Jury Awards Plaintiff $8.1 Million in Duluth Clergy Abuse Case

By Virginia Carter

Cathedral of Our Lady of the Rosary

The jury attributed 60 percent fault to the Diocese of Duluth and the other 40 percent to the Oblates of Mary Immaculate, a religious order based in St. Paul. The victim testified that he was molested by the Rev. James Vincent Fitzgerald for two weeks and that church officials failed to adequately supervise the priest, leading to the sex assault. It’s the first such case to go to trial under Minnesota’s Child Victims Act, which temporarily lifted the statute of limitations to allow victims to sue for sexual abuse which occurred decades ago. The award was less than the $11.7 million Weis had been seeking.

Attorneys said it was the first lawsuit to go to trial under Minnesota’s Child Victims Act, passed in 2013. That law opened a three-year window to file claims for older incidents of abuse.

In 1978, he traveled to the St. Catherine Parish in Squaw Lake, Minn., part of the Diocese of Duluth. It’s rare for a clergy sexual abuse case to actually reach a jury verdict. Anderson had asked jurors in his closing arguments Tuesday to find the diocese 90 percent responsible and the Oblates 10 percent responsible.

Diocese attorney Susan Gaertner declined to comment after the verdicts were read. They awarded Doe 30 $8.1 million for pain, suffering, loss of earnings and future medical costs. Fitzgerald, who worked at six parishes within the Diocese of Duluth between 1957 and 1983, died in 2009. “Through coming forward and standing up to them and taking this case to trial, that whole process was transformative for this survivor”, Finnegan said. “I think this verdict sends a clear message that juries are not going to stand still anymore and sympathize with the church”.

Anderson said he expects the diocese to appeal the verdicts and challenge the monetary award. Law experts say this verdict sets an important precedent for the hundreds of abuse cases that are pending right now against the Archdioses of St. Paul and Minneapolis, and other diocese in Minnesota. Wednesday, he said that he supported the jurors’ findings. “The reality is that the diocese has limited resources”, she said.

Complete Article HERE!

Haitian officials look into new allegations against man who founded orphanage

Michael Geilenfeld won a defamation case against a Freeport man in a federal civil trial in Portland this past summer.

Haitian investigators are looking into new allegations of child sex abuse against an American man who founded an orphanage for boys in Haiti’s capital decades ago and who successfully sued a Freeport, Maine, man for defamation this summer.

Police with an arrest warrant searched unsuccessfully Friday for Michael Geilenfeld at a modest private residence in a mountainside community above Port-au-Prince and the nearby Wings of Hope home for about 30 physically and mentally disabled children and young adults. On its website, the facility says it is a “critical part” of Geilenfeld’s charitable organization.

Geilenfeld and his North Carolina charity, Hearts with Haiti, this year sued Paul Kendrick of Freeport for defamation. In July, a federal jury in Portland, Maine, agreed with Geilenfeld and the charity that Kendrick had been reckless and negligent in launching an email campaign spreading false claims that Geilenfeld had sexually abused some orphans in his care.

The jury awarded $7.5 in damages to the charity and $7 million to Geilenfeld.

Kendrick said Saturday that he welcomed the new investigation of Geilenfeld.

“In my mind, children in Haiti are still not safe from Michael Geilenfeld,” Kendrick said. “Now, Haiti officials are stepping in and I applaud that.”

Kendrick said a U.S. District judge in Portland dismissed a motion to order a new trial and another asking that the award be determined excessive in the defamation case. He said his lawyer will file an appeal with the 1st U.S. Circuit Court of Appeals this month.
michael_geilenfeld
Geilenfeld is already the subject of another criminal case in Haiti that accused him of sexually abusing boys in his care. He spent 237 days in detention before being released in April by a Haitian judge who dismissed the charges in a brief trial that was not attended by the accusers, now adults. But the country’s justice minister granted a re-examination of the case and it is now in court again on appeal.

In the trial in Maine, Geilenfeld had testified that he believed the false accusations of sexual abuse lingered against him in impoverished Haiti because he was a gay man in what he described as a homophobic country.

Geilenfeld, an Iowa native and former Catholic brother, founded the St. Joseph Home for Boys in Haiti’s capital in the 1980s. At the defamation court case in Maine, which saw seven Haitian men testify they were molested as youngsters by the American man, Geilenfeld said he was inspired by Mother Teresa’s missionary work to do good works in Haiti. He has repeatedly denied any wrongdoing.

Kendrick said Saturday that the jury was misled by “a charming child molester.”

During the search Friday at the Wings of Hope facility in Fermathe, a government official who accompanied police showed reporters an arrest warrant for Geilenfeld signed Thursday by General Prosecutor Jean Abner Emile. Geilenfeld returned to Haiti after the Maine defamation case was completed.

Haitian authorities questioned staff members about Geilenfeld’s whereabouts. Communications director Renee Dietrich told them she had spoken to him several days ago but didn’t know where he was. She also showed them unanswered calls she made to him on her cell phone.

Dietrich declined to speak to reporters with The Associated Press who witnessed the Friday police searches, referring all queries to Geilenfeld’s U.S. lawyer, Peter DeTroy, whose law firm is in Portland, Maine. He did not respond to an email seeking comment and has previously said he has no involvement with legal matters in Haiti.

Alain Lemithe, Geilenfeld’s Haitian lawyer, said he was confident that his client would prevail in Haiti’s appeals court in the coming weeks and said the timing of new allegations appeared to be “very suspicious.”

Haitian investigators were accompanied Friday by Valerie Dirksen, a real estate agent from the Atlanta metropolitan area who says she sponsors two young Haitian men who claim they were abused by Geilenfeld when they were under his care as boys.

According to Dirksen, the new arrest warrant for Geilenfeld was issued after a magistrate judge visited the St. Joseph Home for Boys and found three youngsters residing there with him, a violation of an earlier mandate by Haiti’s child welfare authority.

“I will stay here in Haiti until he is arrested,” she said outside the Wings of Hope home.

Complete Article HERE!

Peru Catholic Society Admits Sex Abuse Probe against Founder

A secretive Roman Catholic society with chapters across South America and in the U.S. has revealed under pressure that a Vatican investigator is looking into allegations that its founder sexually molested young recruits.

Sodalitium Christianae VitaeThe scandal at the Peru-based Sodalitium Christianae Vitae, or Sodalitium for Human Life, has close parallels to other recent cases of charismatic Catholic leaders in Latin America being accused of sex abuse — as well as the church dragging its feet on investigating claims and trying to keep scandals quiet.

This week, Sodalitium’s general secretary disclosed the Vatican investigation after two journalists published a book detailing the accusations against founder Luis Fernando Figari, 68.

Co-author Pedro Salinas, a former society member, has been publicly accusing Figari since 2010 of physical, psychological and sexual abuse. According to the book, three men lodged complaints the following year with a Peruvian church tribunal alleging Figari sexually abused them when they were minors.

There is no indication the tribunal did anything with the case, including notifying prosecutors. Nor is it known when the Vatican was advised.

Cardinal Juan Luis Cipriani, the conservative archbishop of Lima with jurisdiction over the tribunal, was quoted as telling the Chilean newspaper El Mercurio this week that case is “regrettable and painful” and claiming

“We have acted with absolute transparency and rapidity,” he said.

No criminal probe was opened in Peru until after the mid-October publication of “Half Monks, Half Soldiers.” Prosecutors, though, say the statute of limitations has almost certainly run out as the alleged crimes occurred in the 1980s and 1990s.

Founded in 1971, Sodalitium has a presence in schools and churches and runs retreat facilities with communities in Peru, Argentina, Colombia, Brazil, Chile, Ecuador, Italy and the United States. Its members are mostly lay Catholics but also include clergy.pplffchile051208

After the book’s release, the society issued three successive press releases as a public clamor for greater accountability and transparency intensified.

First, the society revealed that Figari, who is not a priest, has been living in relative isolation at a Sodalitium community in Rome since 2010 and has been out of public life and governance of the society since then. At the time of his departure as general secretary, Sodalitium said only that Figari was stepping down for health reasons.

It added that the society’s current leader, Alessandro Moroni, decided in 2014 to intensify the regime of “prayer and retreat” being followed by Figari

The statement also noted Figari wasn’t alone in being accused: The book says the society’s No. 2, the late German Doig, was accused of sexually assaulting a minor. He died in 2001. A decade later, after the allegations against him first surfaced, the society said his candidacy for beatification had been canceled.

In a second statement Oct. 21, the society said the book’s allegations were “plausible” and needed to be thoroughly investigated. It said it created a committee to hear complaints from other possible victims and asked forgiveness, calling the accusations against Figari “cause for deep grief and shame.”

peru211It said Figari insists he is innocent, though it notes he hasn’t said so publicly.

This week, the third release disclosed that the Vatican had on April 22 named a local bishop to investigate the society. Figari departed Lima three days later for Europe, according to local published reports.

The book’s co-author, Paola Ugaz, said she and Salinas wrote in January to the Vatican office in charge of apostolic church societies detailing the allegations against Figari. They never got an answer, she said. But the official to whom they wrote, Archbishop Jose Rodriguez Carballo, signed the April 22 decree.

The scandal is similar to one in Chile involving the Rev. Fernando Karadima, a charismatic priest who in 2011 was sentenced by the church to a lifetime of penance and prayer for sexually abusing young people. The local archbishop sat on allegations against Karadima for years, refusing to believe them, and only passed them on to the Vatican after the scandal exploded globally in 2010.

The case also has parallels to a scandal at the Legion of Christ, which was headed by the late Mexican priest Marcial Maciel. The Vatican under St. Pope Paul II ignored decades of credible abuse allegations against Maciel and discredited his victims. Only in 2006 did it act, giving him the same sentence as Karadima.

The Peruvian bishop assigned to the Figari probe, the Rev. Fortunato Pablo Urcey of Chota, is ordered by the decree to “verify the true authenticity of accusations” past and new against Figari and file a full report.

But Urcey, the secretary general of Peru’s council of churches, said in a radio interview this week that he didn’t consider himself an investigator as much as a supporter of Sodalitium.

In an interview with RPP radio, he said he had no plans to interview the ex-members who filed the complaints or to read the book.

“I like the designation ‘visitor’ better than ‘investigator’ because I’m not an investigator,” he said, recalling his official title as an “apostolic visitor.” Three times during the interview, Urcey said he would do all he could to “save the charism of this congregation,” a reference to the spirituality that makes it unique.

Urcey did not return phone messages left by The Associated Press. Efforts to reach a spokesman for the Lima ecclesiastic tribunal also were unsuccessful. The body’s deliberations are secret.

The society’s current leader, Moroni, said in an interview with the newspaper El Comercio this week that he contacted the tribunal about the accusations against Figari more than two years ago.

Tribunal officials responded that “they are an independent body and they didn’t have to give us any kind of information until they reached a decision,” he said.

In an article published Friday, Salinas, the co-author, urged that Moroni be removed, calling him complicit in a culture of abuse that Salinas said included Figari’s burning of his flesh with a candle flame for about a minute in front of fellow initiates.

A Peruvian non-governmental organization, the Institute for Defense of the Rights of Minors, asked prosecutors last week to investigate Cipriani, Lima’s archbishop and an Opus Dei member, for obstruction of justice.

Its president, Daniel Vega, said none of the men who filed complaints against Figari with the tribunal were ever contacted by it afterward.

“There is a recurring conduct of the cardinal and his entire team of covering up crimes and not informing the criminal justice system.”

AP Vatican correspondent Nicole Winfield in Rome contributed to this report.

Complete Article HERE!

NJ archbishop sets rules for barring Catholics from Communion

File under: Grandstanding Idiot

By 

Archbishop John J. Myers of Newark, N.J., addresses Pope Francis at the conclusion of Mass at the Pontifical North American College in Rome on May 2, 2015. Photo by Paul Haring, courtesy of Catholic News Service
Archbishop John J. Myers of Newark, N.J., addresses Pope Francis at the conclusion of Mass at the Pontifical North American College in Rome on May 2, 2015. Photo by Paul Haring, courtesy of Catholic News Service

Even as Pope Francis and Catholic leaders from around the world debate ways to make the Catholic Church more inclusive, Newark Archbishop John Myers has given his priests strict guidelines on refusing Communion to Catholics who, for example, support gay marriage or whose own marriage is not valid in the eyes of the church.

In the two-page memo, Myers also orders parishes and Catholic institutions not to host people or organizations that disagree with church teachings.

He says Catholics, “especially ministers and others who represent the Church, should not participate in or be present at religious events or events intended to endorse or support those who reject or ignore Church teaching and Canon Law.”

The new rules could raise eyebrows given that Francis is currently leading a high-level Vatican summit, called a synod, where he and some 270 bishops are debating whether to let divorced and remarried Catholics receive Communion, and how to be more welcoming to cohabiting and gay couples whose lives don’t conform to Catholic teaching.

The guidelines could also up the ante for the coming election season, when Catholic candidates who support abortion rights or gay rights are sometimes challenged by conservatives over whether they should receive Communion.

A spokesman for Myers said in an email on Tuesday (Oct. 13) that the archbishop saw this as an opportune moment to set out the guidelines for priests in the northern New Jersey archdiocese.

“With so much being generated in the media with regard to issues like same-sex unions and such, this memo about ensuring that Catholic teaching is adhered to in all situations — especially with regard to the use of diocesan properties and facilities — seemed appropriate,” James Goodness, a spokesman for Myers, said in an email.

LetterArchdiocese of Newark Memorandum

Archdiocese of Newark Memorandum

The memo is titled “Principles to Aid in Preserving and Protecting the Catholic Faith in the Midst of an Increasingly Secular Culture.” It is dated Sept. 22 and was sent to priests this week, according to a source who provided a copy to Religion News Service.

In the memo, Myers writes: “The Church will continue to cherish and welcome her members and invite them to participate in her life to the degree that their personal situation permits them honestly to do so.

“Catholics,” he continues, “must be in a marriage recognized as valid by the Church to receive Holy Communion or the other sacraments. Non-Catholics and any Catholic who publicly rejects Church teaching or discipline, either by public statements or by joining or supporting organizations which do so, are not to receive the Sacraments.”

Myers issued these guidelines even though he is scheduled to retire next July when he turns 75, turning over the reins to Archbishop Bernard Hebda.

In 2013, Francis named Hebda a “coadjutor archbishop” — meaning he would automatically take over when Myers left office — after a series of controversies that angered many priests and parishioners in the 1.4 million-member archdiocese.

In one instance, Myers was criticized for allowing a priest — who was under court order to stay away from children — to work with youths, and in another he was criticized for using church funds to pay for pricey renovations to a retirement home.

Complete Article HERE!

The mystery surrounding the letter allegedly sent by cardinals criticising Synod procedure

By andrea tornielli

According to a list of names published by Vatican commentator, Sandro Magister, the letter was signed by thirteen cardinals. But four of the men mentioned – Scola, Vingt-Trois Piacenza and Erdö – denied signing the document. The incident underlines the importance of Francis’ call for this “hermeneutics of conspiracy” to stop

synod heads

Thirteen cardinals – Synod Fathers – are said to have sent a letter to Pope Francis, expressing their doubts about the procedures followed in the current Synod on the family and raising fears of piloting with the aim of obtaining “predetermined results”. The cardinals were apparently especially keen to know about the composition of the commission tasked with drafting the concluding text. They asked that the rapporteurs of the language-based discussion groups be elected, not nominated (the possibility of having non-elected was nominees was wafted about by some media circles on the eve of the Synod but it was never considered seriously).

The letter was published in full by Vatican commentator Sandro Magister, along with a complete list of the letter’s signatories: Carlo Carlo Caffarra, Archbishop of Bologna, Thomas Cardinal Collins, Archbishop of Toronto, Timothy Cardinal Dolan, Archbishop of New York, Wim Cardinal Eijk, Archbishop of Utrecht, Péter Cardinal Erdö, Archbishop of Esztergom-Budapest and Relator General of the Synod, Gerhard Cardinal Müller, Prefect of the Congregation for the Doctrine of the Faith, Wilfrid Cardinal Napier, Archbishop of Durban and one of the presidents delegate of the Synod, George Cardinal Pell, Prefect of the Secretariat for the Economy, Mauro Cardinal Piacenza, Major Penitentiary, Robert Cardinal Sarah, Prefect of the Congregation for Divine Worship and the Discipline of the Sacraments, Angelo Cardinal Scola, Archbishop of Milan, Jorge Cardinal Urosa Savino, Archbishop of Caracas, André Cardinal Vingt-Trois, Archbishop of Paris and one of the presidents delegate of the Synod.

But four of these figures denied their names were on the letter sent to the Pope. The Archbishop of Milan, Angelo Scola’s spokesman issued a statement on his behalf, confirming that he had signed no such letter. Later, the Archbishop of Paris, André Vingt-Trois, also denied having signed the letter, in a statement to French Catholic newspaper La Croix’s Vatican commentator. Then, in the late morning, the Major Penitentiary Cardinal Mauro Piacenza also denied signing the text. In a statement to Vatican Insider, he said he had not signed the letter, nor was he invited to do so. In the early afternoon, the General Rapporteur of the Synod, Cardinal Péter Erdö, also said his signature was not on that letter. Following each of these statements, Sandro Magister removed the signatories’ names from the list in his article.

In their letter, the cardinals – who gave their assurance that their concerns were shared by other Synod Fathers too – criticise the Instrumentum laboris, the Synod working document, stating: “it also has sections that would benefit from substantial reflection and reworking”. They criticise “the new procedures guiding the synod seem to guarantee it excessive influence on the synod’s deliberations and on the final synodal document”.

“The new synodal procedures,” the letter reads, “will be seen in some quarters as lacking openness and genuine collegiality”. Although the cardinals do not mention specifically which “quarters” they are referring to, it is clear that these doubts are their own.  “In the past, the process of offering propositions and voting on them served the valuable purpose of taking the measure of the synod fathers’ minds. The absence of propositions and their related discussions and voting seems to discourage open debate and to confine discussion to small groups; thus it seems urgent to us that the crafting of propositions to be voted on by the entire synod should be restored. Voting on a final document comes too late in the process for a full review and serious adjustment of the text.”

In another paragraph of the letter, cardinals write: “the lack of input by the synod fathers in the composition of the drafting committee has created considerable unease. Its members have been appointed, not elected, without consultation. Likewise, anyone drafting anything at the level of the small circles should be elected, not appointed.”

In turn, these things have created a concern that the new procedures are not true to the traditional spirit and purpose of a Synod. It is unclear why these procedural changes are necessary. A number of fathers feel the new process seems designed to facilitate predetermined results on important disputed questions.”

Finally, cardinals express their “concern that a synod designed to address a vital pastoral matter – reinforcing the dignity of marriage and family – may become dominated by the theological/doctrinal issue of Communion for the divorced and civilly remarried. If so, this will inevitably raise even more fundamental issues about how the Church, going forward, should interpret and apply the Word of God, her doctrines and her disciplines to changes in culture.”

The Secretary General of the Synod, Cardinal Lorenzo Baldisseri and the Pope himself responded to this letter in the Synod Hall the following day. Baldisseri explained that the signatories were off the mark in the comments about procedural changes to do with the commission in charge of drafting the final document and about the appointment of rapporteurs in the circuli minores.

Regarding the first objection, Baldisseri explained that until the Extraordinary Synod of 2014, three or four people from the General Secretariat had been in charge of writing the final document. It was Francis who wanted to expand this task, assigning one Synod Father from each continent. The commission was never elected by the Synod Fathers. In addition, the prediction some media circles close to the signatories made about the failure to elect rapporteurs and moderators from the language-based discussion groups (circuli minores), proved to be mistaken. As in 2014, the rapporteurs and moderators of the circuli minores, were elected by the Synod Fathers and not appointed. And the reports issued by these circles were published in full like last year.

Readers will recall Francis’ reference to a “hermeneutics of conspiracy”, defining it as “sociologically weak and spiritually unhelpful”. In other words, it is exactly the opposite of what the Synod Fathers are called to do and all these suspicions about conspiracies and plotting needs to stop. His words were welcomed with applause.

The Pope pointed out that “Catholic doctrine on marriage has not been touched, no one called it into question in this assembly or in the Extraordinary assembly. It has been preserved in its integrity”. He also urged Synod Fathers not to let themselves “be conditioned or limit” themselves, “seeing the question of communion for remarried divorcees as the only problem”.

Complete Article HERE!