Category: Legal Shenanigans

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Diocese seeks relief from clergy sex abuse verdict

The Catholic Diocese of Green Bay says its First Amendment rights protect it from liability in a civil lawsuit filed by two childhood victims of clergy sex abuse.

Brothers Todd and Troy Merryfield were awarded $700,000 in May by an Outagamie County Court that found the diocese committed civil fraud. The brothers claimed the diocese knew of the Rev. John Feeney’s illicit sexual history when it installed him as a priest at Freedom’s St. Nicholas Church and misrepresented him as safe while knowing he was a danger to children.

The Merryfields, then 12 and 14, were molested by Feeney in 1978. Feeney was sentenced to prison in 2004 for the assaults.

Sarah Fry Bruch, an attorney for the diocese, said the jury verdict should be overturned, arguing the court is constitutionally barred from reading any meaning into Feeney’s assignment to a pastoral role. The Merryfields didn’t show evidence the diocese represented Feeney as safe.

“Nor could they, as the assignment of a priest is a canonical act which the civil courts may not evaluate or explain,” she wrote. The First Amendment gives broad latitude to religious organizations in the conduct of their internal affairs.

Judge Nancy Krueger will hold a hearing Tuesday on motions filed by the diocese that seek a new trial, dismissal of the case, or overturning the jury’s findings.

John Peterson, an attorney for the Merryfields, disagreed in a written response, arguing the Merryfields’ claims against the church were secular. The diocese’s representation of Feeney as safe, by virtue of his unsupervised access to children, “has nothing to do with the Catholic Church’s religious beliefs.”

Granting the diocese immunity from Wisconsin law by finding in its favor “would raise grave Establishment Clause issues by actually advancing religion,” he wrote.

The Establishment Clause of the First Amendment prohibits the government from establishing a national religion or giving preference to one over another.

The First Amendment argument was one of several made by the diocese in a 40-page document asking for relief from the court.

One motion asks for a new trial, claiming bias on the part of a juror.

Another requests a dismissal, claiming the Merryfields unreasonably delayed filing the lawsuit and hamstrung the diocese’s ability to mount a defense. Several key witnesses died before the case reached trial.

The diocese also wants Krueger to rule the verdict excessive and change jury findings on the verdict form it returned.

Jurors awarded $475,000 to Troy Merryfield and $225,000 to Todd Merryfield. The brothers decided to not seek punitive damages after the diocese was found liable, saying the case was about revealing the truth, not money.

“A jury may have sympathy for the plaintiffs, but that alone cannot support a damage award,” Bruch wrote in arguing that evidence wasn’t sufficient.

Claims of juror bias arose after a member of the panel contacted the court about comments made by a fellow juror at the end of the case.

The juror mentioned to peers that a family member had attended St. Therese School in Appleton during the period Feeney was assigned to the church, and wondered aloud about the family member’s experiences with Feeney.

In addition, the juror was a friend of a cousin of the Merryfields’ mother, the diocese argues.

“One can only conclude that the juror purposefully kept back what she knew to get on the jury,” Bruch wrote.

Peterson said the juror’s recollections didn’t materialize until after the trial was under way, and she indicated so during an interview after concerns came forth.

The juror “did not exhibit any bias and stated that she could be fair and impartial,” he wrote.

Complete Article HERE!

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Exit, Don’t Enable the Roman Catholic Church

By Wayne Besen

If there is one thing that irks me, it is having the Roman Catholic Church preach to me about sexual morality. It is a religious sect led by a virulently homophobic Pope that goes out of its way to trash my family. Yet, my family hasn’t spent a cent defending itself against nonexistent charges of child rape, while the Vatican has spent $2.5 billion on legal fees, prevention programs, and settlements relating to the sexual abuse of minors.

Exactly why should I listen to what these “holy” men have to say? I’ve been out of the closet for twenty-four years, during which time I worked in the center of the LGBT movement, but can’t think of a single friend or colleague arrested for child molestation. None of the people I associate with have shielded, shuffled, or offered severance packages to pedophiles to protect the institutions that they work for. But such obscene behavior is precisely what the Vatican did, all the while turning my loved ones into scapegoats to obscure their criminality.

The latest preoccupation of the Catholic Church, as well as their brethren in the ultra-Orthodox Jewish Community, is fiercely lobbying state legislatures to not change the statute of limitations for child sexual abuse cases.

“Even when you have the institution admitting they knew about the abuse, the perpetrator admitting that he did it, and corroborating evidence, if the statute of limitations has expired, there won’t be any justice,” Marci Hamilton, a professor at the Benjamin N. Cordozo School of Law at Yeshiva University, explained to the New York Times.

It seems the hierarchy is only interested in saving its own skin, instead of paying a price for those whose skin it violated. For a church built on a human sacrifice, there is scant evidence of noble virtues as the church lies and litigates against its victims.

Which brings us to a burning question: Why do liberal Catholics continue to support an intolerant, homophobic, misogynistic institution capable of covering up heinous crimes against children?

I’m not the only one asking this pertinent question. On June 1, the Freedom From Religion Foundation placed a full-page ad in USA Today headlined, “It’s Time to Quit The Catholic Church.”

According to the ad: “If you think you can change the church from within – get it to lighten up on birth control, gay rights, marriage equality, embryonic stem-cell research – you’re deluding yourself. By remaining a ‘good Catholic,’ you are doing ‘bad’ to women’s rights. You are an enabler. And it’s got to stop.”

New York Times columnist Bill Keller also urged moderate Catholics to find a new church: “Much as I wish I could encourage the discontented, the Catholics of open minds and open hearts, to stay put and fight the good fight, this is a lost cause…Summon your fortitude, and just go. If you are not getting the spiritual sustenance you need, if you are uneasy being part of an institution out of step with your conscience — then go.”

It does seem as if diehard liberal and moderate Catholics are not fighting so much as being beaten to a pulp by ideologues. If this were a boxing match, it would have been stopped many rounds ago. Indeed, attacks from the right have become so extreme that the Church is even going after American nuns. If nuns aren’t Catholic enough for these fanatics, liberal Catholics sure aren’t going to be embraced any time soon.

This whole debate reminds me of when gay people from conservative backgrounds complain to me that they can’t come out because of the environment in which they were raised. One says, “I grew up in a traditional Chinese household, so I can’t tell my parents.” While another person says, “I grew up in a Pentecostal family, so I can’t tell anyone.” And yet another proclaims, “You wouldn’t understand, it’s not that easy coming out because my parents are from a rural area.”

Everybody has an excuse or explanation, and, no, it’s never easy to come out – but at the same time, it really is a simple process. Saying “I’m gay” works like a charm every time and frees a person to be their authentic self.

Similarly, it may be incredibly difficult to leave the Catholic Church. But, it is also as easy as going to a computer search engine and typing “church” or speaking into your iPhone, “Siri, find me a church.” Within moments dozens of alternatives will pop up – many of which are more concerned with spirituality than the statute of limitations.

Are you tired of being treated like an abused dog by the Catholic Church? Then drop the dogma and quit. After all, they quit you, your family, and your moderate belief system a long time ago. Exit, don’t enable.

Complete Article HERE!

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Vatican report attempts mere excuse not explanation

COMMENTARY

RITE & REASON: THE REPORT on the apostolic visitation reflects an exercise in irrelevancy. The visitors listened but did they hear? The report includes the standard apologies, blame for the bishops and religious superiors, and praise for all the church has done in digging into the clerical culture to determine why the horrendous epidemic occurred.

But in reality, they looked for excuses rather than explanations. This “crisis” is not primarily about sexual molestation. It’s about the obsession with power and the corruption and stagnation of the clerical culture.

The visitors were not about to pierce the protective veil that covers the institutional church, a veil that hides the reason the clericalised church is unravelling and the communion between bishops and people is ruptured. The total lack of accountability by the authoritarian model of the church is the root of the crisis.

The Irish people didn’t deserve the insulting claim that the “shortcomings of the past” caused an inadequate understanding of the “terrible phenomenon of the abuse of minors”. The people named the causes head on: the secretive clerical culture, the lopsided theology of sexuality, seminary training disconnected from reality and the “church’s” obsession with control.

These are not the shortcomings of the past. They are the deadly symptoms of the present. A typical Vatican response to a complex problem it can’t understand is imposing structures that change the surface appearance while the core continues to deteriorate. It’s like trying to solve a hardware problem with a software solution.

The outrageous assertion that the bishops and religious superiors gave “much” spiritual and psychological help to victims is followed by a recommendation that they meet with and listen to victims. That this has to be recommended is a pathetic indictment of their lack of pastoral care. If the leadership’s first concern had been the victims and not the church’s image and power, the course of recent Catholic history in Ireland would have been dramatically different.

The visitation of the seminaries avoided the real issue: can priests be prepared to serve in the real world after years of formation in an unreal world? The superficial recommendations try to recapture a seminary culture that inculcated the toxic belief that priests are apart from others because of their exalted “calling”. Survivors know too well this attitude is a major part of the problem.

The second half of the report tells the real story. The agenda is not that of the victims. The true goal is rescuing the Irish clerical institution from its descent into irrelevance by imposing a return to the model of church as monarchy. The “renewed call to communion” is a thinly covered call to docile, unthinking submission.

Catholics in Ireland are walking away not because they need a “deeper formation in the content of the faith” but because they no longer equate faith in God with childish obedience to a clerical establishment that feeds on control.

The younger generation needs the new ecclesial movements as much as a duck hunter needs an accordion. These are nothing more than agents for the return to a model of church dominated by clerical control where intellectual creativity and theological self-determination are anathema.

The abominable legacy of abuse in the Irish church has nothing to do with orthodoxy and fidelity to the pope. It has everything to do with a destructive clerical culture that sacrificed the innocence of children for the distorted image and power of the hierarchy.

The visitors could not delve into the core issue because to do so would have meant recognition of the dark side of the institutional church. The solutions offered – obedience to the hierarchy and lock-step assent to doctrine – are irrelevant and an insult to the victims whose lives were shattered because of this very model of church.

The words and actions of Archbishop Diarmuid Martin – and Taoiseach Enda Kenny’s laser-sharp assessment of the Vatican culture in his speech to the Dáil last July – are proof the real church in Ireland has accurately assessed the situation. The Vatican could have made unprecedented progress in restoring the church’s image by listening and learning.

Complete Article HERE!

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Memo: Philly parish misled about pastor’s leave

Prosecutors read dozens of confidential church documents aloud in court Tuesday to try to prove the Philadelphia archdiocese routinely buried complaints that priests were molesting children.

Monsignor William Lynn is the first Roman Catholic official in the U.S. charged with endangering children by keeping accused priests in parish work.

The letters and memos read in court Tuesday centered on now-defrocked priest Edward Avery. Avery, known as the Smiling Padre, adopted six Hmong children and moonlighted as a disc jockey at parties and nightclubs throughout his three-decade church career.

According to the documents, a medical student told the archdiocese in 1992 that Avery had molested him after a DJ gig when the priest and the high school freshman were drinking heavily at a West Philadelphia nightclub. It happened again at age 19 when the two shared a motel bed on a ski trip to Vermont with Avery’s brother, he said.

Avery denied the allegations to Lynn, but then said they “could” have happened. A four-day evaluation at a church-owned hospital showed he may be bipolar and have alcohol and psycho-sexual problems. Avery was admitted to St. John Vianney in Downingtown for nearly a year of sex therapy and mental health treatment.

Avery’s parishioners were told that their outgoing, energetic pastor was on a “health leave” but heard no mention of the abuse allegation. Lynn’s lawyer said the documents show that Cardinal Anthony Bevilacqua gave those orders.

St. John Vianney never diagnosed Avery as a pedophile but said he should not be around adolescents or work as a DJ.

Lynn next recommended that Avery go to a Philadelphia parish with a tough pastor, although that parish had a school attached. Bevilacqua instead sent Avery to work as a hospital chaplain, with residency at St. Jerome’s Parish. The northeast Philadelphia parish was home to many of the city’s police and firefighters and had an elementary school.

Avery, 69, admitted last week that he sexually assaulted a fifth-grader there in 1999, forcing the altar boy to strip naked after Mass in the church sacristy. Instead of going on trial with Lynn, Avery pleaded guilty to sexual abuse and conspiracy and will serve 2 1/2 to five years in prison.

The Rev. James Brennan, another co-defendant, is fighting charges that he tried to rape a 14-year-old boy in 1999.

Lynn also chose to go to trial, insisting that he tried to address the long-brewing sexual-abuse problem when he served as secretary for clergy from 1992 to 2004. Bevilacqua and other superiors quashed his efforts, defense lawyer Thomas Bergstrom argued Monday in opening statements.

The jury on Tuesday saw a 1994 list Lynn prepared that named 35 accused priests still on duty in the five-county archdiocese. Avery was on it and deemed “guilty” of the abuse. The list also shows whether the archdiocese could still be sued over each allegation.

Bevilacqua ordered that the list be shredded, although a copy survived, according to Bergstrom. Bevilacqua died of heart disease on Jan. 31, a day after he was ruled competent to testify at Lynn’s trial. He also had prostate cancer and dementia.

In 2002, a decade after the medical student came forward, his mother wrote to the archdiocese after seeing Avery at a party. He was still a priest and still working as a DJ.

“As a pediatric nurse, I must wonder who else was molested,” she wrote. “If he is anywhere near children, you have a problem.”

That year, the church sex abuse scandal erupted in Boston. Dioceses around the country agreed to review complaints in their files. In Philadelphia, those complaints were kept in secret archives in a locked room at the archdiocese. More than 60 priests had been accused since 1948. Many were still working around children.

A review board found the medical student’s complaint against the Smiling Padre credible, according to the documents shown in court. The archdiocese asked the Vatican to defrock Avery in 1993, saying he “has admitted an act of sexual abuse against a minor.” In 1995, the Vatican issued a decree in Latin, ending Avery’s 33-year church career.

The St. Jerome’s victim called the archdiocese in 2009. He said he had been raped by Avery, another priest and his sixth-grade teacher at St. Jerome’s. Defense lawyers question his credibility, given his long history of drug abuse and petty crime.

Avery reports to prison Monday.

Complete Article HERE!

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Vatican ruled by ‘omerta’ code of silence, whistle-blower claims

The Vatican is ruled by a climate of fear and an ‘omerta’ code of silence, a whistle-blower has claimed.

The mole claims to be one of more than 20 people within the Holy See who have leaked sensitive documents to the Italian media in the last few weeks, in an affair that has been compared to the WikiLeaks scandal and dubbed “Vati-leaks”.

The unidentified man, who said he had worked in the Vatican for more than 20 years, made the claims in an interview to be aired on Italian television on Wednesday night.

His face was hidden and his voice digitally distorted when he appeared on the TV channel, La7.

According to extracts of the interview, the whistle-blower said the Vatican was engulfed in intrigue, secrecy and a climate of intimidation.
“Maybe there is a kind of omerta to prevent the truth from surfacing. Not because of a power struggle but maybe because of fear,” he added.

He claimed to have worked in the State Secretariat, which is led by the powerful but unpopular Secretary of State, Tarcisio Bertone, who is reported to have fallen out of favour with the Pope and his supporters.

The whistle-blower said the Vatican is a place where “you can commit a murder and then disappear into the void” – a reference to a murky scandal in the Swiss Guard in 1998, when a young soldier shot dead the corps’ commander and wife before apparently committing suicide.

The mother of Cedric Tornay, 23, the alleged assassin, has never accepted that her son would have committed suicide and has called on Pope Benedict XVI, 84, to reopen the case, amid speculation that the real killer of the three may never have been caught.

There have been long-standing accusations of an official cover-up by the Roman Catholic Church, with numerous conspiracy theories put forward for a possible motive.

The leaks have embarrassed the Vatican in recent weeks, with claims of corruption and nepotism, questions over the transparency of the Vatican bank and unconfirmed reports of an assassination plot against the Pope within the next 12 months.

The whistle-blower dismissed suggestions that documents were being leaked in exchange for money.

“Something like that is inconceivable for me. That would mean betraying what we believe in,” he said.

He urged the Vatican to reinvestigate “with zeal” one of its most enduring mysteries – the kidnap of teenager Emanuela Orlandi nearly 30 years ago.
Over the years it has been claimed that Miss Orlandi was kidnapped so that she could be used as a bargaining chip for the release from prison of Mehmet Ali Agca, the Turkish gunman who tried to kill John Paul II in St Peter’s Square in 1981.

Another theory is that the girl’s father, a Vatican employee, had stumbled on documents that connected the Vatican bank with a criminal gang in Rome and that she was kidnapped in a bid to silence him.

It has even been suggested that the kidnapping was carried out on the orders of a Catholic archbishop, Paul Marcinkus, the disgraced head of the Vatican bank, known as the ‘Istituto per le Opere di Religione’. Marcinkus, an American, died six years ago.

Complete Article HERE!

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Monsignor: Philly cardinal shredded abuse list

A Roman Catholic church official facing trial in a priest child abuse scandal created a list of problem priests in 1994, but Cardinal Anthony Bevilacqua had it destroyed, according to a defense memo filed Friday.

Monsignor William Lynn, who’s accused of keeping predator priests in ministry and transferring them from parish to parish, wants his child endangerment case dismissed because of new evidence turned over by the Archdiocese of Philadelphia, including his list of 35 accused priests.

Lynn took it upon himself to review secret church files after becoming secretary for clergy in 1992, and he later gave a list of accused, still-active priests to his superior, Monsignor James E. Molloy.

Bevilacqua had Molloy shred four copies of the list, according to a memo signed by Molloy and a witness. But Molloy kept a copy in a locked safe at the archdiocese, where it was found in 2006, after Lynn had moved on, according to his motion.

“It is clear from the Molloy memo, and (its) belated production, that Monsignor Lynn has been `hung out to dry,’” the defense motion says.

Lynn, who is charged with conspiracy and child endangerment, maintains his innocence. He has long argued that he took orders from Bevilacqua and is being made a scapegoat for the church’s sex abuse scandal.

Prosecutors themselves blasted Bevilacqua in two grand jury reports but never charged him with a crime. They have called the archdiocese and others “unindicted co-conspirators.”

Bevilacqua appeared before the first grand jury 10 times in 2003 and 2004 and denied any attempt to obstruct the investigation, according to Lynn’s motion. He died last month at age 88.

Molloy also denied destroying any documents from the secret archives, according to an excerpt of his grand jury testimony. He also is dead.

Late last year, Bevilacqua, who was suffering from dementia and cancer, gave a videotaped deposition that can be used at trial, but the value of his testimony remains unclear. Lynn’s lawyers have fought to have it excluded, based in part on Bevilacqua’s dementia. They renewed that request Friday, saying they never had a chance to ask Bevilacqua if he had Lynn’s list destroyed.

Lynn is the first U.S. church official charged for his administrative action. Jury selection is under way, with testimony scheduled to start March 26. A priest and an ex-priest charged with rape are on trial with him, and they also maintain their innocence.

A gag order prevents prosecutors or the archdiocese, which serves 1.5 million Roman Catholics, from commenting on Lynn’s allegations. Lynn, 61, would faces up to 28 years in prison if convicted on all counts against him.

Complete Article HERE!

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Lawyers press for more SNAP documents, testimony

Attorneys who deposed the director of the Survivors Network of those Abused by Priests (SNAP) in January are requesting he be compelled to give more testimony and allege that the group is not covered by confidentiality protections afforded to rape crisis centers, court filings reveal.

The documents, dated Feb. 10 but obtained by NCR on Wednesday, relate to a Kansas City, Mo., court case that made headlines in December when it became the first where lawyers sought the deposition of a SNAP leader and requested that the organization hand over 23 years of internal records, correspondence and email.

Speaking to NCR, David Clohessy, the group’s director and subject of the Jan. 2 deposition, said the continuing legal battle over the case has left the group “basically broke” and “without enough money for the next payroll.”

Clohessy, who said after his deposition that he had refused to answer many of the lawyers’ questions and to submit many of the requested documents, also said the financial struggles led him to release his lawyer. He said he is currently representing himself in the case while he searches for a lawyer willing to serve pro bono.

The Feb. 10 motion, filed in the case of Kansas City diocesan priest Fr. Michael Tierney, requests that Jackson County, Mo., Circuit Court Judge Ann Mesle compel Clohessy to answer the questions he refused to answer in the deposition and provide the documents he withheld.

Mesle’s ruling in the case could have wider significance, as SNAP has also been subpoenaed to provide similar testimony and documents in a case involving allegations of sexual misconduct against a priest in the St. Louis archdiocese.

Clohessy and Barbara Dorris, SNAP’s outreach director, received subpoenas in January requesting their deposition in that case. Depositions were originally set for Wednesday but have since been postponed.

While some of the information contained in the suggestions made by Tierney’s lawyers in connection with the Feb. 10 motion has already been reported, the 34-page filing also seems to reveal key parts of the lawyers’ strategy, giving reasons why they believe Clohessy should be forced to answer their questions.

The motion also represents the first time information about the testimony has officially been made public. While court filings indicate that Mesle ordered parts of the proceeding’s transcript to be unsealed in late January, a clerk with the Jackson County courthouse said it had not yet been released because it is still under review by attorneys in the caseWhile Mesle had ordered Clohessy to turn over eight categories of documents from SNAP’s files during the deposition, the motion alleges the SNAP leader did not submit documents in six of the eight categories requested and only submitted a portion of those requested in the seventh and eighth.

The motion gives eight categories of arguments for why Clohessy should be compelled to answer more questions in the case. The motion devotes 16 pages to refuting SNAP’s arguments that it has confidentiality protections afforded by Missouri law for rape crisis centers.

Among nine separately developed points in that regard, the motion alleges that Clohessy’s answers to some of the questions in the deposition “demonstrate that SNAP is not an RCC [rape crisis center],” and proceeds to list 20 separate reasons from his testimony that the group such not be considered such an organization.

Included in those reasons is the fact that SNAP has “never advertised itself” as such a center, that Clohessy does not have any formal training or education in rape crisis counseling, that SNAP does not employ any licensed counselors in Missouri, and that the group’s tax returns for 2006-10 did not make reference to it being a rape crisis center.

Additionally, the motion alleges that public information demonstrates that SNAP is not such a center — specifically the fact that the group “does not appear” to be in partnership with the National Sexual Assault Hotline and that it was not found in the Yellow Pages under listings of rape crisis centers.

Among other reasons the motion gives for arguing that SNAP is not covered by Missouri’s protections for rape crisis centers is the fact that Clohessy allegedly said in the deposition that the group would not release confidential information about survivors even if they sign a waiver allowing him to.

Rebecca Randles, the attorney representing the plaintiff in the abuse case, said in a phone interview Thursday that she thought the motion’s arguments that SNAP could not qualify as a rape crisis center were not “very weighty.”

Referring to one of the arguments the motion makes against SNAP’s qualifications to fit into that definition because Clohessy works out of his home, Randles said the determination for protections under Missouri law come from the substance of what an organization does, not where it is located.

“You have to look at the substance,” Randles said. “The whole question really is: Do people go there because they’re in crisis from sexual assault? And the answer is absolutely, yes they do.”

“The vast bulk of what they do is support victims of rape and assault, so they have to be a rape crisis center,” she said.

Following news of the subpoena requesting Clohessy’s deposition in December, 10 victims’ advocacy groups filed an amicus brief on behalf of SNAP to Missouri’s Supreme Court, writing that Clohessy’s testimony would amount to a “violation of the anonymity and confidentiality” of SNAP members and volunteers and is “plainly unconstitutional.”

Included in that group of organizations were the Foundation to Abolish Child Sex Abuse, the KidSafe Foundation and The National Child Protection Training Center.

Beyond claiming that SNAP should not be considered a rape crisis center under Missouri law, the motion also alleges that were the group to be considered such a center, its conversations with some survivors would not be covered by confidentiality privileges.

Noting that lawsuits filed on behalf of abuse victims regularly include language about how victims have suffered some sort of mental injury from their abuse, the motion alleges that SNAP is “not entitled to the protection of a privilege due to the alleged victims placing their emotional state and mental conditions at issue.”

Specifically, the motion alleges that because several victims in the Kansas City cases claim their memories returned to them years after the abuse, the fact that Clohessy would not discuss the matter indicates they are “trying to shield the very information that would lead a jury to understand that person’s medical history.”

“The matter before this Court involves repressed memory, physical, emotional, and mental injuries,” reads the motion. “The Plantiffs have placed their physical, emotional, and mental conditions at issue, and, therefore, the information possessed by SNAP on these issues is clearly relevant, and any privileges, if any, have been waived.”

Among the additional information the motion confirms about Clohessy’s testimony is that lawyers representing five other Kansas City-area priests accused of abuse listed “cross-notice” for his deposition, allowing them to be present and ask questions.

The motion requests that each of those attorneys also receive copies of the requested SNAP documents.

Mesle had ordered Clohessy to submit documents and correspondence, including emails, from SNAP’s files referring to Tierney or the Kansas City-St. Joseph diocese. Among other categories, Clohessy was also ordered to submit all documents containing references to either Tierney or the diocese from correspondence with the press and the public.

The motion alleges that Clohessy refused to turn over any documents referring to Tierney, and also alleges that he did not turn over requested records of his correspondence with Randles.

The motion also requests that “reasonable attorney fees” be awarded to Tierney’s lawyers for “expenses incurred to obtain” such a court order.

The motion suggests that a “special master,” a legal term for someone authorized to supervise the following of a court order, be appointed in the case to determine “what questions would be proper” to ask of Clohessy and to be present during any additional deposition in order “to make appropriate rulings.”

A hearing on the motion has been set for April 20. Brian Madden, one of the lawyers representing Tierney, said he could not comment on the matter because of a gag order in the case.

For his part, Clohessy said he was still considering what formal reply he might submit to the motion and said he was not sure what the next steps are for SNAP.

Part of the reason for the group’s financial struggles, he said, is that they “never had any inkling that church lawyers would come after us so fast and furiously and never budgeted for it.”

Asked what would happen if Mesle were to order him to answer questions he refused to in the deposition or to submit documents he claims are confidential, he said he would “cross that bridge when we get to it.”

“It’s just hard to imagine that we’ll be forced to violate the privacy of people who have come to us for help, especially people who are so deeply wounded.”

Complete Article HERE!

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200 priests suspected of abuse living in California, victims’ lawyer says

Some 200 Catholic priests suspected of sexual abuse are living undetected in communities across California, according to an attorney who represents hundreds of plaintiffs who sued the LA Archdiocese alleging molestation they say was inflicted on them by priests and clergy of the church.

Ray Boucher has mapped 60 locations where suspect priests live, in cities and towns from northern to southern California, and provided those locations to NBC4 exclusively.

“Many if not all these priests have admitted to sexual abuse,” Boucher said. “They live within a mile of 1,500 playgrounds, schools and daycare centers.”

Since none of the priests has actually been convicted of sex abuse, none can be identified under Megan’s Law, or their whereabouts revealed in related public databases.

“What the issue is here, is how you weigh the right of the people,” said Boucher, who is also one of the attorneys representing students in the Miramonte Elementary School sex abuse scandal. “In particular the right of children to be protected from molestation versus the right of privacy.”

‘Public is often too squeamish’
Among Boucher’s many clients in the church action are Manuel Vega and Dan Smith.

Vega is a former police officer from Oxnard who took special interest in sex crimes investigations because, he says, he was sexually abused as a teenager by his parish priest.

“He forced me to masturbate while he took pictures of me,” said Vega, who believes that the public is often too squeamish to recognize what child molestation actually entails – and thus not properly outraged by it.

“When we talk about sexual abuse we’re talking about sodomy,” he said. “There’s pubic hair, there’s sweat, there’re smells, there’re grunts.”
Dan Smith, another alleged abuse victim, is reeling from the recent collapse of his marriage which he blames in part on the psychological effects of the molestation he says he suffered as a child – at the hands of his local parish priest.

“He would rape me and then say this is what God’s love feels like,” Smith said, struggling to hold back tears more than twenty years after the alleged incidents.

Both men helped make legal history by joining 500 other plaintiffs in suing the LA Archdiocese for sexual molestation, with Boucher as their lead attorney.

In 2007 the LA Archdiocese reached an unprecedented $660 million settlement with many of the plaintiffs without admitting any wrong-doing.
It also agreed to let the courts decide which of the case-related church files should be made public, including those identifying alleged and admitted predators.

But according to Boucher and court documents, the Catholic Church has since engaged in a cover-up. By Boucher’s account, church officials allowed priests suspected of sexually abusing children to retire, flee the country or hide in rehab clinics until the statute of limitations on prosecution ran out.

“What the church did is take these guys and send them off to facilities where they treat pedophile priests without ever alerting police,” Boucher said. “By enabling these priests to be hidden for so many years the church protected them from being prosecuted.”

Priests’ attorney: ‘That’s not fair’
Meanwhile legal disputes delayed the release of the promised personnel files, and Donald Steir, an attorney for several priests, went to court to argue that those who’ve been accused but not convicted should have their names and privacy protected.

“They are being punished as if they have been convicted, or at least that’s the desire – to punish them,” Steir said. “That’s not fair.”
“It’s difficult if you represent an alleged terrorist or a pedophile, because people don’t really care about the rights [including privacy rights] for these type of people,” Steir said. “But once we erode the rights of a group of people we don’t like, we effectively have started down a path where other people’s rights can be similarly denied.”

The courts, expressing concern for children, overruled most of these arguments and similar ones by the Archdiocese, which declined to comment for this story.

And a judge has ordered release of some personnel files, set for some time in the coming weeks. But he also credited the church for its increased sensitivity in dealing with molestation cases and decided to withhold the names of church officials who handled the earlier cases.

It is a ruling that reminds Boucher of the breakdown in accountability in the Penn state pedophile scandal.

“Look at Penn State and see how important and significant it is when people in authority enable sexual abusers to continue,” Boucher said. “That underscores how significant it is to get these names out.”

Under the judge’s ruling the church can also keep secret, subject to further court review, the names of priests who have not been convicted and who have only one or two allegations against them or have allegations disputed by the church.

To Smith that seems like a formula for further cover-up by church officials.

“If their interests were to protect the kids, they would have released the documents,” Smith said. “As a parent not knowing who your neighbor is — that is really scary.”

Many of these unidentified priests are included in Boucher’s location map.
“The danger,” said Vega, “is that you have a person who has this sickness in them who is amongst the children.”

The plaintiffs in the church scandal are planning to appeal the latest rulings to assure broader disclosure of suspects’ names and locations. But Boucher warned this could take time, allowing suspects to keep their privacy protected, as well as their undetected presence in neighborhoods across California.

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Philly Judge Again Finds Church Cardinal Competent

A retired Roman Catholic cardinal with dementia is competent and his recent deposition testimony can be used at an upcoming priest abuse trial, a judge ruled Monday.

A church official charged with child endangerment and accused of keeping pedophiles in ministry argues that Cardinal Anthony Bevilacqua can no longer recognize him, even though he served the cardinal for more than a decade.

Monsignor William Lynn, 61, is the first U.S. church official ever charged in the priest abuse crisis over accusations of administrative failings.

Prosecutors argue that Lynn and the archdiocese fed predators a steady stream of young victims for decades rather than expose the church to scandal — and costly lawsuits. Lynn served as secretary of clergy for the Archdiocese of Philadelphia from 1992 to 2004. He faces up to 28 years in prison if convicted on all counts.

His lawyers hint that he won’t go down alone. They stress that Lynn took his marching orders from Bevilacqua, who was never charged despite two grand jury reports that blasted both the cardinal’s leadership and his 10 grand jury appearances.

They say prosecutors are trying to make Lynn the scapegoat for the dozens of Philadelphia priests credibly accused of abusing children.

Prosecutors, though, say Lynn was among the select few who had access to sex abuse complaints kept in “secret archives” at the archdiocese.

No one was charged after the first grand jury report in 2005 because of legal time limits.

The second report last year recommended charging Lynn with child endangerment; prosecutors later added conspiracy charges as well. In court last week, they called the archdiocese “an unindicted co-conspirator.”

Lynn is set to go on trial in March with two co-defendants, a priest and a defrocked priest who are each charged with sexually assaulting a single boy, based on complaints filed under newly expanded time limits in Pennsylvania. Lynn’s defense lawyers want to limit the trial to his handling of those two men alone.

Prosecutors hope to tell jurors how Lynn and other church officials handled the careers of 27 other priests “credibly accused,” to show a pattern of behavior.

The judge heard details of those allegations, which range from “grooming” to fondling to rape, for several days last week. She pledged to rule by Monday.

“It’s very, very difficult, and maybe impossible, for us to defend 27 or 28 cases, which involve disparate elements and occurred 20, 30, 40 years ago,” Thomas Bergstrom, a lawyer for Lynn, argued Monday.

Assistant District Attorney Patrick Blessington debated the point.

“This case is not impossible, it’s (just) unprecedented,” he said.

Defense lawyers may call Bevilacqua to court if prosecutors seek to use his recent testimony. Bevilacqua was deposed in late November, to preserve his sworn statements in case he is unavailable during the monthslong trial. The retired cardinal suffers from both dementia and an undisclosed form of cancer, church lawyers have said.

Lynn’s co-defendants are former priest Edward Avery, 69, and the Rev. James Brennan, 48.

Brennan’s lawyer also wants to keep out the uncharged priest abuse allegations, lest his client get “swept up” by the tide.

“If that comes in, the danger we confront is whether my client, a Catholic priest, is going to be swept up in a perception that the Catholic Church, that the archdiocese, has a big problem, and he’s one of them, so he must be guilty,” said lawyer William Brennan, who isn’t related to his client.

Jury selection is scheduled for Feb. 21. The trial is scheduled to start on March 26.

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Lawyer: Church official threw monsignor ‘under the bus’ amid child sex accusations in Philly

An indicted Catholic church official is showing signs he won’t take the fall alone for the priest abuse scandal in Philadelphia, with his lawyer saying Wednesday that a successor threw him “under the bus.”

Monsignor William Lynn, 61, is the only official from the Archdiocese of Philadelphia facing trial for allegedly failing to remove accused predators from the priesthood. He served as secretary of clergy from 1992 to 2004.

Defense lawyers argue that Lynn took orders from then-Cardinal Anthony Bevilacqua and other superiors in the church hierarchy.

Prosecutors hope to include dozens of old abuse allegations to show a pattern of conduct at the trial, which is scheduled to start in late March and last several months.

One such case involves a West Chester University chaplain accused in 1994 of taking pictures of students in their underwear.

He next became chaplain of Children’s Hospital of Philadelphia, worked with a parish youth group and later admitted taking boys on overnight trips, one to Jamaica, before retiring to the New Jersey shore, prosecutors said.

When a New Jersey diocese asked the Philadelphia archdiocese about the priest, Monsignor Timothy Senior allegedly wrote in a letter that Lynn, his predecessor, did not fully investigate complaints against the priest.

“Maybe that’s an answer to why Monsignor Senior is not here (as a defendant). He obviously doesn’t mind throwing Monsignor Lynn under the bus,” defense lawyer Jeffrey Lindy argued.

Prosecutors call the archdiocese “an unindicted co-conspirator” in the case. A 2005 grand jury report blasted Bevilacqua and his successor, Cardinal Justin Rigali, for their handling of abuse complaints, but they were never charged. Bevilacqua is now 88 and in failing health.

A judge will hear more arguments Monday on whether 27 of the 63 priests described in that grand jury report can be referenced at Lynn’s trial. Prosecutors want to show that Lynn kept them on the job despite knowing of complaints stored in “secret archives” at the archdiocese.

They have detailed the cases over a three-day pretrial hearing this week. The cases include a priest who allegedly pinned loincloths on naked boys playing Jesus in a Passion play, and whipped them, in keeping with the drama; a priest who held what prosecutors called “masturbation camps” at the rectory, having boys strip naked and teaching them to masturbate; and a pastor written up for disobedience for complaining to Bevilacqua about an accused priest being transferred to his parish.

“I truly would love a jury to see how these were handled,” Assistant District Attorney Patrick Blessington said in court. “The more cases they see … the clearer the picture becomes.”

Although some of the abuse dates to the 1960s through 1980s, before Lynn’s time as secretary for clergy, he had access to the secret files. And many of the cases were not reported until years later, during his tenure.

Defense lawyers hope to limit the trial evidence to Lynn’s handling of the priest and ex-priest on trial with him. The Rev. James Brennan, 48, and defrocked priest Edward Avery, 69, are charged with rape. All have denied the charges.

The archdiocese declined to respond to the comments made Wednesday about Monsignor Senior, citing a gag order in the case.

Lynn is on leave from the archdiocese. Jury selection is set to start next month.

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