Lawsuit alleges Bishop Finn, KC diocese, placed child in harm’s way

Bishop Robert W. Finn’s five-month delay in reporting to police a priest in possession of child pornography directly led to the abuse of a ten-year old girl, and qualifies as conspiracy to commit fraud, a lawsuit filed today alleges.

The suit, brought on behalf of the girl by her parents, says that Finn’s delay in reporting diocesan priest Fr. Shawn Ratigan directly placed the girl in harm’s way when her parents invited the priest into their home on several occasions, not knowing of his predilection toward taking lewd photographs of children.

During those occasions, the lawsuit says, the mother and father noticed Ratigan using his cell phone “under the dinner table,” which, the family later learned, he was using to take sexually explicit photos.

The family is now concerned, the lawsuit says, that those photos “may have been distributed…over the internet.”

The home visits came after Ratigan had been removed from parish ministry, but neither the parish nor accompanying school had been notified that lewd photos had been found on the priest’s computer.

The lawsuit, which was brought by the Randles, Mata, and Brown law firm, comes after news yesterday that Finn evaded a second criminal indictment for failing to report suspected child abuse by agreeing to give the Clay County, Mo., prosecutor near-total oversight of his diocese’s handling of sex abuse cases for the next five years.

Finn and the diocese were separately indicted in Jackson County, Mo., in October for failing to report suspected child abuse in the Ratigan case.

A spokesperson for the diocese said in an e-mail that while the suit “includes a number of factual inaccuracies,” the diocese “would like to directly say to the parents of this child, ‘Our concern is for you, your daughter, and your family. We condemn the disturbing and destructive behaviors attributed to Shawn Ratigan.’ ”

The 21-page suit, which names Finn, Ratigan, and the diocese as separate defendants, lays out eight separate counts which the plaintiffs’ lawyers may pursue in court, including charges that the three perpetrated child sex abuse, failed to supervise clergy, failed to supervise children, and conspired to commit fraud.

The suit outlines separate counts of child sex abuse against Ratigan, and the bishop and diocese together. The lawsuit alleges that in not reporting Ratigan to police or parents, the diocese and bishop “stood in the shoes” of the priest and “aided and abetted” his abuse of children between December, 2010, and May, 2011.

Images of naked children were found on Ratigan’s laptop in December, 2010. The Kansas City-St. Joseph diocese learned about the images and removed Ratigan from his parish, but did not report the incident to authorities until May. From February until his May 16 arrest on charges of possession of child pornography, the priest lived at a home for Vincentian priests and serving as chaplain to a neighboring Franciscan convent.

Filed in Clay County, Mo., today’s suit seeks unspecified monetary compensation from the diocese. While the girl and her parents decided to remain anonymous in the suit, Rebecca Randles, the plantiffs’ lead attorney, said Clay County is where the parents live and “where some of the acts took place.”

The diocesan chancery is located in Jackson County, Mo., which brought the criminal indictments against Finn and the diocese Oct. 14. The diocese covers 27 counties in northwest Missouri.

In a phone interview, Randles also said she hopes the lawsuit acts “as a symbol for why its imperative that people who have knowledge warn others when there’s a predator in their midst.”

Today’s suit lays out the timeline in the Ratigan case as has been widely reported. The key addition to the story is how diocesan inaction allegedly led directly to Ratigan surreptitiously taking photos of the girl.

While Finn moved Ratigan to the home for Vincentian priests with orders not to spend time with children in February, after the bishop saw lewd photos on the priest’s laptop in December, the lawsuit says the bishop never warned parents or parishioners about the priest’s tendencies.

After Ratigan’s arrival at the priests’ home, the lawsuit says the priest contacted the young girl through Facebook and also contacted her mother vial e-mail. Some time later, the parents invited the priest to their home to “spend time” with the family. That’s when the lewd photos were taken “under the dinner table.”

The lawsuit also alleges that Ratigan spent time with other families who had “no warning or understanding about Fr. Ratigan’s propensity to photograph and abuse children.”

That possibility was also highlighted in a diocesan-sponsored study of its handling of the Ratigan case released in September.

Specifically cited in that 138-page report, conducted by former U.S. attorney Todd Graves, is a 2011 Easter party hosted by Ratigan at the priests’ residence, at which “several young children were present.”

Today’s suit says the plantiff girl was also present at that party, where her parents believe she was photographed.

Among the counts brought by the plaintiffs in the suit, the most incisive seem to be the charges of conspiracy to commit fraud by the diocese and Finn. The lawsuit alleges that both “misrepresented” information “they had the duty to disclose.”

Finn, Ratigan, and the diocese worked “in concert with each other, with the intent to conceal and defraud, conspired… [to] conceal or fail to disclose information relating to the sexual misconduct of Defendant Ratigan, prohibiting public scrutiny or investigation into his acts of sexual misconduct,” alleges the suit.

Also announced yesterday was news that Ratigan had been indicted by a Clay County grand jury on three counts of possession of child pornography. The indictment supersedes a state criminal complaint that charged Ratigan on May 19. Each of the three counts is a felony punishable by up to seven years in prison.

Ratigan, 45, was also indicted in June by a federal grand jury and is in federal custody.

During a press conference this morning hosted by the Survivors Network of Those Abused by Priests, Barabara Dorris, the outreach coordinator for SNAP, said today’s suit shows, above all, that Finn “should have told parents or parishioners” about Ratigan.

Even if diocesan officials were worried revealing information about Ratigan would unnecessarily scare people, Dorris said “they could have placed him in a facility where he would have had no access to children.”

Complete Article HERE!

Why Penn State is (and isn’t) like the Catholic Church

Penn State coaching legend Joe Paterno is out in the university’s burgeoning sex abuse scandal, and comparisons to the Roman Catholic Church’s own abuse scandals are in.

“The parallels are too striking to ignore. A suspected predator who exploits his position to take advantage of his young charges. The trusting colleagues who don’t want to believe it — and so don’t,” author Jonathan Mahler wrote in The New York Times.

“This was the dynamic that pervaded the Catholic clerical culture during its sexual abuse scandals, and it seems to have been no less pervasive at Penn State.”

The analogy is popular. But does it hold up to scrutiny? Yes, and no. Here are three ways in which the twin abuse scandals are similar, and three ways they are different.

SIMILARITIES

1. Sports is like a religion, with its rituals and incantations, rules and traditions, collective devotion and uniforms. Indeed, anthropologists say that like religion, athletic competition is one of the oldest communal impulses in human history, and today sports and religion mirror each other almost as much as they did in classical Greece.

To wit: a sign held by one Paterno supporter at a rally for the disgraced coach: “Two of my favorite ‘J’s’ in life: Jesus and Joe Pa.”

2. Whatever their bona fides as religions, Penn State and the Catholic Church are big, self-protective institutions. The cover-up is always as bad (or worse) as the crime, and Penn State leaders feared scandal — and probably harm to their own reputations — so much that they didn’t think about the welfare of the children. Same with so many bishops. And Boy Scout leaders. And teachers unions, and so on.

“The sort of instinct to protect the institution is very similar. And of course, in both cases, it backfires horribly. If your idea was to avoid a scandal, you sure failed,” Phil Lawler, a Catholic journalist in Boston, told The Associated Press.

That is why the public blamed bishops more than the predatory priests, and why so much anger has focused on Paterno rather than on alleged abuser Jerry Sandusky.

3. It took a grand jury to bring the Penn State abuse to light, just as it did (and continues to do) in the Catholic Church. Look at last month’s indictment of Bishop Robert Finn in Kansas City, Mo., for failing to report a priest suspected of child abuse, or the indictment last February of Monsignor William Lynn, a former top official in the Archdiocese of Philadelphia who is charged with covering up for abusive priests.

Institutions are not good at policing themselves. It is unclear how far the problem extends in college sports, and the church.

DIFFERENCES

1. Penn State has a system of accountability, however imperfect, because like any university, the school is governed by a board of trustees. In this case, the board took relatively swift action (albeit under severe pressure from the public and authorities) in part because if Penn State loses customers, it goes kaput.

The Catholic Church, meanwhile, believes that even the “gates of hell will not prevail” against it, and many church leaders embrace the “mustard seed” view of a smaller but more devout “saving remnant” that would be purified by suffering. In a reprise of the lesson of the Cross, they would “win by losing.” Needless to say, that’s not how universities, not to mention football teams, tend to see things. What’s more, the pope is answerable to no one — except God.

2. Sports is not an actual religion. Sports does not have divine sanction, nor can its leaders make use of divine symbols and power to exploit children — and potentially turn them against the eternal salvation that those leaders say is the point of a religion’s existence. That is a higher order of bad. Sports consists of games in the first instance, and the last.

If anything, sports is more like a cult — closed in on itself, exalting personalities more than a system or institution. Catholicism is actually a very decentralized community, and Catholics can hold their leaders in the same low regard that they have for politicians. That’s why you saw Catholics in Boston protesting to have Cardinal Bernard Law fired in 2002, while thousands of Penn State students rallied to let Paterno keep his job.

3. Penn State, and collegiate athletics as a whole, have not done as much as the Catholic Church to establish systematic safeguards for protecting children and educating students and staff about warning signs and best practices.

Of course, the Catholic Church has had a 10-year head start, and many safeguards were put in place after the fact. But sports experts note that there have been periodic sex scandals involving college coaches for years, and that bad behavior by college athletes — from sexual assault to bar brawls — is rampant. Yet there has been little focus on changing a culture that enables such behavior because college sports are, well, sacrosanct.

An ESPN investigation found that between 2002 and 2008, some 46 Penn State football players faced 163 criminal charges, and 27 players were convicted of or pleaded guilty to a combined 45 counts.

In the end, it may be the sensationalism of the sexual abuse of boys by men that has driven coverage of both the Penn State story and the Catholic crisis. And that may reveal as much about American attitudes as it does about the abuse itself.

Complete Article HERE!

Archbishop makes anti-Jewish statements in sermon

Edward Gilbert, the leader of the Catholic Church in the Port of Spain, compared politicians in the southern Caribbean republic to Jews, who he said only care about their own.

“The Jews were compassionate and caring for their own, they were compassionate and caring to the people of their nation, to the people of their race, to the people of their ethnic communities,” Gilbert said during a Jubilee Mass Oct. 24 at Our Lady of Perpetual Help Roman Catholic Church in San Fernando, Trinidad, to celebrate the 225th anniversary of the Roman Catholic mission there. “However, that wasn’t enough for Jesus. Jesus took that teaching and universalized it.

“In many cases in this country, there are people who love one another, who are compassionate, but they have the mind-set of the original Jewish people. They are good to their own … but they have not universalized the concept of love.”

The Anti-Defamation League called the statements “a disturbing repackaging of ancient anti-Jewish canards and supersessionist beliefs.”

“Archbishop Gilbert devalues Judaism over and against Christianity,” ADL National Director Abraham Foxman said in a statement. “The false notion that Jews only care about themselves and don’t care enough about others is one of the major pillars of classical anti-Semitism.”

Rabbi David Rosen, the American Jewish Committee’s international director of interreligious affairs, said “such prejudicial comments not only reflect personal ignorance, but also ignorance of the teaching of the Catholic Church since Nostra Aetate.”

The 1974 Vatican Guidelines on Nostra Aetate warn against such misrepresentation and generalizations, Rosen added.

“Archbishop Gilbert’s comments again highlight the need for more effective global Catholic education regarding the Holy See’s official teaching on Jews and Judaism,” he said.

Complete Article HERE!

Exodus as pope’s Legion reform lags

When Pope Benedict XVI took over the disgraced Legion of Christ religious order last year, expectations were high that heads would roll over one of the greatest scandals of the 20th century Roman Catholic Church.

One year later, none of the Legion’s superiors has been held to account for facilitating the crimes of late founder Rev. Marciel Maciel, a drug addict who sexually abused his seminarians, fathered three children and created a cult-like movement within the church that damaged some of its members spiritually and emotionally.

An Associated Press tally shows that disillusioned members are leaving the movement in droves as they lose faith that the Vatican will push through the changes needed. The collapse of the order, once one of the most influential in the church, has broader implications for Catholicism, which is shedding members in some places because the hierarchy covered up widespread sexual abuse by priests.

In an exclusive interview, the man tapped by Benedict to turn the Legion around insisted that the pope tasked him only with guiding the Legion and helping rewrite its norms – not “decapitating” its leadership or avenging wrongdoing.

Cardinal Velasio De Paolis ruled out any further investigation into the crimes of Maciel, who as a favorite of Pope John Paul II had been held up as a living saint despite well-founded allegations – later proven – that he was a pedophile.

“I don’t see what good would be served” by further inquiry into a coverup, the Italian cardinal said. “Rather, we would run the risk of finding ourselves in an intrigue with no end. Because these are things that are too private for me to go investigating.”

The Holy See knew of the pedophile accusations, yet for years ignored his victims – as well as complaints about his cult-like sect – because he attracted men and money to the priesthood. As it is, John Paul’s legacy was marred by his close association with Maciel; Benedict’s legacy, already tarnished by the sex abuse scandal, may well rest in part on how he cleans up Maciel’s mess.

Critics, including some Vatican officials, contend De Paolis has an obligation to uncover the truth and take more radical action, given that the Vatican itself found Maciel created a twisted, abusive order to cater to his double life.

The Vatican also determined that for the Legion to survive it must be “purified” of the influence of Maciel, who died in 2008, since its very structure and culture had been so contaminated by his obsession with obedience and secrecy. Members were forbidden from criticizing their superiors, were isolated from their families, and told how to do everything from praying to eating an orange.

In the absence of radical change, the movement has seen a dramatic decline in membership since the scandal was revealed in 2009.

An estimated 70 of the 890 Legion priests and upwards of a third of the movement’s 900 consecrated women have left or are taking time away to ponder their future. Seminarians have fled – 232 last year alone, an unusually high 16 percent dropout rate for one year. New recruits are expected to number fewer than 100 this year, half what they averaged before the scandal.

The AP compiled the figures based on interviews with more than a dozen current and former members, who outlined inconsistencies in partial statistics provided by the Legion.

In August, about 20 current and former Legion priests met secretly for a week in Cordoba, Spain, to discuss forming an association to support Legion priests who leave the order, participants told the AP. The move could well encourage more to leave.

And earlier this month, the six editors of the Legion-affiliated Catholic news agency Zenit quit en masse, following the resignation of Zenit’s founder. He had cited differences in editorial vision and a loss of trust with the Legion’s superiors over the way they covered up Maciel’s crimes.

The Rev. Richard Gill, a prominent U.S. Legion priest until he left the congregation in 2010 after 29 years, has openly criticized De Paolis’ efforts, particularly his refusal to remove compromised superiors, saying “dismissals will be needed to restore some measure of confidence in the Legion.”

He called for an investigation into the origins of the scandal and noted that for most of the 70-odd priests who have left, “loss of trust in the leadership has been the primary reason.”

Claudia Madero left the movement in August after living like a nun for 35 years, citing the refusal of her Mexican superiors and De Paolis to embrace change.

“It’s true there have been some changes, but these are incidental, not essential,” she wrote in her resignation letter.

Benedict, however, gave De Paolis an unofficial vote of confidence last month when he kept him on as his Legion envoy while letting the 76-year-old Italian retire as head of the Vatican’s economics office.

Benedict’s spokesman, the Rev. Federico Lombardi, declined to say if the pope thought De Paolis’ mandate should be changed given the exodus, saying the cardinal speaks for himself.

Legion spokesman the Rev. Andreas Schoeggl, meanwhile, gave De Paolis a thumbs up, saying his work had been “great,” with all Legion priests helping rewrite the order’s constitutions – a shift from the past when decisions were made only at the top.

Yet if the current membership trends continue, the Legion may simply wither away as fewer people join a scandal-tainted congregation that the Vatican itself said has no clearly defined “charism” – a church term for the essential spirit that inspires a religious order and makes it unique.

After all, what would happen to the Franciscans if St. Francis were discredited? The Missionaries of Charity if Mother Teresa were found to be a fraud?

De Paolis paused when asked to define the Legion’s charism. “Bella domanda,” he said – “good question.” Noting that it was a work in progress, De Paolis cited the Legion’s evangelical zeal and insisted that even without a clearly defined charism, the vast majority of Legion members are happy, doing good work and serving the church.

But three current members of the movement say the reality is more complex: Some are thinking of leaving but haven’t taken the leap, some are in denial of the extent of the scandals, while others are actively working toward reform.

Members have coined the terms “awake” and “asleep” to describe where colleagues are in discovering the abuses of the Legion system, a process that is complicated by the Legion’s restrictions on use of the Internet and email.

And despite some changes, abuses continue: “Dissidents” are transferred away from their communities and subject to emotional harassment to test their resolve, three current members said on condition of anonymity because of fear of punishment.

De Paolis defended his commitment and approach to the reform, saying said he had “inserted” himself into the Legion’s administration, expanded the Legion’s governing council and shuffled some superiors around. He said he hasn’t dismissed any superiors outright because he needs them to learn the complex details of the order’s structure, culture and finances.

“How can I, someone who doesn’t know the Legion, who knows only a bit of Spanish, enter saying I’m in charge?” he asked. “If they (the superiors) wanted to sabotage me, it would have been so easy. If I had made myself the superior, they wouldn’t give me information, they would have hidden it from me.” He said his priority was to persuade the Legion’s leaders to sow change from within.

Maciel founded the Legion in Mexico in 1941 and it became one of the fastest-growing religious orders in the world, praised by Vatican officials who routinely celebrated Masses for the Legion and in Maciel’s honor.

Victims began to go public in the mid-1990s with allegations that Maciel had sexually abused them as seminarians, but the Vatican shut down a church trial, only to resurrect it years later. Maciel was sentenced in 2006 to a lifetime of penance and prayer – an inglorious end for a man who had enjoyed unparalleled access to the pope.

In his interview with the AP, De Paolis revealed for the first time that the Legion had reached financial settlements with “four or five” people who said they were sexually abused by Maciel, paying a relatively modest $21,000 to $28,000 (euro15,000-euro20,000) apiece. Negotiations, however, stalled with one victim who demanded millions, he said.

No one has publicly accused top Legion superiors of sexual abuse. But few believe Maciel’s closest aides were ignorant of his double life, given that he would disappear for weeks on end with thousands of dollars to visit his family and, by the end of his life, was openly living with his girlfriend.

Monsignor Rino Fisichella, who heads the Vatican’s evangelization office, said last year that the Vatican would be wise to look at who covered up for Maciel inside the Legion – “those who took his appointments, those who kept his agenda, those who drove him around.”

Yet some suggest De Paolis’ reluctance to investigate the coverup is based on fears the revelations could point to complicity by Vatican officials, who defended Maciel even after the sex abuse allegations were established.

“With the Legion I believe there were some who knew, but very few,” De Paolis said of Holy See officials. “The others saw that this group was blossoming, that it brought fruits, it offered a service to the church.”

De Paolis says he wants to save the fruits, the good that remains in the Legion. But those who have been harmed insist the Vatican must assign blame where it’s due and fix the wrongs, or lose all credibility.

“We’re angry at the church for allowing this,” said Peter Kingsland, a Catholic from Surrey, British Columbia, whose daughter was consecrated in 1992. “They could have claimed ignorance before, but they’re no longer ignorant – and now they’re a party to it.”

Complete Article HERE!

Scandal and the Vatican: Let’s Not Talk About Kansas City

COMMENTARY

The news that an American bishop had been charged with failing to report child abuse should have been collosal news in the Vatican.

But the response has been as if the case is far away and far removed from the Holy See — and the Papacy that is so quick to come down on questions of celibacy, women priests and the rights of gay Catholics appears to regard the American scandal, involving a priest and what seems to be child pornography, as a matter for local jurisprudence.

On last Friday, prosecutors in Kansas City, Missouri, secured an indictment from a grand jury that alleges Bishop Robert Finn neglected to inform the police for months after discovering “hundreds of disturbing images of children” on a priest’s laptop in December 2010, including photographs focused on the crotch, upskirt pictures and at least one image of a child’s naked vagina.

The offending priest — Shawn Ratigan — was relieved of his position as a church pastor and transferred to a convent, but neither the police, his parishioners, nor the parents of a nearby Catholic school were informed of the pictures until May 2011.

In the interim, Ratigan continued to attend events involving children, including birthday parties and a first communion, and allegedly attempted to take lewd pictures of a 12-year-old girl. Finn and Ratigan have both pleaded not guilty to the charges against them.

The case against Finn marks the first time a bishop in the United States has been indicted for failing to report abuse by a priest under his supervision. It comes nearly 10 years after the U.S. Conference of Catholic Bishops adopted policy mandating that dioceses report allegations of sexual abuse to the public authorities and seven months after the Vatican urged all bishops across the world to institute similar measures.

It also comes three years after a $10 million settlement in Kansas City with 47 plaintiffs alleging abuse at the hands of priests, in which Bishop Finn agreed to immediately inform the police of any suspicion of sexual abuse by members of his diocese. However, when the Vatican was contacted for comment, regarding the allegations, it demurred, citing the pending charges.

“There is a legal procedure under way,” the Vatican’s spokesperson Father Federico Lombardi told a reporter for the AFP. “Any intervention could be interpreted as interference.”

The Vatican’s tepid response highlights a chasm between the public perception of the way the church is organized and the structure by which it usually operates. While most outsiders imagine the Catholic Church as a monolithic hierarchy, with a direct line of command from the Pope down to most junior priest, for many inside its ranks the better analogy is a community, in which the Vatican plays a coordinating role for a host of almost completely independent dioceses.

“The church doesn’t work at all like a centralized machine, in that a command that comes from above is automatically communicated to the parts of the machine below,” says Sandro Magister, editor of the Rome-based website Chiesa (Italian for “church”). “The autonomy of single bishops is very strong.”

Thus, while an outside observer might draw a line of accountability directly to Rome, from the Vatican’s point of view responsibility for a sex abuse scandal would more traditionally lie at the local level. Indeed, in other cases, lawyers for the church have explicitly argued that bishops don’t work directly or the Vatican.

But, under Pope Benedict XVI, the Vatican has nonetheless begun to ratchet up the pressure, according to Phil Lawler, editor of CatholicCulture.org, and a long-time critic of the Church’s slow response to the 25-year-old sex abuse scandal.

“The Vatican is gradually getting a grip on it, if not in this country, in others,” he says.

In Ireland, for instance, the church forced the resignation of three bishops who failed to report abuse by priests.

“I think you’re starting to see steadily more active supervision,” says Lawler, adding that the Vatican would nonetheless likely continue to have a largely hands off approach. “The autonomy of bishops isn’t going to away,” he says. “That’s fundamental to the structure of the church.”

Yet for the victims of the abusive priests, it’s not an argument that has much resonance. After all, when a priest advocates ending the tradition of celibacy or in favor of the ordination of women, the Vatican is quick to clamp down.

“Rome does have a direct influence on diocese around the country and around the world,” says Michael Hunter, the Kansas City director for the Survivors Network of those Abused by Priests (SNAP) who has filed a new lawsuit against Finn for breach of contract, alleging that the bishop failed to live up to the terms of the earlier settlement.

“The Vatican really could and should come down on the moral side of this and really chastise this diocese,” he adds.

“And the heck with the legal issues.”

Complete Article HERE!