Category: Legal Shenanigans

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Lawyers: Prosecutors hanging blame for Philly church abuse on 1 monsignor; March trial looms

Prosecutors are trying to hold a single Roman Catholic church official responsible for the priest abuse scandal in Philadelphia, defense lawyers argued Tuesday at a key hearing in a novel clergy-abuse case.

City prosecutors want to include accusations against dozens of priests when Monsignor William Lynn stand trial on child endangerment and conspiracy charges in March. Most of the cases stem from a 2005 grand jury report that blasted church officials for keeping 63 problem priests on the job — but yielded no criminal charges.

Now, prosecutors are pushing to include about 30 of those cases in Lynn’s trial. Lynn served as secretary of clergy for the archdiocese from 1992 to 2004.

Prosecutors say the 61-year-old Lynn kept priests in ministry and around children despite explosive allegations in secret church files. Those files are now in prosecutors’ hands — and some of them are being aired in court.

Defense lawyers argued Tuesday that Lynn took orders from Cardinal Anthony Bevilacqua and several bishops above him in the church hierarchy. They said prosecutors should have indicted the archdiocese and others if they wanted to attempt a broad conspiracy case.

Lynn, they said, was doing his job as ordered in the era before 2002, when Catholic bishops nationwide, battling scandal, adopted formal rules on how dioceses should handle accused priests.

Church files “show when his marching orders changed,” defense lawyer Jeffrey Lindy argued Tuesday. “They can complain about his job. They can complain about the (archdiocesan) rules. … But the archdiocese is not charged.”

Prosecutors call the archdiocese “an unindicted co-conspirator” in the case. Bevilacqua is now 88 and in failing health. His successor, Cardinal Justin Rigali, retired last year after a second grand jury returned charges against Lynn and four others. The co-defendants — three priests and a teacher — are charged with raping boys.

Lynn is the first church official in the U.S. ever charged over his alleged administrative failures.

Common Pleas Judge M. Teresa Sarmina is hearing arguments this week on what evidence should be included at his trial. Lynn will be tried with two of the co-defendants; the others will be tried separately.

Prosecutors are detailing accusations against various priests who remained in parish work despite complaints they had abused and sometimes raped boys on overnight trips, in schools and rectories, and even in the church sacristy. Prosecutors also allege that Lynn did little to ensure that priests sent for sex-therapy treatment were supervised upon their release.

Sarmina didn’t indicate when she would rule. But she tipped her hat on her view of the church’s oversight of its priests when Lindy suggested that Lynn was just one part in a strict chain of command.

“It doesn’t sound like it. Even though priests take vows of obedience, (and break them), … nothing happens,” Sarmina said, referring not just to accused molesters but also to priests who moonlighted as disc jockeys or who were accused of living with former students. “But that’s not what this trial is about.”

Sarmina could rule Wednesday on how many, if any, of the 2005 grand jury cases will find their way into Lynn’s trial.

The first case outlined was that of now-defrocked priest Stanley M. Gana, a one-time chaplain for the Boy Scouts of America. The 2005 grand jury said he abused “countless” boys at various parishes.

Lynn, when he served as dean of men at an archdiocesan seminary, knew Gana was frequently visiting a seminary student. The seminarian told Lynn in 1992 that Gana had been abusing him since he was 13, Assistant District Attorney Mariana Sorensen said.

Gana denied the rape accusation, but admitted he had given another accuser $12,000, she said. Gana was left in ministry, and continued to assault boys, until 2002, prosecutors said.

In a case described Tuesday, prosecutors said a priest went for inpatient psycho-sexual treatment after an abuse allegation surfaced, and was given female hormones that serve as chemical castration, but remained in parish work for years.

Other times, Lynn and others in the archdiocese investigated accusers, not the alleged molesters, and withheld information from families and parishes.

“They’re not concerned about the victims, they are just concerned about the almighty dollar, and the mother church,” Assistant District Attorney Patrick Blessington argued Tuesday.

The archdiocese cannot comment on the pretrial hearing because of a gag order, spokeswoman Donna Farrell said this week.

Complete Article HERE!

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The end of the mystique

A Philadelphia prosecutor has decisively — and good for him — ended 2000-years of unwarranted deference to the Catholic Church.

Prosecutors on Monday accused the Archdiocese of Philadelphia of being an “unindicted co-conspirator” in a clergy sex abuse case and said the Roman Catholic Church fed predators a steady supply of children.

Everybody willing to know the truth has known the truth for a long time: The Catholic Church has masterminded a global criminal conspiracy centered on the sexual abuse of children for a long time.

What is so striking is that now a state prosecutor is saying so, too, instead of a few hundred cranky bloggers. However naturally this may follow from the past decade of revelations, however easily it may be overlooked in the cataracts of abuse stories, this is a milestone.

And it might be that the pews are at last waking-up, too. Notice this comment at Andrew Sullivan’s blog:

It’s funny that you linked to the story regarding the Catholic Church’s position on the birth control under the health care insurance rules. My wife, daughter and I went to mass on Long Island on Saturday night at 5PM, a mass that tends to be an older crowd though some families are mixed in. Our pastor was the celebrant and his sermon amounted to him yelling for 15 minutes about abortion, the administration’s anti-religious attacks, and contraception. He was particularly upset about the contraception rules – yelling about taking money out of his insurance premiums to subsidy the pill – to the point that he took the Lord’s name in vain as he walked in front of the altar. When he was screaming about the money, the only thought that went through my mind was the amount of money I’ve put into the collection box that was used by the Church to cover up pedophile priest cases.

This is the tipping point. Prosecutors will no longer go after just a single priest, but those who protected him, too. And they’re not going to have to worry any longer about public blowback, either.

Complete Article HERE!

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Catholic church’s plea could rule out damages for priests’ abuse

Victims’ lawyers condemn ‘scandalous’ defence that Catholic priests are not legally employees of the church

Mary McAleese

Victims of sexual abuse by priests will no longer be able to sue the Catholic church for damages if a landmark judgment rules that priests should not be considered as employees.

In a little publicised case heard this month at the high court, the church claimed that it is not “vicariously liable” for priests’ actions. The church has employed the argument in the past but this was the first time it had been used in open court and a ruling in the church’s favour would set a legal precedent.

The use of the defence raises further questions about the church’s willingness to accept culpability for abuse. It follows a damning report into abuse at the diocese of Cloyne in Ireland which prompted the Irish president, Mary McAleese, to call on leaders of the church “to urgently reflect on how, by coherent and effective action, it can restore public trust and confidence in its stated objective of putting children first”.

Those planning to bring claims in relation to the high court case expressed dismay. “As children, we weren’t given an innocent, carefree and safe environment,” said one. “We weren’t given a peaceful structure in which to grow and develop normally. By some miracle, some of us are still here to voice the words of so many who can’t. Only a small number of victims ever come forward. The full potential of who we could have been as adults has been stolen.”

The church’s defence has been condemned by lawyers. “I think the Catholic church’s attempt to avoid responsibility for the abhorrent actions of one of its priests is nothing short of scandalous,” said Richard Scorer of the law firm Pannone, which specialises in abuse cases. “The Catholic church would be better served by facing up to its responsibilities rather than trying to hide behind spurious employment law arguments.”

The ruling is being made as part of a preliminary hearing into the case of “JGE”, who claims to have been sexually abused while a six-year-old resident at The Firs, a children’s home in Portsmouth run by an order of nuns, the English Province of Our Lady of Charity. “If we fail, it would mean that no other victims of Catholic priests would be able to be compensated,” said Tracey Emmott of Emmott Snell, a specialist in working with sexual abuse claims who is representing JGE.

JGE alleges that she was sexually abused by Father Wilfred Baldwin, a priest of the Roman Catholic diocese of Portsmouth and its “vocations director”, who regularly visited The Firs during the 70s. Her legal team claim the nuns were negligent and in breach of duty, and that the diocese was liable for Baldwin’s alleged abuse as he was a Catholic priest engaged within the work of the diocese.

Previous hearings in the House of Lords and the court of appeal relating to other church organisations have found that ministers should be treated as employees. But there has been no judgment yet on whether the relationship between a Catholic priest and his bishop is akin to an employment relationship.

“They claim that the relationship between the bishop of the diocese and the parish priest in question does not amount to anything akin to a relationship of employment, and therefore there cannot be any ‘vicarious liability’ for the priest’s acts,” Emmott said.

“That is to say, whatever sexual abuse their priests might commit, it is not their responsibility. They are absolved of blame. We need to show that, while Father Baldwin wasn’t strictly an employee of the church, he was acting on the bishop’s behalf and that the bishop clearly had a degree of control over his activities.”

Criminal proceedings against Baldwin, who was the subject of a police investigation, concluded when he died of a heart attack in 2006.

Complete Article HERE!