Sins of omission just as grievous

COMMENTARY

We all mess up. There are things we shouldn’t do, and do. And there are things we should do, and don’t.

To put it in Christian lingo, there are sins of commission and sins of omission. Or to quote the general Confession from the Anglican Book of Common Prayer, “We have left undone those things we ought to have done, and we have done those things which we ought not to have done.”

The U.S. Roman Catholic Diocese of Kansas-St. Joseph is reeling from two such high-profile sins.

The pastor of the parish of St. Patrick’s, Rev. Shawn Ratigan, was beloved for his fondness for children and always carried a camera at events at the church and the parish elementary school. In May 2010, the school principal sent a letter to the diocese with concerns that Ratigan’s behaviour fit the profile of a child predator.

The diocese’s vicar general, Monsignor Robert Murphy, spoke to Ratigan about setting boundaries with children but Ratigan continued to attend children’s events, spend weekends with parish families, host an Easter egg hunt and, with his bishop’s consent, preside at a girl’s first communion. He is alleged to have taken lewd photographs during that time.

Last December, a computer technician found hundreds of “disturbing” photos on the priest’s laptop that included nude pictures of girls. He turned the laptop over to the diocese. The next day, Ratigan attempted suicide.

In May of this year, Murphy called the police and the priest was indicted by a federal grand jury. Parents of students and parishioners who had only been told that their priest had fallen sick from carbon monoxide poisoning, were understandably stunned when Ratigan was arrested and charged with three state child pornography counts.

In June he was charged with 13 federal counts of producing, possessing and attempting to produce child pornography. He has pleaded not guilty and remains jailed.

The other side of this sad story, however, is in the “things we should do and don’t” category. The bishop of the diocese, Robert Finn, despite promising three years ago to report suspected pedophiles to police as part of a $10-million US settlement with 47 plaintiffs in sexual abuse cases in Kansas City, has acknowledged that he knew of the priest’s photographs last December but did not turn them over to police until May.

He has been held criminally liable for Ratigan’s behaviour and has become the first U.S. bishop charged for sheltering abusive clergy. If convicted of the misdemeanor, Finn would face a possible fine of up to $1,000 and a jail sentence of up to one year. The diocese faces a possible fine of up to $5,000.

Last Sunday, the bishop urged worshippers to keep the diocese together and avoid discouragement. He has promised to fight the charge. He said in a statement, “We will meet these announcements with a steady resolve and a vigorous defence.”

While Finn admits to knowing about the photographs five months before taking action, he claims that he didn’t read the school principal’s letter dated May 2010 until this past spring.

Finn has the right to a trial by a jury of his peers. He has the right to avoid self-incrimination. He has the right to use every legal advantage the judicial system affords the accused.

It is also important to stress, once again, that clergy abuse is only a small portion of the abuse of children at the hands of coaches, teachers and extended family members.

Nevertheless, victims’ groups see this indictment as a step in the right direction where a bishop is held liable for the behaviour of a priest he supervised because he failed to report the priest to authorities.

Regardless of the legal outcome, given the disappointment and anger rampant in his diocese, Finn should, at the very least, resign.

And he should resign now.

Complete Article HERE!

Catholics troubled by abuse case in KC

A dozen people crammed into a parish hall Wednesday night to earn a certificate in “Protecting God’s Children.”

The two-hour course has been provided by the Roman Catholic Diocese of Kansas City-St. Joseph for the past decade and was designed to help people detect warning signs of child sex abuse and know how to report inappropriate behavior.

But the obvious subtext of the event — splashed across headlines nationwide this month — remained, for the most part, unspoken. Apart from a passing reference to “the news,” those who participated in the training heard nothing of the indictment this month of their diocese and current bishop, Robert Finn, for failing to report child abuse.

Catholic school teachers attended the training at St. George Parish in Odessa, Mo., along with a maintenance man, women planning to chaperone a bus trip to a youth convention and somebody who occasionally tends a church snack booth.

The course leader cautioned the group that the grainy videos they were about to see would be troubling; anyone could step into the hall if needed. Footage included stories from victims and perpetrators who described how they repeatedly groomed children for years, often near unwitting adults.

“Despite our best efforts, there is one nightmare that no child should have to experience,” former acting bishop of the diocese Raymond Boland said in the videos about child sex abuse. He added that the problem has been hidden for years and the “hesitance to report” is a tragedy that “protects people who shouldn’t be in positions of trust.”

Boland encouraged parents to have “healthy suspicion.”
“You go with your gut,” course leader Katherine Brown told the group. “If something is a little off, something is a little off.”

Kelly Blankenship said she thought about the diocesan turmoil throughout the class. She’d read the 141-page report posted on the diocese website that laid out the case of the Rev. Shawn Ratigan. Ratigan faces state and federal child pornography charges, not to mention civil claims against him and the diocese that allege Ratigan was protected instead of children.

Finn himself has apologized that the diocese was slow to react. But the glaring warning signs seemed to jump right out of the videos in the child safety class.

“It’s almost like a joke,” said Blankenship, 33, a mother of three.
Clergy sex abuse cases have made national headlines for a decade. Church leaders have promised reforms and formed internal review boards. The church has paid about $2 billion in civil claims.

Recent indictments of clergy in Philadelphia and Kansas City signal there is still work to be done, said Terry McKiernan, president of Bishopaccountability.org, an online library of abuse cases.

“If it’s not working in Philadelphia or Kansas City then there is a concern that it’s not working elsewhere, too, because the system is the same everywhere in the U.S.,” he said.

But experts also say the indictments against the Kansas City diocese and high-level authorities like Finn and Monsignor William Lynn of Philadelphia, who was charged in February with child endangerment, ushered in a new phase of housecleaning: The threat of criminal consequences for managers who fail or are slow to report abuse.

“If they don’t learn their lesson this time, I can’t imagine what the next phase would be (other than) the continual eroding in the confidence of clergy,” said Dennis Coday, managing editor at the National Catholic Reporter, an independent publication based in Kansas City.

‘CONTRIBUTE SOMETHING’
Many are baffled by the indictments announced Oct. 14 because in 2008, the Diocese of Kansas City-St. Joseph paid $10 million to settle abuse claims with 47 victims. Finn apologized then for the “fully unacceptable behavior” that prompted the lawsuits and assured that new measures were in place “so that we may be confident there will never, ever be a repeat of the behaviors.”

Blankenship and many others are sticking by their faith while hoping future red flags will be handled swiftly and in the open.

“If we can contribute something positive, then our faith can outlive these kinds of tragedies,” she said.

For her that means teaching Sunday school at nearby St. Jude the Apostle Mission in Oak Grove, Mo.

More vocal Catholics say Finn has lost his moral authority and needs to step down. The Facebook page “Bishop Finn Must Go” is gaining hits.
Some of the hostility against Finn predates the latest crisis. Ever since Finn arrived from St. Louis in 2005, he has been trying to navigate the Kansas City diocese away from its progressive roots and toward adherence to traditional church rules.

Meanwhile, others believe Finn, who pleaded not guilty to the misdemeanor charges, has been the target of zealous advocacy groups and prosecutors. At worst, a veteran priest said, Finn has fallen prey to his two main qualities — kindness and trust.

“He’s a kind man in the way of taking a person, regardless of their failure or sin, and trying to bring them back to Christ,” said Monsignor William Blacet, 89. “He’s a very trusting soul. Those two things have gotten him in trouble.”

In a letter to the Kansas City Star, Frank Kessler, emeritus professor of government at Missouri Western State University in St. Joseph, asked for the charges to be dropped.

“There are those who want to paint Finn as a poster boy for the clerical abuse scandals,” he said. “That just does not pass the smell test.”

RED FLAGS
A year after Finn’s apology, Ratigan showed up at St. Patrick Parish in North Kansas City and its nearby school and day care. He was bald, wore a leather jacket and drove a Harley-Davidson motorcycle. He loved to interact with children, and parents adored him for it.

Ratigan also had a passion for photography and often carried a camera.
But soon parents and teachers started noticing “boundary violations,” according to an investigative report of his case commissioned and publicized by the diocese. His Facebook page had pictures of children sitting on his lap and a photograph of him swimming in a lake with young girl.

On May 19, 2010, Principal Julie Hess wrote a complaint about his behavior and shared it with Vicar General Monsignor Robert Murphy, the bishop’s right-hand man. According to the report, a parent was alarmed to have seen Ratigan rubbing his daughter’s back. His home seemed “tailor made for children,” with stuffed animals, a large fish tank and a kitchen “adorned with towels shaped like doll clothes.” A pair of young girl’s panties was found in a backyard planter.

Hess said she didn’t call the Missouri Division of Family Services hotline because she didn’t suspect abuse.

In December, after Ratigan reported problems with his laptop, a technician discovered “hundreds” of images of young girls on his computer, including pictures of their crotches and at least one image that showed the exposed genitals of a little girl, according to court records.

The computer was turned over to the diocese and the next day Ratigan tried to kill himself in his garage.

Murphy, the vicar general, consulted a police captain on the diocese’s internal review board, but only described one image and didn’t tell him there were many, according to the diocesan report. No other police, parish leaders or parents were notified.

Ratigan recovered and was pulled from St. Patrick to minister at a convent. Finn gave him a set of restrictions, but Ratigan only “grew bolder” by accessing computers and having continued contact with children, according to the report.

Five months after the images were found, Murphy reported Ratigan to police.
Soon after, the diocese hired former U.S. Attorney Todd Graves to investigate. His report concluded that the organization’s abuse policy must “encourage all employees to contact police” and that “the second most serious failing” was Murphy’s and the “apparent acquiescence by Bishop Finn not to report the laptop incident.”

Finn again apologized, promising new reforms that assured any future allegations of abuse would be handled by an ombudsman, currently a former prosecutor.

“From our perspective the apologies are utterly meaningless, because who doesn’t apologize when they are caught red-handed,” said David Clohessy of SNAP, a victim’s advocacy group. “Any sincere apology is accompanied by real change and that isn’t happening in Kansas City.”

But Finn’s latest public apology softened Sally Radmacher. As recently as August she had picketed in front of the downtown Kansas City cathedral over the handling of the Ratigan case.

“Certainly as Catholics we are called to forgive,” she said.
A spokeswoman for the diocese declined to comment and forwarded questions to Gerald Handley, an attorney representing Finn.

“He’s sorry for how he handled it after the fact, after the mismanagement issues — not with respect to his criminal responsibility,” Handley said. “They are two different issues.”

Finn continued last week in his roll as bishop. He celebrated Mass, heard confessions and stopped by a fundraiser. He and other priests in the diocese attended a retreat at Lake of the Ozarks.

STILL UNSETTLED
Fifteen members of Ratigan’s former flock gathered for Mass last week in a small chapel at St. Patrick.

Janet Morris, a lay minister, led the service. She told the group: “Our goal is peace in our hearts, and yet we are very far from that.” She asked them to pray for their leaders who are “striving to bring gospel values into our daily lives.”

But after the service she and others described how they are still unsettled by Ratigan’s case.

“To me it’s like a kid trying to blame someone else,” she said. “Anybody should know to call the police.”

Next door, Julie Hess, the principal who initially reported Ratigan in May 2010, said in an interview that she initially thought he didn’t know the boundaries for working with children.

She said she offered Ratigan a binder of training materials but he declined, saying he was aware of the rules. She stands by how she handled it without knowing about the photographs.

“You don’t call the police to say this guy is creepy,” she said. “We had no reason to suspect abuse.”

Hess and others at St. Patrick are ready for the emotions surrounding the case to clear. Not that it will be forgotten. It’s embarrassing.
Just outside the school office last week, Maia Hamilton, 33, lugged a child seat as a child tugged on her other arm, wanting to be held. Hamilton said she “felt like a fool” when Ratigan’s case became public.

The mother of four said she was blindsided because Ratigan was personable and she liked him.
“You just don’t know what to look for anymore,” she said.

Complete Article HERE!

Las Vegas pastor pleads guilty to stealing $650,000 from church

Parishioners at St. Elizabeth Ann Seton, a Catholic church in Las Vegas, were baffled. Why would their beloved pastor steal from their parish?

But steal, he did. Msgr. Kevin McAuliffe stole from the church mission fund. He stole from the gift shop fund. He even stole from the pot of money for votive candles.

Last week, McAuliffe pleaded guilty to federal charges stemming from the theft of $650,000 from the parish over nearly a decade, the Las Vegas Review-Journal reported. He faces up to 60 years in prison when he’s sentenced in January, although his attorney, Margaret Stanish, said his sentence will likely be much shorter.

As the news spread in recent days, worshipers said the monsignor must have had some type of Robin Hood reason to steal. A pastor at St. Elizabeth’s since 1997, McAuliffe was credited with building it into one of Nevada’s largest Roman Catholic parishes. He wore scuffed boots and drove a banged-up Cadillac, churchgoers told the Review-Journal. There was no way he would have tried to enrich himself.

Maybe he’d funneled the money to the poor, members of his flock said. Maybe their gaunt priest had been sick and needed pricey medical treatment. “I would feel a sense of betrayal if we get the truth that it was taken for bad or personal gain, but I just know that’s not it,” parishioner Aldo Aguirre told the paper.

Within days, however, the monsignor’s attorney publicly revealed McAuliffe’s motive. It surprised just about everyone — though perhaps it shouldn’t have, not in a state where slot machines bleep 24 hours a day in gas stations and grocery stores: McAuliffe was a gambling addict. He blew thousands of dollars on video poker. He has been in treatment for some time.

Churchgoers interviewed by the Review-Journal appeared rattled, but also willing to practice a key tenet of the Catholic faith: forgiveness. “My heart still goes out to him,” said parishioner Gloria Devlin. “It’s said that those who have no sin can cast the first stone.”

Full Article HERE!

Lawyers ask court for ‘continuing supervision’ of diocese

Alleging that the Kansas City-St. Joseph diocese broke a series of legal obligations in its mishandling of sexual misconduct by clergy, a law firm representing abuse victims today filed a formal complaint that could force the diocese to accept third-party supervision of its reporting procedures.

The complaint, filed this afternoon by attorneys Rebeccca Randles and Jeff Anderson, alleges that the diocese broke a 2008 settlement between the diocese and 47 victims of sexual abuse which put in place a series of commitments the diocese had agreed to follow in its sex abuse reporting policies.

Speaking in a phone interview, Randles said her firm decided it had to pursue a formal arbitration process with the diocese over the 2008 agreement to ensure that future cases of misconduct are not mishandled.

The lawyers are asking for “continuing supervision” of how the diocese responds to cases of sexual misconduct, she said, and are “looking for a mechanism to enforce the provisions of the settlement agreement from this day forward, so that there is some form of continuing watch-dogging.”

David Clohessy, the executive director of the Survivors Network of Those Abused by Priests, called the complaint a “historic, crucial step.”
“For decades bishops have made and broken promises about childrens’ safety with no consequences, penalty, punishment, or enforcement,” Clohessy said in a phone interview. “That has been and remains the crux of this ongoing crisis. Someone has to do something to make sure that Catholic officials do what they pledge to do.”

Referring to the fact that the new complaint makes no call for additional monetary payments to the 47 victims for the possible breach of the agreement, Clohessy said the focus on the complaint is prevention of further abuse.

“Throughout the settlement process, the victims stressed that most important of all, they wanted to push for steps for prevention, to ensure that sexual abuse did not happen again,” said Clohessy. “They just want to use whatever small clout the justice system gives them to force reforms.”

Citing from a Sept. 1 diocesan-sponsored report of its handling of cases of sexual misconduct, which found that “diocesan leaders failed to follow their own policies and procedures” for responding to reports of sexual misconduct, the complaint says that report acts as an “admission by defendants” of their breaking the 2008 agreement.

Today’s complaint calls for the circuit court of Jackson County, Mo., where diocesan headquarters are located, to force the diocese to enter into arbitration over the possible violations and to “compel compliance” with the 2008 agreement.
In response to an NCR query, a spokesperson for the Kansas City diocese said in an e-mail that the diocese had provided the victims “a comprehensive accounting of all actions” regarding sexual misconduct and cited a June 20 “Community update” letter outlining 19 steps the diocese has taken since 2008 to ensure compliance with the settlement.

The diocese hired former U.S. attorney Todd Graves to investigate how the diocese handles cases of sexual misconduct as part of Bishop Robert Finn’s response to questions that he had mishandled the case of Fr. Shawn Ratigan, a diocesan priest who was arrested on charges of child pornography in May.

Graves’ Sept. 1 report, which totaled 138-pages, included testimony from Finn and vicar general Msgr. Robert Murphy, and concluded that the diocese’s handling of Ratigan, and other cases of sexual misconduct by clergy, “could have jeopardized the safety of children in diocesan parishes, school, and families.”

The lawyers’ complaint filed today cites 17 examples of conclusions found in the Graves Report that, it says, “establish breaches of the settlement agreement.” The supposed breaches cover a variety of incidents, but many center around the diocese’s response to Ratigan.

Ratigan is in jail on charges filed in Clay County, Mo. A federal grand jury charged him in August with 13 counts of production, attempted production and possession of child pornography.

Media reports have indicated that grand juries in Jackson County, Mo., and Clay County, Mo., are also investigating the matter and have heard testimony from Finn and Murphy.

Among the commitments made by the diocese in the 2008 agreement are vows that the diocese would report sex abuse allegations to law enforcement “at the request of the victim” and that it would follow its own published policies regarding reports of sex abuse. While the original agreement also awarded $10 million between the 47 victims, today’s complaint does not seek additional monetary relief.

Much of the controversy surrounding the diocese’s response to Ratigan centers around how it treated warnings of misconduct by the priest, when it decided to remove him from ministry, and when police were notified of child pornography found on his laptop.

  • Among the examples cited in the complaint to allege the diocese broke the 2008 agreement which reference testimony provided in the Graves Report:
  • The failure of the diocese to “pursue complaints” about Ratigan which were raised by Julie Hess, the principal of the school attached to Raitgan’s parish, in May, 2010, alleging that the priest “fit the profile of a child predator” and spent too much time with students;
  • The failure of the diocese to disclose that nude photographs of children were found on Ratigan’s laptop in Dec., 2010, until May, 2011;
  • That the diocese “took no steps to notify parents and families” at Ratigan’s parish of the questions surround the priest;
  • That the diocese “enabled Fr. Ratigan to have contact with children” when it moved him to a house of Vincentian priests connected to a retreat center run by Franciscan sisters in January, 2011.

The lawyers first called for arbitration with the diocese over the 2008 agreement in June. In an exchange of letters between the firm and diocesan counsel, a lawyer representing the diocese wrote June 20 that the diocese “has complied with and continues to comply with” each of the terms of the agreement.
The complaint says that since that exchange, diocesan lawyers have denied the settlement provides for arbitration and, “unless ordered by the court, defendants will continue to refuse to engage in arbitration over the breaches claimed by the plaintiffs.”

In her email, Rebecca Summers, the diocesan director of communications, pointed to the diocese’s July appointment of an ombudsman to receive reports of claims of sex abuse and a five point plan outlined by Finn in June to show that the diocese is in compliance with the 2008 agreement.

Since that plan, Summers wrote, the diocese has “implemented changes and reforms that guide its response to reports of child sexual abuse.”

Full Article HERE!

Msgr. Lynn got standing ovation at Chaput dinner, say those at event

Msgr. William J. Lynn, the former church official awaiting trial for allegedly protecting sexually abusive priests, drew words of encouragement from Philadelphia’s new archbishop and a standing ovation from scores of priests at a private gathering last month, according to people familiar with the event.

During the invitation-only dinner for Archbishop Charles J. Chaput at a parish hall in Montgomery County, Chaput singled out Lynn in the crowd and noted how difficult the ordeal has been for him, according to one priest who attended and two people briefed by others at the gala.

Much of the audience, which included hundreds of priests, then stood and applauded, said the sources, who asked not to be identified.

The exchange, in a banquet room at St. Helena’s in Blue Bell, spanned just seconds in a talk by Chaput on changes and his vision for the Archdiocese of Philadelphia. But it reflected one of the strongest signals of support for Lynn since his arrest and suspension from ministry in February.

It came as Chaput, who last month took the helm of the 1.5 million-member archdiocese, strives to bond with his new flock and the hundreds of priests who are the face of the church in the region’s towns and parishes.

Told how sources described the event, Donna Farrell, a spokeswoman for the archdiocese, declined this week to discuss what she said was a private gathering for Chaput and the priests. She said Chaput was away at a retreat and would not elaborate on his remarks.

Chaput, who previously headed the Archdiocese of Denver, has spoken only sparingly of the sex-abuse allegations involving the Philadelphia priests, saying he needed time to absorb the facts and issues.

But in an interview with the Associated Press the day before his Sept. 8 installation, Chaput said of the case against Lynn: “It’s really important to me, and I think to all of us, that he be treated fairly and that he not be a scapegoat.”

Jeffrey Lindy, one of Lynn’s defense attorneys, said he was gratified to hear about the ovation for the monsignor. “He’s a real good person,” Lindy said.

Citing a gag order in the case, a spokeswoman for Philadelphia District Attorney Seth Williams said Tuesday that the office had no comment.

Lynn, 60, faces a March trial in Philadelphia, along with two priests, a defrocked priest, and a former Catholic school teacher.

Two of the clerics and the teacher are charged with raping a 10-year-old altar boy at St. Jerome’s, a Northeast Philadelphia parish in the late 1990s. The other priest allegedly molested a 14-year-old boy at his apartment in 1996.

Lynn is not accused of assaulting children, but rather of conspiracy and endangerment for taking steps that enabled the other priests to allegedly molest the boys.

As the secretary for clergy from 1992 until 2004, he recommended where archdiocesan priests are assigned. That included assignments for those who had previously been accused of molesting children. He is believed to be the first church official in the nation charged with covering up clergy sex abuse.

When he announced the charges in February, Williams, the prosecutor, said Lynn “went out of his way to put known abusers into contact with adolescents.”

Lindy and Thomas Bergstrom, Lynn’s attorneys, have called the allegations untrue, unfair, and the product of overzealous prosecutors.

The archdiocese is paying their fees.

After Lynn’s arrest, some parishioners at St. Joseph’s in Downingtown, where he has been pastor since 2002, praised his work there. And several priests have attended his pretrial hearings, flanking him outside the courtroom.

The criminal charges accompanied a grand jury report that accused the archdiocese of failing in its efforts to root out abusive priests and help victims.

Responding to that report, Chaput’s predecessor, Cardinal Justin Rigali, placed two dozen other priests on administrative leave while the archdiocese reexamines old allegations that they sexually abused or acted inappropriately around children. Those reviews are pending.

Like Lynn, the suspended priests are barred from publicly celebrating Mass, ministering as a priest, or returning to their parishes. But Lynn and many of the others on leave were invited to the dinner for Chaput in the week after his Sept. 8 installation. Some but not all the suspended priests attended, the sources said.

The arrests and suspensions rocked the archdiocese and strained the relationship between the administration and some parish priests.

In July, scores of area priests formed an independent group, the Association of Philadelphia Priests, to unite their interests and serve as an advocate for priests’ rights and church reform. The leaders of the group met privately with Chaput last month and found him to be “open, supportive, and encouraging,” according to a note posted on their website.

In his remarks to the Associated Press about Lynn, Chaput also said it was important that “those that are conducting the trial treat him fairly, and that they don’t pore into his life responsibility for things he didn’t do.”

Last month, Lynn’s attorneys asked Common Pleas Court Judge M. Teresa Sarmina to dismiss the charges, move the trial out of the region, or at least lift her gag order, which bars the defendants and attorneys from publicly commenting on the case.

In their motions, Bergstrom and Lindy complained that court filings by prosecutors had “created a one-sided, and, in certain cases, a distorted view” of Lynn and grand jury testimony he gave seven years ago about his handling of abuse accusations.

Sarmina could rule on those motions Friday, when all sides are due in her courtroom for a status hearing.

Also pending is a request by prosecutors to question Rigali’s predecessor, Cardinal Anthony J. Bevilacqua, in open court. His attorney has argued that the 88-year-old cardinal, suffering from dementia and cancer, is unfit to testify.

Sarmina postponed a hearing on the matter last month.

Full Article HERE!