Child sexual-abuse victims and their supporters protest outside Basilica in Philadelphia

John-Michael Delaney, outspoken clergy sex-abuse victim, was supposed to meet with Archbishop Charles Chaput on Monday. Instead, state Rep. Mark Rozzi (left) flew him to Philadelphia to participate in a protest after that meeting was canceled. Behind Delaney stands sexual-abuse victim Kristen Pfautz Woolley.
John-Michael Delaney, outspoken clergy sex-abuse victim, was supposed to meet with Archbishop Charles Chaput on Monday. Instead, state Rep. Mark Rozzi (left) flew him to Philadelphia to participate in a protest after that meeting was canceled. Behind Delaney stands sexual-abuse victim Kristen Pfautz Woolley.

By Brian Hickey

A victim’s canceled meeting with Philadelphia archbishop prompts emotional rally outside cathedral

 
Monday could have been the day that clergy sex-abuse victim John-Michael Delaney finally got decades of frustration off his chest during a private meeting with Philadelphia Archbishop Charles Chaput.

But in the days since Delaney told PhillyVoice of that meeting – something he’d avoided for decades on account of “not being able to be in the same room as a priest” – officials told the victim of one of the “archdiocese’s most brutal abusers” that the meeting was off.

Delaney said it was payback for going public; an archdiocesan spokesman said the meeting “will take place in due time provided all the parameters [of privacy] are respected.”

That didn’t sit too well with Delaney, who flew up from Tennessee this weekend to speak at a Monday afternoon press conference on the sidewalk outside of the Cathedral Basilica of Saints Peter and Paul on Logan Circle.

There, abuse victims railed against the church’s opposition to House Bill 1947, which proposed an extension of statutes of limitation dictating how long they had to file complaints against their alleged abusers.

The event was spearheaded by state Rep. Mark Rozzi (D-Berks County), who has long championed the rights of victims of child sex-abuse crimes. In fact, Rozzi decided to fly Delaney to town for the event “and give him his voice,” he said.

“I just want to let the bishop know, and the church know, that as much as you try to victimize me, and us, we’re just going to keep coming back,” Delaney said in front of the Basilica’s front doors. “Like I told you on the phone last week, I told you I’d be in Philly. Here I am. You say you don’t want to talk publicly about a meeting with me, yet you oppose a bill publicly? That’s a lot of double standards.

“At least be man enough to sit in a room with a victim and hear what he’s got to say for 60 minutes, because I’m coming for more than 60 minutes this time. I’m going to keep coming back.”

Delaney didn’t speak for more than a minute at the event, where he was joined by several fellow victims – many of whom were not victims of clergy – and those who support their fight.

Rozzi noted that his political peers who battled against the amendment decided “to stand with pedophiles and the institutions that protect them, plain and simple.”

State Rep. Mark Rozzi holds up copies of clergy sex-scandal grand-jury reports before throwing them on the steps of the Cathedral Basilica of Saints Peter and Paul during Monday afternoon's protest.
State Rep. Mark Rozzi holds up copies of clergy sex-scandal grand-jury reports before throwing them on the steps of the Cathedral Basilica of Saints Peter and Paul during Monday afternoon’s protest.

At the end of the 15-minute event, where he was flanked by victims and supporters holding signs, including one that read “Sexual abuse of little boys and girls is SOUL MURDER,” Rozzi threw a stack of grand-jury reports onto the Basilica steps. He then yelled that they “now lay at the archbishop’s feet; he’s responsible for these victims” and for any who may file complaints in the future.

“To all victims of childhood sex abuse, I promise that I will continue to fight for you until my last breath,” he said at the event’s onset before delving into his plans with the stalled legislation. “Not only will I put the retroactive up-to-age-50 component back in House Bill 1947, we will also be sure to include a two-year window to give all victims of childhood sexual-abuse the ability to have those voices heard in a court of law.”

He then turned back to the building behind him, and claimed that, for more than 50 decades, its leaders and all dioceses across the commonwealth “believed they were above the law … and now, they hide behind our laws.”

“Today, I want to make my message clear: I don’t care who you are, what institution it is, I don’t care when the abuse took place, if you abuse children, we are coming for you,” Rozzi said. “If you’re an institution that protected and actively managed, pedophiles, we are coming for you. If you’re a legislator who decides it’s more important to protect pedophiles and the institutions that protected them, we are coming for you.”

When news of Delaney’s meeting broke last week, archdiocesan spokesman Ken Gavin noted that it’s common practice not to publicize such events and shared a fact sheet about all they’ve done for victims. On Monday, he was asked by PhillyVoice for comment on the event at the Basilica.

The Rev. Dennis Gill, rector and pastor of the Cathedral Basilica of Saints Peter and Paul, speaks to a protester before Monday afternoon's event got underway.
The Rev. Dennis Gill, rector and pastor of the Cathedral Basilica of Saints Peter and Paul, speaks to a protester before Monday afternoon’s event got underway.

“In the political debate about HB 1947, lawmakers are going to have to bridge the gap between emotion, and logic and the law,” he responded. “The archdiocese does not make its victims services programs available to survivors for political expediency, but out of genuine concern for the well-being of survivors. We offer to lift the burden of accessing resources, services, and support; and we always do this strictly adhering to privacy policies that have been carefully adopted in accordance with best practices in the victim-services field.”

Speakers at the event, however, clearly didn’t agree with this approach.

They included Marci Hamilton, a leading church/state scholar, who noted they’d tried for a decade to get justice for victims.

“It’s time for our elected representatives to start representing the common good, and it’s time for our religious leaders to start ministering to the victims,” she said. “Instead of shutting them out, instead of slamming the door on them in the legislature and in their own buildings, it’s time. Let’s heal the victims and let’s get justice. That’s why we’re here.

“The survivors here behind us are here because they have the strength to go forward. What’s sad is the ones who have suffered so much in this process,” she continued, referring to those who have committed suicide, including Brian Gergely. “We’ve got to start doing the right thing.”

Several victims who also spoke at the Basilica were at a statute-of-limitation reform-strategy meeting held at Hamilton’s University of Pennsylvania office on Monday morning. Both at the event – and in conversations beforehand with PhillyVoice – they spoke about how the legislative stalling affected them personally.

They included a 51-year-old man named Tim – who requested his last name be withheld – who spoke about abuse at the hands of the owner of the corner grocery store in Wyomissing, Berks County where he worked. He knows of at least two or three other young teens who suffered the same sexual abuse by a man who also served as a scoutmaster with a church in nearby Reading.

He said that before the Jerry Sandusky case broke, he’d written to his abuser asking him to pay for his therapy but that “he ignored it all.” The Sandusky case, however, showed him that other victims were seeking legal charges against their abusers.

“I started educating myself if what my options were, and there was not a lawyer who would take my case,” explained Tim, who said his lingering anger issues affect him, his wife and children. “Nothing gets told in Pennsylvania.”

So, he filed suit on his own but after a decade of legal work, it’s still pending as his alleged accuser has “convenient amnesia” as he battles the statute of limitations issues.

“It’s been both the experience of having been abused and then the experience of seeking accountability and justice that is currently ongoing,” he said at Penn. “I tend not to be public about my name. I filed it as John Doe and now I’m aware of John Doe B, C, D, E, I think I’m up to H against this guy.

“As a victim, you can’t just sit. You have to take action. It should have been filed decades ago. It’s not about the money, it’s about the healing of going through it. Money’s irrelevant. For me, and others that have done this that I’ve become aware of, it’s about the movement from being stuck in this position of being a victim and taking some action. At this point, I’m doing everything I can possibly do until a judge tells me it’s over.”

That includes “deposing the pedophile’s wife,” which has already happened.

“I need a window so that I have an opportunity to hold the abuser accountable for what to did to me,” Tim said outside the Basilica. “And that window has to be available for people like me, so we have an opportunity and not some arbitrary year, the age 50, where there’s a cutoff, which makes absolutely no sense at all.”

Other speakers included Sister Maureen Paul Turlish, a lifetime Philadelphian who has taught in archdiocese schools.

“It’s outrageous that the Roman Catholic Church of Pennsylvania is opposing legislative reform in HB 1947. Child abuse is an epidemic in this country,” she said. “By not supporting this bill, they are supporting pedophiles across Pennsylvania.”

Also speaking at Penn and then at the Basilica was Kristen Pfautz Woolley, who was sexually abused by a family friend when she was between the ages of 10 and 12. Now, she’s a clinician who works with child sexual-abuse survivors and recently wrote a column for the York Daily Record about her experiences.

“Having the right to call out your perpetrator in civil court protects future children from being violated,” she said, noting that her attacker has three daughters and grandchildren, but that she “cannot, because of the blocking of the Catholic Church, speak the truth of my perpetrator’s name to protect children even though my violation has absolutely nothing to do with the Catholic Church.

“There is no price tag on the protection of a child. It is very clear: You either stand for protecting children or protecting pedophiles. It’s as simple as that. So, while this is being blocked, I’d like to apologize to all future victims who my perpetrator will violate. My hands are tied until my day in court. Sorry I can’t protect you. I’m going to keep trying.”

Clergy sexual-abuse grand-jury reports were strewn on the steps leading into the Cathedral Basilica of Saints Peter and Paul during Monday afternoon's press conference.
Clergy sexual-abuse grand-jury reports were strewn on the steps leading into the Cathedral Basilica of Saints Peter and Paul during Monday afternoon’s press conference.

After the event, Rozzi said he’s received countless emails from Catholic parishioners who do not abide by the church’s lobbying push to strip the House Bill of the statutes-of-limitation amendment. He noted that he’s even willing – in case the House leaders get wary of supporting his mission – “to suspend the rules on the House floor and I’m going to put [the amendment] back in. I know I have the support on the House floor. The leaders will not be able to stop me.”

From here, “it’s about continuing to work the issue” as victims from other archdiocese are being interviewed about being abused and how this could end up affecting “the entire Roman Catholic diocese in Pennsylvania.”

“One day, it may not be in 18 months, I’m hoping within three years because good things take time, I know more is coming down the road,” Rozzi said. “You can only deny, deny, deny for so long. There comes a point where you need to be held accountable. You can run but, guess what: I can run faster than you. I can track you down. We are going to make you be held accountable. It’s not over by any means. If the [state] Senate wants to kill it again, let them kill it. The blood’s going to be on their hands again.”

Complete Article HERE!

Priest sex abuse victim angered by lack of recourse: ‘None of them are registered sex offenders’

By Ivey DeJesus

Shaun Dougherty was molested by priest from the Altoona-Johnstown Diocese for three years. The now-defrocked priest, George Koharchick, lives as a private citizen in Johnstown. Even though the FBI concluded he was a child predator, because of expired statute of limitations, Koharchick cannot be identified as a child predator.
Shaun Dougherty was molested by priest from the Altoona-Johnstown Diocese for three years. The now-defrocked priest, George Koharchick, lives as a private citizen in Johnstown. Even though the FBI concluded he was a child predator, because of expired statute of limitations, Koharchick cannot be identified as a child predator.

Shaun Dougherty’s story begins on page 66 of the grand jury report into widespread child sexual abuse in the Altoona-Johnstown Diocese.

That page – one of 147 pages in the report detailing accusations against more than 50 religious leaders, priests and teachers – begins the account into the investigation of George Koharchik, a longtime priest, who among other diocesan assignments, was pastor at St. Clement Church in Johnstown for a decade.

That’s where Dougherty, then an altar boy, attended school and Mass with his parents.Shaun Dougherty2

The second youngest of nine kids, Dougherty was 10 and a fifth-grader at St. Clement School when he met Koharchik in 1980. Koharchik was his basketball coach and his religion teacher. The priest spent an inordinate amount of time with the boy.

By the time the priest had finished “grooming” him, Dougherty was allowed to “drive” the priest’s car. Koharchik would sit the boy close to him — or on his lap — and give him control of the steering wheel. Whether Dougherty, or one of his friends in the car, whoever had his hands on the wheel could count on Koharchik’s hands to grope their body and eventually their penis, Dougherty said.

“My first erection was at the hands of Koharchik,” he said. “My first memory of an ejaculation was with Father Koharchick.”

Dougherty played racquetball, cycled and played soccer with the 40-something priest.

“Any activity that required a shower afterward,” Dougherty said. “He bathed me. He cleaned my entire body.”

What began as tickling led to fondling and by the time Dougherty was 13 to digital penetration, he said.

“I remember shooting him a look,” Dougherty said. “But nothing was said, nothing was ever discussed about it.”

Koharchik sexually molested him for three and a half years, Dougherty said.

A preferential sex offender

Koharchik on March 17, 2015, testified before grand jury investigators that he had sexually molested boys while at St. Clement. In a contentious exchange, Koharchick told investigators how he had for years slept and showered with minors, how he had children sit on his lap and how he “patted” the buttocks of young boys.

Koharchik offered only clipped answers to the aggressive questions from investigators.

“I didn’t think of it certainly as predatory,” he told the investigators. “I  don’t know that I would speak of it as acts of love.”

Investigators in March concluded Koharchik was a “child predator” who  molested children after “desensitizing” them to sexual topics for his own sexual gratification.

A special agent from the FBI assigned to investigate the allegations designated Koharchik as a “preferential child sex offender,” who was able to use the trust and authority of the priesthood to “secretly engage in molestation, digital penetration and anal sex with children.”

Koharchik had normalized the conduct, nudity and contact to “confuse and condition” the boys for sexual assault, investigators concluded. Koharchik also groomed their families. He bowled with Dougherty’s parents every Thursday night for years.

Now 46, Dougherty is married and a successful chef and owner of the Crescent Grill in Long Island City, N.Y. He splits his time between homes in New York and Johnstown.

Gone is the mop of red hair that framed his freckled face as a boy. Gone is his faith in his religion, and most of his faith in God.

Dougherty says he is no different than other victims of child sexual abuse. He has endured the pain, the trauma, substance abuse, a suicide attempt. But he counts himself among the lucky ones who have negotiated the ravages of abuse to forge a life.

The torment and the pain are just beneath the surface, though.

In recent months, the venom of his abuse has resurfaced amid the reports from the investigation by the Attorney General’s Office into systemic child sexual abuse and its cover-up in the Altoona-Johnstown Diocese. Investigators combed the secret archives of the diocese and heard testimony from victims, as well as church officials and priests, concluding that hundreds of children across the diocese had been sexually molested by priests and church officials from the diocese starting as far back as 1950.

The grand jury report could not recommend criminal charges against any individuals associated with the diocese as all criminal statute of limitations had expired. The same was true for civil cases.

“None of them are registered sex offenders. None of them,” Dougherty said. “They can move next to anybody. They can move next to any school. Plus the Senate just gave them a green light said: ‘Here you go. Here you go. You are free. We are on your side.'”

 

‘We have them…..today’

Dressed in jeans, a Polo plaid shirt and blue jacket, Dougherty was in Harrisburg this week, primarily to try to understand the looming fate of a bill that could, after 36 years, allow him to seek justice against his predator.

For the past several months, Dougherty has been following the reports on House Bill 1947, the reform legislation that is poised to overhaul Pennsylvania’s child sex crime laws. The bill – which sailed out of the House in April by a 180-15 vote – passed the Senate last week, but only after being stripped of the retroactive measure that would have allowed Dougherty to seek legal recourse against Koharchik.

“Whoever is in this report that’s molesting a child today, we won’t know about it for 20 years,” says Dougherty slamming his hand on the thick grand jury report. “We have them … today. We have the system, today. We have them admitting it, today. We’re just going to open the door and let them all out. ‘Here you go.’ No sex offense charges.”

Like almost all victims of clergy sex abuse, Dougherty blames the church for the fate of the bill. He said the church, and its powerful legislative arm, the Pennsylvania Catholic Conference, have the ear of lawmakers in the General Assembly .

“I struggle with a belief in God but I have a belief in our government system,” Dougherty said. “I don’t believe it was fairly done.”

Dougherty railed against Senate President Pro Tempore Joe Scarnati, R-Jefferson County, who introduced the amendment to stripped the retroactive measure from the bill. Scarnati argued that it was unconstitutional to revive expired statute of limitations, the conclusion delivered by the state Solicitor General Bruce Castor during a Senate Judiciary Committee hearing on the bill.

“That is his interpretation,” Dougherty said of Scarnati’s opinion on the  constitutionality of the bill. “He is not a judge. He is a legislator. It should have gone to the Senate floor clean. Let the courts decide.”

PennLive submitted a request to interview Scarnati. The request has not been granted.

The Pennsylvania Catholic Conference notes that the Catholic community “has consistently enforced strict safe environment policies” and offered assistance to survivors and their families.  To date, dioceses across the state have spent more than $16.6 million on victim/survivor assistance services to provide “compassionate support to individuals and families.”

“The Catholic Church has a sincere commitment to the emotional and spiritual well-being of individuals who have been impacted by the crime of childhood sexual abuse, no matter how long ago the crime was committed,” reads the conference’s official statement.

A priest defrocked

In 2012, contacted by detectives investigating allegations of child sex abuse against Koharchik, Dougherty provided information to the Cambria County law enforcement officials. Dougherty is convinced his responses were read to Koharchik in front of the grand jury.

“I believe with all of my heart that my name is one of those redacted,” Dougherty said. One week after speaking with detectives, Dougherty was contacted and told the information was being turned over to the state.

Koharchik was placed on leave in August 2012 amid accusations of sexual misconduct involving minors dating back more than 30 years. At the time, he was pastor at St. Catherine of Siena in Mount Union, Huntingdon County.

“At that time those accusations had just been presented. It was not like an old case that was being reviewed,” Tony DeGol, the spokesman for the Diocese of Altoona-Johnstown said. “When  accusations were brought, (Bishop Mark Bartchak) immediately placed George Koharchik on leave.”

On Jan. 22, 2016, Koharchik was defrocked.

“The Congregation for the Doctrine of the Faith in Rome requested that George Koharchik seek laicization,” DeGol said, reading from the former priest’s file. “When he did, it was granted by Pope Francis.”

Koharchik lives in Johnstown as a private citizen. His home is less than a 5-minute walk from Johnstown Public Middle School on Garfield Street.

PennLive on Thursday reached Koharchik at his home. He declined to answer  any of the questions to put to him. “I  have no comment,” he repeated on the phone.

Dougherty, who retains a youthful spark in his eyes and fills a room with his voice, succumbs to tears recalling how his father told him he finally believed him before he died.  He chokes up recounting the call from his mother, now 83, a few years ago telling him she believed him. Koharchik was all over the local paper. The diocese was taking action against him amid accusations of child sex abuse.

Koharchik bears no hard feelings for his parents. They were devout Catholics living within the teachings of the church, he said.

“Give us our shot”

On Monday evening, Dougherty read PennLive’s report on the suicide death of Brian Gergely, who like him, was one of hundreds of victims of clergy child sex abuse from the Altoona-Johnstown Diocese.

Dougherty said that even though he never met Gergely, he felt as if he had lost a relative. He checked into a hotel and bawled his eyes out.

“I felt so absolutely defeated and so absolutely pissed off,” Dougherty said. “Just exactly the way Brian felt. They are doing it again … except this time they did it blatantly in the paper. They publicly (expletive) us again, they just did it publicly.”

A successful businessman, Dougherty said he would not sue to seek money, but rather for moral principle.

“If I  was a sitting senator for 30 years, I  would be standing on my Senate desk on the floor screaming at the top of my lungs, ‘Help me please! They have duped all of us. The children in my district are being raped by people who were supposed to teach them the teachings of Jesus Christ … show some teeth, senator.”

He implored lawmakers to salvage the retroactive measure of the bill, which moved from the Senate last week back to the House for a concurrence vote. If, down the road, the courts rule the bill unconstitutional, Dougherty said, he’ll take that loss and move on.

“Give us our shot,” he said. “Give us our shot.”

Complete Article HERE!

Pope accepts resignation of Brazilian bishop in sex abuse case

By Philip Pullella

Archbishop Aldo di Cillo Pagotto of Paraiba, Brazil, resigned July 6 facing accusations of sheltering sexually abusive priests.
Archbishop Aldo di Cillo Pagotto of Paraiba, Brazil, resigned July 6 facing accusations of sheltering sexually abusive priests.

Pope Francis has accepted the resignation of a Brazilian bishop who was accused of turning a blind eye to suspected pedophile priests in his diocese, the Vatican said on Wednesday.

The Vatican said Francis had accepted the resignation of Bishop Aldo di Cillo Pagotto of Paraiba, 66, citing a section of Church law under which bishops are obliged to tender their resignation if they are ill or if there is “grave cause”.

Under normal circumstances, he would have remained bishop until he turned 75.

Last year, the Church stripped Pagotto of his power to ordain priests while the accusations against him were being investigated.

Pagatto had been accused of allowing men into seminaries in his diocese to become priests even though they had been rejected from other places in Brazil because they were suspected child abusers.

In a letter posted on the diocese’s website, Pagotto said:

“I welcomed priests and seminarians with the intention of offering them new opportunities in life. Some were later suspected of committing serious wrongdoings … I made mistakes by trusting too much, with naive mercy.”

Last month, Francis issued a new decree saying bishops found to have been negligent when dealing with cases of sexual abuse could be investigated and removed from office if they did not offer to resign..

The decree requires the Vatican to launch an investigation if “serious evidence” of negligence is found. The bishop is given the opportunity to defend himself. Ultimately, the Vatican can issue a decree to remove him or ask him to resign within 15 days.

A Vatican spokesman said Pagatto’s case was handled under the previous, existing, procedures.

The Catholic Church has been rocked over the past 15 years by scandals over priests who sexually abused children and were transferred by bishops from parish to parish instead of being turned over to authorities and defrocked.

In some developed countries, particularly in the United States, the Church has paid tens of millions of dollars in settlements to victims.

 Complete Article HERE!

Deep pocketed interests denied justice to church abuse survivors

By Sister Maureen Paul Turlish

child sex abuse

I have said it before and I will say it again:

Accountability and transparency for the crimes of childhood sexual abuse today and in the future absolves no one from the accountability and transparency for the sexual crimes committed against children in the past.

Deep pockets denied the rights of all those who were sexually abused as children.

Their right to access justice in the Commonwealth of Pennsylvania was denied them by groups that had much to lose; the Archdiocese of Philadelphia, the Altoona-Johnstown Diocese along with the other Pennsylvania dioceses as well as the insurance industry and  and several business lobby groups.

Mostly, however, the opposition to the retroactive measure, statute of limitation reform, was led by Archbishop Charles Chaput, by way of the Pennsylvania Catholic Conference which he leads, and the heads of the Pennsylvania dioceses who dutifully follow orders.

Sister Maureen Paul Turlish
Sister Maureen Paul Turlish

And why? Is it money? Hardly.

Keep in mind that about $10 million dollars has been spent defending Msgr. William Lynn.

One can only guess at how much the public relations firm and the lobbyists from the Pennsylvania Catholic Conference are costing [the church]. That will likely never be known.

Then what is it?

It’s the fact that the bishops, the members of the hierarchy, will continue to do whatever they have to do, and what they have done for decades if not centuries.

And that is to do whatever it takes to protect a powerful institution and its secrets.

The safety and protection of the most vulnerable, the children, was never their priority regardless of the words of the Lord Jesus Christ.

Complete Article HERE!

Altoona man abused by priest kills himself just days after defeat of reform measure in bill

By Ivey DeJesus

Brian Gergely (right) was sexually abused by his priest for years. Gergely, 46, took his own life on Friday. He is pictured here with Kevin Hoover in 2003 after filing a lawsuit gainst the Altoona-Johnstown Diocese.
Brian Gergely (right) was sexually abused by his priest for years. Gergely, 46, took his own life on Friday. He is pictured here with Kevin Hoover in 2003 after filing a lawsuit against the Altoona-Johnstown Diocese.

He was 10 years old, the product of a devout Catholic family that worshipped at Holy Name Catholic Church in Ebensburg.

An altar boy, Brian Gergely should have been preoccupied with the task of assisting his priest with the rites of Mass. Instead, he was consumed with the idea of escaping the monster behind the black robe who sexually abused him in the sacristy and the confessional.

“I was standing in the sacristy and he pinned me to the desk. I was just a little guy,” Gergely said during an interview in March with The Guardian, recounting the violent abuse at the hands of Monsignor Francis McCaa.

“My parents were patrons,” Gergely said. “They were going door to door raising money for the church. The community put Monsignor McCaa on a pedestal.”

As an adult, Gergely shared his story of abuse with others — from his high school biology class, where he first broke the news of his abuse, to national and international media covering the worldwide clergy sex abuse scandal.

On Friday, Gergely, 46, took his own life. He hanged himself. His father found him.

His friends, other survivors of sexual abuse and victims advocates point to the fact that his death comes just days after the state Senate voted in favor of a bill that reforms the state’s child sex crimes law.

Last week, the Senate stripped House Bill 1947 — by a 49-0 vote — of a measure that would have allowed victims of past abuse whose legal rights had expired to seek justice in the courts.

“It’s a very hopeless feeling when you are floundering and you want to have someone believe you, someone external,” said Kevin Hoover, who along with Gergely and scores of other boys at Holy Name, was abused by McCaa.

“You want to be able to go to the legal system and say this happened, help me bring these people to justice. To have those doors slam in your face when your trust has already been shattered by another system — that’s a devastating and hopeless and helpless feeling.”

In March, a grand jury report on an investigation into systemic child sex abuse of children by priests from the Altoona-Johnstown Diocese called McCaa a “monster.” Investigators found he sexually abused 15 victims between 1961 and 1985.

001

Gergely’s abuse began when he was 10. The abuse was still going on when he was attending Bishop Carroll High School.

“It’s the physical death of the spiritual death that was done to us,” Hoover said of his former classmate’s death. “They have environment that allow these heinous acts to occur rather than dealing with it. It leaves these damaged souls in their wake.”

House Bill 1947, which returned to the House this week for a vote of concurrence before making its way to Gov. Tom Wolf’s desk, would widely reforms the statute of limitations. It would eliminate all criminal statute of limitations for such crimes in the future and widen the civil time limits on civil actions.

But the bill no longer offers a “look-back” measure that would have allowed past victims to sue their perpetrators.

Former friend and school mate at Bishop Carroll Michele Gonsman said Gergely was certain to have looked at the measure as a last hope for other victims. Gonsman described him as a “tormented soul,” who in spite of going public with his abuse, never found peace and struggled throughout the years with drug and alcohol abuse.

“All he wanted was justice,” said Gonsman, herself a survivor of child sex abuse by a neighbor. “They decimated the bill and he struggled and struggled, and he killed himself.”

Judith Weiss Collins, a survivor of clergy sex abuse out of Allentown Diocese, said the defeat of the retroactive measure in the bill “took away all hope” for victims.

“It’s the losing the hope that is so devastating,” said Collins, who at 64, would not have benefitted from the look-back measure in the bill. “That was a hit. That was a huge blow to me.”

Collins, who was abused for seven years as a child, and again as an adult, said that while she has never been suicidal, the idea consumes the mind of most survivors.

“Talk to anyone who has been abused and the suicidal idealization is always there,” she said. “It’s just wretched … but loss of hope that is it … knowing you can’t do anything. That we can’t do anything to gain back anything that was lost.”

002

Gergely’s attorney, Richard Serbin, said his client had been vocal and public about his advocacy on behalf of victims. Serbin on Sunday said that while Gergely would not have personally benefitted from the retroactive measure he was motivated by a desire to help others.

“People don’t appreciate that every time a victim loses the opportunity to file a claim, you lose the opportunity to stop a child predator,” he said. “Every time a sex abuse victim loses the opportunity to remove a predator from their access to children, when we take that right away, we take away the opportunity to identify a molester. It sends the wrong message.”

Serbin said he last spoke with Gergely about 10 days ago. An Altoona-based attorney who has represented more than 300 victims of child sex abuse, said that for victims almost anything can trigger powerful memories and emotions, from a television program to a wedding at a church.

“Those triggering events can bring back the demons, the dark thoughts that they try to forget,” he said.

In the wake of the clergy sex abuse scandal out of the Boston Archdiocese, Hoover, Gergely and several others in 2005 settled a civil suit against  the Altoona-Johnstown Diocese, Bishop Joseph Adamec, and former Bishop Joseph Hogan. The suit claimed the church should have known about the abuse and was negligent. Gergely and the others won their suit, but filed a release waiving future rights to claim. The retroactive measure would not have allowed him to file another claim. Hoover said it would have accomplished something else.

“We won but that doesn’t make the issues go away,” Hoover said. “It helps reduce the amount of self blame.”

Rep. Mark Rozzi, D-Berks, who spearheaded child sex crime laws reform legislation in the House, said he was heartbroken over the news about Gergely.

“This is why I’m so passionate about my legislation,” said Rozzi, himself a survivor of clergy sex abuse. “Victims of childhood sexual abuse continue to endure immeasurable pain daily.  Brian’s suicide is just one example of how victims deal with their everyday struggle.  Some are barely hanging on.”

Rozzi, who in the House, had pushed for retroactivity in the reform legislation, said the defeat of the retroactive measure in the bill for victims “dashed their hopes of ever having their voices heard in a court of law.”

“The removal of the retroactive statute was a devastating blow to many of these past victims,” he said. “The Senators used constitutionality as the guise for the removal of that language.  That decision should be left to the PA Supreme Court to make, not Senators pretending to be justices.”

House GOP spokesman Steve Miskin said Gergely’s death was a “tragedy and terribly unspeakable that it came to that.”

“Obviously with the retroactivity there were those who believe it was unconstitutional,” he said. “That’s  where we have been for a number of years. But the fact remains that the Supreme Court has never specifically decided on these cases on retroactivity. The feeling was in the House let’s  get this done. Let’s give the the victims a chance. Let’s let the courts decide. The Senate obviously felt differently.”

Miskin said he could not anticipate what the House will do with the amended bill.

Marci Hamilton, a Distinguished Scholar in Residence at the University of Pennsylvania and the founder of CHILD USA, pointed out the scientific evidence that the incidence of suicide among survivors of child sex abuse is significantly higher than the general population.

“One of the most difficult aspects of dealing with the stress of statute of limitations reform in the state legislatures is the fragility and vulnerability of some of the survivors who bravely come forward,” Hamilton said. “This is heartbreaking and a warning to society that there is much at stake in denying survivors justice.”

Hamilton said the amended HB1947 “froze out” a generation of victims.

“They were informed repeatedly about the studies showing that these victims have a higher rate of suicide, PTSD, depression, and addiction,” she said. “Those are irrefutable facts.  The horrific part is that the Senators did it for greedy insurance lobbyists and the corrupt bishops who covered up for all of the Brians in Pennsylvania. Worse, he is not the only survivor struggling to keep his head above water after ten years of Pennsylvania lawmakers dithering and obfuscating.”

The retroactive measure in the bill was widely defeated under the argument that reviving expired statutes of limitations violated the state’s Constitution. That argument was made several times by a handful of expert witnesses at hearings, including state Solicitor General Bruce Castor, as well as Senate President Pro Tempore Joe Scarnati, R‑Jefferson County, who introduced the amendments to the bill, including the elimination of retroactivity

Opposition to the retroactive measure was mounted largely by the Pennsylvania Catholic Conference, the insurance industry and several business lobby groups – all of which argued that the measure would be detrimental to their interests and singled them out unfairly.

Scarnati on Sunday said: “We empathize with all victims of child-sex abuse — young and old — and their families. We continue to work to provide an effective and permanent law that offers another important tool for prosecutors and  protections for survivors of abuse and future victims.”

He noted that under his amendment, HB 1947 expands the criminal and civil statue of limitations for child-sex abuse survivors. The bill provides those who have been abused in the past for whom the statute of limitations has not expired the ability to sue organizations until they turn 50. Those who are abused on or after the effective date of the bill will have until age 50 to sue organizations, and beyond that time will be able to sue individuals. Survivors will also be able to sue governmental defendants, if applicable, by lowering the standard from “gross negligence” to “negligence,” meaning it is easier for survivors to seek recourse.

In a written statement, Amy Hill, spokeswoman for the conference said: “Words cannot express the sorrow that comes with the tragic loss of Brian Gergely. Brian and his family are in our prayers.  We stress that help is available to all survivors of childhood sexual abuse. All 10 Pennsylvania dioceses financially cover the expenses of counseling or treatment services offered through local resources not affiliated with the Church.  Anyone who is abused should immediately contact law enforcement and anyone who is struggling should contact their county’s crime victim support services office, or a group like www.MaleSurvivor.org, www.1in6.org,  www.rainn.org, and others.”

Hill reiterated the details of the assistance provided by the church to sexual abuse survivors. The assistance that survivors receive through the dioceses, Hill noted, is directed by counselors and professionals independent of the church.

“We will pay for these services no matter how long ago the crime was committed and for as long as necessary,” she said.

Hamilton urged lawmakers to make reform of the statute of limitations a “non-controversial pathway to healing and justice.”

She urged the House to restore a retroactivity measure to HB1947.

More than three dozen states across the country have installed similar reforms.

“The sky has never fallen in a state that took this important step, and it won’t in Pennsylvania either,” Hamilton said.

003

Gonsman said she fears other victims like Gergely will succumb to the feelings of hopelessness.

“You have victims who are very fragile,” she said. “A lot of them have been following the statute of limitations reform and hanging on every word, every hearing. I know they have to be devastated.”

Hoover said he had a message for the General Assembly with regards to the reform legislation and the abuse of children: “This is terrorism. We have been terrorized and they are terrorists. They need to get strong on the church and do what is right and expand the ability for people  to have a sense of justice. It’s not going to solve emotional elements but you will have sense of justice….and it’s on the record that someone believes us.”

Gergely was the son of Esther and Jerry Gergely Sr. His sister, Brenda, and brothers, Jerry Jr. and Mark, are all of Ebensburg

Gergely graduated in 1988 from Bishop Carroll High School, where he was a star running back. He received a bachelor’s degree in criminal justice from Edinboro University in 1992. He also is a graduate of the Applied Behavioral Analysis Institute of Pennsylvania and went on to pursue a career in the mental health field.

He was an advocate for victims of sexual abuse within the church, and wrote a book, “The Last Altar Boy: A Memoir,” which was in the process of being published.

Information on funeral services:

Friends received from 2 to 4 and 6 to 8 p.m. Tuesday at Matevish and Matevish Funeral Home, 307 N. Center St., Ebensburg.

Funeral Mass at 11 a.m. Wednesday at Holy Name Catholic Church, the Rev. Monsignor David Lockard.

Committal, Holy Name Cemetery, Ebensburg.

Complete Article HERE!