Dolan created the Catholic Cemetery Perpetual Care Trust in 2007, and in 2008 transferred nearly $57 million into it with the approval of the Vatican and his local finance board. Dolan, now cardinal of New York, had sought Vatican approval, saying the move would provide "an improved protection of these funds from any legal claim or liability."

The archdiocese maintains that the funds were always held "in trust" for the care of the archdiocese's cemeteries, and that this new instrument merely formalized that arrangement.

Listecki sued the creditors committee, seeking a ruling that the trust was not an asset of the archdiocese and was off limits for any sexual abuse settlement.

The committee, which is composed of abuse victims but represents all creditors in the bankruptcy, countersued, calling Dolan's action a fraudulent transfer barred by law.

That ultimately led to the appellate court ruling, considered a big win for the creditors.

Kelley has scheduled a November hearing on the new reorganization plan. But other legal battles loom before it can be approved. Among them, whether Kelley has jurisdiction to grant parishes a blanket protection against future lawsuits — a key provision of the archdiocese's plan — and whether

Adelman invites mediation over archdiocesan cemetery trust

Editorial: Finn's resignation is a bitter but necessary reckoning | National Catholic Reporter

 

NCR Editorial Staff  |  May. 4, 2015

 

The resignation of Robert Finn as bishop of the diocese of Kansas City-St. Joseph, Mo., is a bitter but necessary moment of reckoning for leaders of the Catholic church if they hope to begin to deal seriously with their long betrayal of the community's trust.

Let's be clear that this is only a beginning. Finn was removed for cause, we have been told. Finn was criminally convicted for failing to report Fr. Shawn Ratigan, who ultimately pleaded guilty to possessing and producing child pornography. Ratigan received a 50-year prison sentence.

Finn also violated the Charter for the Protection of Children and Young People, commonly called the Dallas Charter, which the U.S. bishops themselves wrote to guide their response to the violation of children by clergy.

Upholding the Dallas Charter is the one clear signal the bishops can use to ensure deeply skeptical Catholics, not to mention the general public, that they have broken with the despicable practices of the past, when they hid and covered up sexual predators. The Dallas Charter is an imperfect document, but it is the only yardstick the bishops have for measuring their integrity on this issue. That is why Finn became the test case of church resolve to hold bishops accountable.

It may seem unfair that Finn had to take this role. Bishops and cardinals who should have faced criminal prosecution for covering up crimes more extensive and horrible by many degrees than those ignored by Finn have avoided, via legal technicalities, such scrutiny and gone quietly to either retirement or the grave.

"Bishops overseeing the crisis dismissed themselves for decades from any responsibility in the scandal. It was a brazen attempt to sidestep the mountains of evidence revealing that they had long ignored the plight of child victims while engaging in elaborate schemes to hide the heinous behavior of thousands of priests. Any lack of fairness is the result of nothing more or less than the clerical culture that looked first to protect itself and its privileges. Only when forced by legal processes and public pressure did bishops deign to consider the deep wounds inflicted on the most vulnerable in the Catholic family.

Finn's example shows how easily those in authority can ignore even the most basic steps in prevention. The church has made tremendous strides in such areas as requiring background checks, educating both adult ministers and children appropriately regarding proper boundaries, and creating safe environments for children. However, the recently released annual Report on the Implementation of the Charter for the Protection of Children and Young People makes clear that continued diligence is essential -- but is in some places lacking.

"While substantive progress has been made, it should not be concluded that the sexual abuse of minors is a problem of the past that has been adequately addressed," wrote Francesco Cesareo, chairman of the National Review Board. He warns against "Charter drift," referring to instances of laxity in some dioceses of upholding the standards of the bishops' charter. Any bishop who thinks he can relax on this issue should look carefully at Kansas City.

Cesareo also particularly notes that the Lincoln, Neb., diocese and five eparchies stubbornly refuse to cooperate with auditing procedures. Herein lies the final lesson in the Finn case.

Finn has resigned, and we are told it's because of his mishandling of a child abuse case, but we don't know that for certain. We don't know that, because there are no established procedures for removing a bishop who mishandles child abuse cases. If there were such procedures, all the provisions of the Dallas Charter could be enforced, and the Lincoln diocese would either comply or its bishop would be sanctioned.

Now we've been told that under the auspices of Pope Francis' sex abuse commission such procedures are being worked on, and we were told last month that Francis' Council of Cardinals has put the issue of bishops' accountability "on the table," but we've seen no concrete evidence of this yet. Until we see actual procedures in writing and actual cases prosecuted, we'll remain skeptical.

The Council of Cardinals needs to hear from Teresa White, an abuse survivor who was part of a 2008 settlement with the Kansas City-St. Joseph diocese.

She said on April 21, the day of Finn's resignation, that it is important to know the process that led to that resignation. "I want full accountability, I don't want partial accountability," she said. "I don't want any more smoke and mirrors with the church. I want them to own up to their responsibilities to protect children and young people."

For 30 years, we've heard these same sentiments from many other survivors. It is long past time for the church to have in place a clearly delineated process to hold bishops responsible for their actions and inactions in this tragedy.

Editorial: Finn's resignation is a bitter but necessary reckoning | National Catholic Reporter

Charges reinstated against Philadelphia priest in landmark sex-abuse case | lehighvalleylive.com

 

The state's highest court on Monday reinstated the landmark child-endangerment conviction of a Roman Catholic monsignor who was the first U.S. church official ever prosecuted over his handling of sex abuse complaints.

The Pennsylvania Supreme Court upheld the 2012 felony conviction of Monsignor William Lynn for endangering an altar boy abused by a priest who had been transferred to his parish despite earlier complaints.

Lynn's lawyers have long argued that Lynn, as secretary for clergy, was not responsible for the welfare of the victim under existing Pennsylvania law. However, the state Supreme Court in a 4-1 ruling disagreed, potentially sending the 64-year-old Lynn back to prison.

"(Lynn) was a person supervising the welfare of many children because, as a high-ranking official in the archdiocese of Philadelphia, he was specifically responsible for protecting children from sexually abusive priests," Justice Max Baer wrote.

Lynn had served half of a three-to-six-year sentence when a Superior Court opinion in late 2013 threw out his conviction and led to his release. He has remained on house arrest, in a northeast Philadelphia rectory, while prosecutors appealed.

Defense lawyer Thomas Bergstrom said Lynn may appeal the novel legal issues in the case to the U.S. Supreme Court.

"They're equating Lynn with being in charge of all of the children of the archdiocese, whether they were abused or not," Bergstrom said. "It's troubling to me that this broad approach would be approved by the court."

"He, Lynn, never even knew about this abuse until 2009 and never even knew the child existed, let alone that he was being abused by (the Rev. Edward) Avery," Bergstrom said.

Avery pleaded guilty to abusing the boy but later recanted his apparent admission during Lynn's trial. He was— sentenced to 2 1/2 to five years in prison.

Avery was one of several priests reassigned to unsuspecting parishes despite complaints that Lynn reviewed at the archdiocese, where he held the high-ranking post under two cardinals from 1992 to 2004.

"I did not intend any harm to come to (the boy). The fact is, my best was not good enough to stop that harm," Lynn said at his July 2012 sentencing. "I am a parish priest. I should have stayed (one)."

The same boy also accused another priest and a teacher at the same parish of abusing him. Both were convicted.

Philadelphia Common Pleas Judge M. Teresa Sarmina told Lynn that he should have stood up to his bishops. Instead, she said, he enabled "monsters in clerical garb . to destroy the souls of children."

Lynn has 14 days to decide whether to appeal Monday's ruling.

"I don't think it's fair to assume anybody's going to pick him up tonight," Bergstrom said.

The Philadelphia district attorney's office, which prosecuted him, praised the Supreme Court's ruling.

"Today's announcement sends the clear message that if anyone - priest, layperson, citizen, police officer or elected official - knowingly puts children at risk of being sexually molested, they will be held accountable," District Attorney Seth Williams

Charges reinstated against Philadelphia priest in landmark sex-abuse case | lehighvalleylive.com

The paradoxes of Bishop Finn | USCatholic.org

 

Rejoicing over the recent resignation of Bishop Robert Finn as the bishop of Kansas City-St. Joseph is unseemly. I take no joy in another person’s distress, and I wonder what the church will do with a bishop who is only 62 years old and has 13 years of active episcopal ministry left. What does the church do with a bishop without a diocese? 

Bernard Law, when he first stepped down from the See of Boston, was supposed to live a quiet life of prayer as chaplain for the Alma Mercy Sisters, but we all know how that worked out. A similar call to Finn for a cushy Roman job is out of the question. There is a different pope now.

This is but one of the paradoxes in Finn’s case. Another is: Why did he choose to ignore the Dallas Charter, the compact that he had with his fellow bishops, not to allow sexually abusive priests to remain in ministry? That was a promise that the entire body of American bishops made to the faithful in the United States. How could Finn think that he knew better than his fellow bishops? Did he ever consider the effects of his breach on the rest of the American church, namely the persistence of the doubt that if one bishop was breaking the Charter, others probably were as well, but were just better at not getting caught?

And another paradox: Why did his fellow bishops not call him out publicly for his dishonor? After all, it was their joint promise that he broke. Where was the fraternal correction from the American bishops?In Germany, when the Bishop of Bling, Franz-Peter Tebartz-van Elst of the diocese of Limburg, spent $43 million dollars to renovate his palace, the outcry from the German bishops was public and immediate. Within four months, Tebartz-van Elst was gone.

In contrast, there was no public outcry by the American bishops when Finn was found to have harbored a sexually abusive priest. If there had been, the period between when Finn pleaded guilty to child endangerment and when he actually stepped down would certainly have been shorter than two years and seven months. It is no accident that, within a few months of Cardinal Sean O’Malley saying that Finn’s case had to be “urgently” addressed in his 60 Minutes interview, Finn was gone. And it is unfortunate that no other American bishop spoke up publicly sooner, or Finn might have been gone sooner. Why do our bishops lack the moral fortitude of the German bishops when it comes to criticizing one of their own?

And speaking of our bishops and their collective treatment of Bishop Finn, this recalls yet another paradox. In the news over Finn’s resignation after his conviction for failing to report suspected child abuse in Jackson County, Missouri, it has been forgotten that, in order to avoid prosecution on similar charges in Clay County, Missouri, Finn handed significant power over his diocese to the public prosecutor there. Pursuant to that agreement, Finn had to meet with the Clay County prosecutor once a month for five years to personally report to any charges of child sexual abuse involving diocesan clergy or staff. He also had to report what the diocese was doing to deal with these charges. In addition, Finn, together with the diocesan ombudsman and director of child protection, had to make presentations on child abuse to each of the nine parishes in Clay County.

At the same time Finn was avoiding prosecution in Clay County through this agreement, giving the public prosecutor unprecedented power over an American diocese, the rest of our bishops were gearing up their campaign to defend religious liberty, which they said was under attack in our country. Every diocese was to hold a “Fortnight for Freedom” prior to July 4, for Catholics “to study, pray and take public action to fight what they see as the government’s attempts to curtail religious freedom.”

Does anyone see an obvious contradiction here? Not one bishop mentioned, in their discussion of the assaults on religious freedom, the fact that one of their own had committed one of the greatest assaults on religious freedom in order to avoid his own criminal prosecution.

Right now, in Finn’s case, there are still more questions than answers. One thing is certain, however: We can never allow this situation to repeat itself. The safety of our children in the hands of our church can never again be placed in doubt. And no diocesan bishop who ignores this should remain in office for an extra minute.

Nicholas Cafardi, dean emeritus and professor of law at Duquesne University, is a former chair of the U.S. Conference of Catholic Bishops' National Review Board for the Protection of Children and Young People.

The paradoxes of Bishop Finn | USCatholic.org

Looking Past Cardinal Dolan's Hearty Smile | Michael D'Antonio

 

In Rome, Vatican watchers like to say that the institutional Catholic Church measures time not with a clock, but with a calendar, and that its memory is as durable as the records in its archives, where Galileo's signature, preserved in the documents from his famous trial, looks like it was penned yesterday. In America the one institution that might match the Vatican when it comes to memory and deliberative care is our system of justice where, according to the reliable cliché, the wheels grind slowly. But grind they do and they are gradually revealing the character behind the façade of New York Cardinal Timothy Dolan's hearty smile and twinkling eyes.
In the most recent turn in the struggle for justice by victims of clergy sexual abuse, a federal judge found that the Archdiocese of Milwaukee cannot stash $55 million in a trust devoted to cemeteries and deny litigants access to the money as they sue for compensation. Victims of predator priests have used the courts to seek both the documented truth and financial compensation for more than a decade.

The architect of the trust fund idea was then Archbishop of Milwaukee Dolan, who was subsequently made cardinal of New York by Pope Benedict XVI.

Before he shocked the Church by resigning, Benedict stood as the symbol of the Vatican's immoral and schizophrenic response to abuse as he spoke empathetically but acted to shield both clergy and the Catholic treasury. Dolan practiced the same duality, posing as a Christ-like figure of compassion in meetings with victims but acting as if he never heard the admonition to the greedy contained in the gospel of Luke. Indeed, after establishing the trust he then sought the protection of the bankruptcy court for the rest of the assets of the archdiocese. This strategy was replicated elsewhere in the country as bishops, who understood that victims had won billions of dollars in compensation, recognized in Dolan's example a way to evade claims.

Created just as the state of Wisconsin was moving to permit victim lawsuits against the official church, Dolan's enormous trust fund was described by the archdiocese as a vehicle for the care of eight burying grounds. For the care of clergy victims Milwaukee church officials proposed $4 million, less than 10 percent of the sum earmarked for the dead, to be split by 128 claimants. An additional 450 people who came forward to accuse priests of sexual abuse would have been given nothing because they failed to meet certain legal, not moral, criteria.

Although it was explained in straight-faced seriousness, the notion that this much money would be required for a cemetery trust is hard to square with the experience of leaders at local churches who manage to cut the grass and plow pathways at their cemeteries with the aid of volunteers and revenues from the sale of plots. Court documents show that indeed, the cemeteries of the archdiocese actually operated at a profit of roughly $500,000 per year and the trust gave almost four times as much -- $1.95 million annually -- to headquarters in downtown Milwaukee.

So far, the archdiocese has spent more than $11 million in legal fees to wage its battle with victims in bankruptcy court. The cemetery excesses, since the trust was established, have totaled almost $8 million. Add these moneys to the $55 million secreted away by Dolan and you get an amount -- $74 million -- that would approach a reasonable settlement figure. These facts, revealed by the grinding wheel of American justice, represent the truth behind the hail-fellow-well-met image Dolan has cultivated. Although he has seemed a bit out of step since his sponsor, Benedict, was replaced by the more humble Francis I, Dolan has insisted that he has made no effort to change his style or practice. In view of how this vicar of Christ chose to represent Jesus when he managed the money in Milwaukee, that's too bad for New Yorkers.

Looking Past Cardinal Dolan's Hearty Smile | Michael D'Antonio

WisBar News: Milwaukee Archdiocese Loses Federal Appeal on $55 Million Transfer:

 

the U.S. Court of Appeals for the Seventh Circuit has ruled that protections on religious freedom won’t protect a $55 million transfer that diminished the Archdiocese's bankruptcy estate.

In 2008, the Archdiocese of Milwaukee transferred $55 million to a trust fund designated to maintain cemeteries it owned in Milwaukee, after seeking approval from the Vatican.

According to court records, a letter to the Vatican indicated that the transfer would protect funds from legal claims and future liability. The Vatican approved the transfer.

In 2011, amidst civil fraud lawsuits that stemmed from sexual abuse by priests, the Archdiocese filed for bankruptcy protection. 

Sexual abuse victims sought to void the $55 million transfer as fraudulent, in violation of the Bankruptcy Code, in order to make those funds reachable by them as unsecured creditors with claims against the Archdiocese’s bankruptcy estate.

The Archdiocese argued that the $55 million was protected as necessary to maintain cemeteries under Canon Law obligations. Specifically, the Archdiocese argued that the Religious Freedom and Restoration Act (RFRA) barred application of the Bankruptcy Code provisions, because the transfer was made for religiously protected purposes.

RFRA prohibits the “government” from placing substantial burdens on a person’s exercise of religion, without a compelling interest achieved by the least restrictive means, even if the government’s law or regulation is generally applicable to everyone. The government includes government officials or persons acting “under color of law.”

The Archdiocese argued that RFRA applies because the U.S. Trustee, which oversees the administration of bankruptcy cases, appointed a Creditors’ Committee – consisting of sex abuse victims – to represent the Archdiocese’s unsecured creditors in the case.

Thus, the Archdiocese argued, the Committee was acting “under color of law.” The Archdiocese also argued that the transfer is protected by the First Amendment.

The appointed Committee of victims argued that RFRA did not apply because the Committee is not a government actor. It also contested the Archdiocese’s First Amendment defense, and argued the district court judge should have recused himself because he has family members buried at cemeteries owned by the Archdiocese.

District Judge Rudolph Randa ruled that RFRA and the Free Exercise Clause barred application of the Bankruptcy Code provisions against the $55 million.

In Listecki v. Official Committee of Unsecured Creditors (March 9, 2015), a three-judge panel for the Seventh Circuit Court of Appeals rejected the Archdiocese’s RFRA and First Amendment defenses to the transfer, but did not rule on the recusal issue.

First, the panel said RFRA did not apply because the Committee is not a government actor, and RFRA only protects government actions that substantially burden religion.

“Although each determination of an entity’s governmental actor status is fact- and case-specific, our conclusion that the Committee is not a governmental actor is supported by the Supreme Court’s precedent,” wrote Judge Ann Claire Williams. “There might be a ‘nexus,’ between the Committee and the government, but it is not a close one.”

The panel also ruled that the First Amendment’s free Exercise of Religion Clause does not bar application of the Bankruptcy Code provisions to the $55 million transfer, even though the First Amendment can apply in private civil suits.

“The Code and its relevant provisions are generally and neutrally applicable and represent a compelling governmental interest in protecting creditors that is narrowly tailored to achieve that end,” Judge Williams wrote for the panel.

The Bankruptcy Code may be used to void certain transactions, including fraudulent and “preferential” transfers that would allow the debtor to avoid inclusion of certain funds into the bankruptcy estate, which is subject to creditors. The Archdiocese said certain Code provisions are not neutral because they target religious organizations.

But the panel explained that such provisions do not prohibit the practice of religion and do not single out religious practice. “Anyone, regardless of religion or beliefs, can donate money to a qualified religious or secular charitable organization under the Code and qualify for avoidance – no religion or religious practice is required,” Williams wrote.

Even assuming the Bankruptcy Code’s provisions substantially burdened the Archbishop’s religious belief by disallowing a monetary transfer that supports cemetery maintenance, the panel said the government had a compelling reason.

“The Committee’s asserted compelling governmental interest is the protection of creditors. We agree that this is a compelling governmental interest that can overcome a burden on the free exercise of religion,” wrote Judge Williams, noting that the Bankruptcy provisions are narrowly tailored to protect the creditors’ interests.

The panel did not rule whether the $55 million transfer actually violated the Bankruptcy Code provisions, only that RFRA and the First Amendment do not prevent the code’s application: “[I]f the case reaches that stage, the adjudicator can consider the issue of whether the transfer of the Funds ran afoul of any of the Challenged Provisions.”

See more at:  SWisBar News: Milwaukee Archdiocese Loses Federal Appeal on $55 Million Transfer:

Pope meets with Chile bishop amid outcry over appointment | Lubbock Online | Lubbock Avalanche-Journal

 

VATICAN CITY — Pope Francis met Friday with the bishop running a Chilean diocese where there has been unprecedented opposition to the nomination of his successor, accused of covering up for Chile’s most notorious pedophile.

The Vatican released no details of Francis’ audience with Monsignor Fernando Natalio Chomali Garib, who has been running the Osorno diocese temporarily since its previous bishop was transferred in 2013.

In January, Francis appointed Bishop Juan Barros Madrid to take over permanently. But in the ensuing weeks, some 1,300 lay faithful from Osorno, 51 of Chile’s 120 national lawmakers and many of the 35 priests from the diocese urged Francis to rescind the appointment.

They have accused Barros of covering up for the Rev. Fernando Karadima, a prominent priest sanctioned by the Vatican in 2011 for sexually abusing minors.

A criminal complaint against Karadima was dismissed because the statute of limitations had expired, but the Chilean judge handling the case determined the abuse allegations were truthful.

Barros had been close to Karadima, and some of Karadima’s victims have accused him of defending the priest against their claims of abuse. Barros has not responded to the accusations; the issue is likely to come to a head before the planned March 21 ceremony in which he is to be formally installed as bishop of Osorno.

The Barros case is being watched as a test case for Francis on the question of holding accountable bishops who covered up for pedophiles. Francis has already sent a Vatican investigator to the U.S. diocese of Kansas City, where Bishop Robert Finn pleaded guilty to a misdemeanor charge of failing to report a priest who had child pornography on his computer.

But the Vatican has taken no action against Finn, and no bishop has ever been publicly sanctioned for having covered up for an abuser.

Members of Francis’ sex abuse advisory commission have said holding bishops accountable is one of their priorities, and that they are drafting proposals for Francis to consider for sanctioning compromised bishops.

Pope meets with Chile bishop amid outcry over appointment | Lubbock Online | Lubbock Avalanche-Journal

Pope Meets With Chile Bishop Amid Outcry Over Appointment - ABC News

 

Pope Francis met Friday with the bishop running a Chilean diocese where there has been unprecedented opposition to the nomination of his successor, accused of covering up for Chile's most notorious pedophile.

The Vatican released no details of Francis' audience with Monsignor Fernando Natalio Chomali Garib, who has been running the Osorno diocese temporarily since its previous bishop was transferred in 2013.

In January, Francis appointed Bishop Juan Barros Madrid to take over permanently. But in the ensuing weeks, some 1,300 lay faithful from Osorno, 51 of Chile's 120 national lawmakers and many of the 35 priests from the diocese urged Francis to rescind the appointment.

They have accused Barros of covering up for the Rev. Fernando Karadima, a prominent and charismatic priest sanctioned by the Vatican in 2011 for sexually abusing minors. A criminal complaint against Karadima was dismissed because the statute of limitations had expired, but the Chilean judge handling the case determined the abuse allegations were truthful.

Barros had been close to Karadima, and some of Karadima's victims have accused him of defending the priest against their claims of abuse. Barros has not responded to the accusations; the issue is likely to come to a head before the planned March 21 ceremony in which he is to be formally installed as bishop of Osorno.

The Barros case is being watched as a test case for Francis on the question of holding accountable bishops who covered up for pedophiles. Francis has already sent a Vatican investigator to the U.S. diocese of Kansas City, where Bishop Robert Finn pleaded guilty to a misdemeanor charge of failing to report a priest who had child pornography on his computer.

But the Vatican has taken no action against Finn, and no bishop has ever been publicly sanctioned for having covered up for an abuser.

Members of Francis' sex abuse advisory commission have said holding bishops accountable is one of their priorities, and that they are drafting proposals for Francis to consider for sanctioning compromised bishops.

Pope Meets With Chile Bishop Amid Outcry Over Appointment - ABC News

Judges dismisses key sex abuse claims against archdiocese

 

The judge in the Archdiocese of Milwaukee bankruptcy on Wednesday dismissed nine sexual abuse claims involving priests and a counselor at a Catholic social service agency — the largest group of victims eliminated from the 4-year-old bankruptcy to date.

U.S. Bankruptcy Judge Susan V. Kelley threw out nine of 10 claims challenged by the archdiocese, saying seven of the victims failed to show evidence of fraud — the basis for their claims — and that lawsuits by two others had previously been dismissed by state courts.

The judge left one claim standing, at least for now: a man who alleges he was molested by the late Rev. Lawrence Murphy as a boy at St. Lawrence School for the Deaf in the 1970s. Murphy, one of the archdiocese's more prolific abusers, is believed to have molested as many as 200 boys over several decades.

Kelley said evidence suggests the archdiocese may have known as early as the 1950s that Murphy was molesting deaf boys at the school and failed to remove him, and that such disputes over facts must be litigated rather than dismissed on summary judgment as the archdiocese had asked.

The 10 claims taken up Wednesday — all identified by number because their claims were filed under seal —had been seen by some as test cases that could be used to dismiss large numbers of similar claims.

Victims voiced anger and disappointment at Kelley's dismissals of the nine. Arthur Budzinski, who also was molested by Murphy, drew little consolation from the other survivor's legal victory.

"It's ugly," Budzinski said through a sign language interpreter.

He lashed out at the archdiocese and its attorneys, who challenged the admissibility of the evidence against Murphy, including a letter from a Chicago priest who said he had reported Murphy to then-Archbishop Albert Meyer in the 1950s.

"The church needs to be honest. It's not being honest," he said.

Monica Barrett, whose claim involving the late Rev. William Effinger was disqualified because of a prior state court ruling, called Kelley's decision "a travesty of justice."

Barrett took issue with the judge's characterization of pedophile priests as "a few bad apples."

"That's insulting and demeaning to every survivor who suffered at the hands of these criminals," she said. "Let's call them what they are: criminals."

Jerry Topczewski, chief of staff for Milwaukee Archbishop Jerome Listecki, said Kelley's ruling affirms what the archdiocese has said for years about most of the sex abuse allegations against its priests — "that the vast majority of abuse was not known to the archdiocese until years after it occurred."

The 10 survivors are among the more than 500 individuals who filed sex abuse claims seeking compensation. The claims considered Wednesday involved some of the archdiocese's most notorious sex offenders, including Murphy, who is believed to have molested some 200 boys over the years; Effinger; and the late Rev. George Nuedling.

Wednesday's hearing was the latest legal battle in a costly and contentious bankruptcy filed by the archdiocese in January 2011 to address its sexual abuse liabilities dating back decades — and the latest in a string of legal victories for the archdiocese in the Chapter 11 proceedings.

Barred by Wisconsin courts from asserting negligent supervision — the claim asserted in most church abuse cases around the country — survivors allege instead that the archdiocese defrauded them by moving problem priests from post to post without divulging they were a danger to children.

Six of the survivors were unable to show Wednesday that the archdiocese knew about their abusers before they were molested because theirs were the first allegations to surface against those offenders. One, involving an unnamed priest, is the first and only accusation against that cleric, the archdiocese said.

Legal fees in the bankruptcy have totaled more than $16 million, according to the archdiocese. However, victims' attorneys and the advocacy group Survivors Network of Those Who Have Been Abused by Priests put it at more than $20 million. Each side accuses the other of dragging the case out by litigating every possible point. Under bankruptcy law, the archdiocese pays the bill for both sides…..

Read the entire article buy clicking on the following:  Judges dismisses key sex abuse claims against archdiocese

Retrial begins for Philly priest in molestation case

 

PHILADELPHIA Catholic priest took advantage of a quiet kid when he allegedly molested a 10-year-old altar boy in 1997, a prosecutor told a Common Pleas jury yesterday.

The Rev. Andrew McCormick, 58, is being retried a year after a jury remained deadlocked after more than four days of deliberations.

McCormick is accused of involuntary deviate sexual intercourse, endangering the welfare of a child and indecent assault of a child under 13 years of age, among other charges.

In her opening statement yesterday, Assistant District Attorney Kristen Kemp said that McCormick had "picked and targeted [the victim] because he wouldn't tell."

The alleged victim, whose name the Daily News is withholding due to the graphic nature of the allegations, is now 28.

The man does not remember the exact date of the alleged incident, but recalls that it was cold outside and that "it was a holy day of obligation," Kemp said in her opening argument.

McCormick allegedly asked the boy, " 'Hey, do you want to see my room upstairs?' " at St. John Cantius Church in Bridesburg, Kemp said.

Once there, the prosecution alleges, McCormick assaulted the boy.

"In an instant, he was not the Father Andy that [the boy] trusted and loved," Kemp told the jury. "He was on him, kissing him and grabbing his genitals."

Kemp further described the priest trying to push his penis into the boy's mouth. When the boy resisted, McCormick allegedly order him to leave.

Kemp said that the alleged victim did not report the incident at that time, but told his cousin a year later and a group on a high-school religious retreat seven years later. Eventually, she said, he told his dad in a middle-of-the-night text message in 2011.

Kemp read the text to the jury: "Hey Dad, I don't want to wake you, but I woke up out of my sleep. And things have been bothering me. And I'm just going to come out and say it. Father Andy molested me."

The defense contends that the alleged victim was a troubled person who "has battled substance abuse for most of his life," McCormick's lawyer, Trevan Borum, said in his opening statement.

"He's been a priest for 30 years," Borum said. "He's served in four different parishes. During that 30 years, he's come into contact with hundreds, if not thousands, of altar boys. [The alleged victim] is the only person in that 30 years that has ever accused Father McCormick of child molestation."

The Archdiocese of Philadelphia placed McCormick on administrative leave in March 2011 in response to allegations of sexual misconduct with minors.

Borum said that when the alleged victim told people at the high-school retreat about the alleged incident "he doesn't say who molested him, he doesn't say when it happened."

The trial continues at 9:30 a.m. today.

Retrial begins for Philly priest in molestation case

Activity Picks Up in Clergy Sex-Abuse Suits | The Legal Intelligencer

 

The plaintiff in a priest sex-abuse case is appealing a Philadelphia judge’s ruling that the statute of limitations barred his claims. Meanwhile, the case that will be the second priest sex-abuse lawsuit to go to trial in Philadelphia is set to head to the courtroom in early March.

Philadelphia Court of Common Pleas Judge Jacqueline F. Allen said the statute of limitations ran on plaintiff Philip Gaughan’s claims against the Archdiocese of Philadelphia in 2000, two years after he turned 18. Gaughan claimed he suffered psychological trauma from being sexually abused by a priest from 1994 to 1997.

According to Allen’s memorandum, Gaughan alleged that he didn’t realize the abuse had caused a psychological injury until 2010. Gaughan’s lawsuit was filed in 2011.

Malvern-based attorney Daniel Monahan, who handles the bulk of the clergy abuse cases in Philadelphia, represents Gaughan.

In arguing that the statute of limitations be tolled, Monahan said, “We’re trying to convince the appellate courts that the sex-abuse cases are like any type of latent disease case where people don’t know about it until very late in life.”

The developments in the Gaughan case come just over a month after the first clergy-abuse case settlement in Philadelphia, according to Monahan. The details of the settlement are confidential and Monahan said his client wishes to remain anonymous.

Nicholas Centrella of Conrad O’Brien represents the archdiocese and did not return calls seeking comment.

The next clergy case headed to trial is John Doe 187 v. Archdiocese of Philadelphia, scheduled for early March.

A fuller version of this article will be posted later when the article is completed.

Activity Picks Up in Clergy Sex-Abuse Suits | The Legal Intelligencer

Pedophile priest victims urge action from pope - Yahoo News

 

…At the press conference in Mexico City, some of the victims questioned the pope's commitment to fighting pedophilia in the Church.

"We demand that the pope, at the very least, live up to his word because we can all make headlines. Enough with the headlines," said Juan Carlos Cruz, a Chilean victim who said he feld "deeply betrayed" by the pontiff.

Julieta Anazco of Argentina said that when Francis was known as Cardinal Jorge Mario Bergoglio in Buenos Aires, he "never received anybody," despite requests by victims to meet him.

"We are all very sad and losing hope. We have asked for something effective to be done. We want (abusive priests) to be removed and tried" in criminal court, said Anazco, who was abused by a priest at a Church-sponsored summer camp in the 1980s.

The network of victims from the Americas said that the pope's predecessor, Benedict XVI, secretly suspended 400 priests for abusing children, and that they faced Vatican justice without the testimony or knowledge of the victims and their lawyers.

Barbara Blaine, president of the Survivors Network of those Abused by Priests, said via video conference from the United States that Pope Francis should follow the recommendations of the United Nations, which said last year that the Church violated the UN Convention on the Rights of the Child.

Read the entire article by clicking on the following:  Pedophile priest victims urge action from pope - Yahoo News

Status of Msgr. Brodeski

For more details go to:  http://boonecountycatholics.blogspot.com/2015/01/masturbating-priest-pleads-guilty-to.html

Phila. Archdiocese puts priest on administrative leave

 

The Archdiocese of Philadelphia has placed a Bucks County priest on administrative leave while it reviews allegations against him.

The archdiocese said Sunday it had placed the Rev. Louis J. Kolenkiewicz, 47, on leave, "in an abundance of caution."

Archbishop Charles J. Chaput took the action in response to new information stemming from allegations that were investigated twice before, in 2005 and 2011.

The archdiocese did not disclose details of the allegations but said Kolenkiewicz was alleged to have violated ministry standards regarding the boundaries of appropriate behavior for interacting with children and young people.

The allegations did not involve illegal or inappropriate contact with a minor, the archdiocese said in a statement.

Kolenkiewicz was on administrative leave from 2011 to 2014 while the earlier allegations were reviewed.

He could not be reached for comment Sunday.

David Clohessy, director of SNAP, a national advocacy group for victims of clergy sex abuse, says it can take numerous people to provide information before meaningful change occurs.

"Oftentimes, the priests who are reinstated tend to be very politically connected both inside and outside the church," he said in an interview Sunday.

"It's crucial that every single person with information or suspicions come forward, "he said. "Only vigilance protects kids."

Kolenkiewicz was most recently assigned to St. Bede the Venerable Parish in Holland, Bucks County. The archdiocese said the allegations were unrelated to that assignment, but counselors there were made available.

In 2011, a Philadelphia grand jury found that 37 active priests in the archdiocese were accused or suspected of inappropriate behavior with children.

The report led to a review of personnel files by the archdiocese. One month after the report, 21 priests were put on administrative leave. In September of that year, Kolenkiewicz was also placed on administrative leave.

No criminal charges were brought against Kolenkiewicz after reviews of the allegations by law enforcement in 2005 and 2011. He was reinstated to ministry in June 2014 based on a recommendation by an archdiocesan advisory committee on child sexual abuse.

Since being ordained in 1993, Kolenkiewicz has served in six parishes, including

Phila. Archdiocese puts priest on administrative leave