Category Archives: Altoona Johnstown Roman Catholic Diocese

Ebensburg man, child abuse victims advocate, takes own life


Ebensburg man, child abuse victims advocate, takes own life

From the Link: http://www.tribdem.com/news/local_news/ebensburg-man-child-abuse-victims-advocate-takes-own-life/article_1304b550-d75a-5ea0-b3a1-d88902c61fe3.html

In 2003, Brian Gergely, right, and Kevin Hoover show old photographs of themselves during a news conference in Altoona, Pa. They said the pictures were taken during the time they allege a Roman Catholic priest sexually abused them while they were altar boys. The men, along with three others, sued the Altoona-Johnstown diocese, about 80 miles east of Pittsburgh, Bishop Joseph Adamec, and former Bishop Joseph Hogan, claiming the church should have known about the abuse and was negligent. (AP Photo/Keith Srakocic)

In 2003, Brian Gergely, right, and Kevin Hoover show old photographs of themselves during a news conference in Altoona, Pa. They said the pictures were taken during the time they allege a Roman Catholic priest sexually abused them while they were altar boys. The men, along with three others, sued the Altoona-Johnstown diocese, about 80 miles east of Pittsburgh, Bishop Joseph Adamec, and former Bishop Joseph Hogan, claiming the church should have known about the abuse and was negligent. (AP Photo/Keith Srakocic)

A onetime sexual abuse victim who has spoken out about clergy abuse in the diocese has died.

Brian Gergely, 46, was found dead July 1 inside his Ebensburg home of a self-inflicted injury, Cambria County Coroner Jeffrey Lees said Tuesday.

The Ebensburg man died of asphyxiation, he said.

Gergely was a 1988 graduate of Bishop Carroll Catholic High School, where he was a standout running back for the football team.

Over the years, he worked as a behavioral health specialist and therapeutic support staffer who spent years counseling youth.

In recent years, he went public about abuse he suffered in the 1980s at the hands of his church’s former priest, the Rev. Francis McCaa. Gergely said he hoped his willingness to speak out would encourage others to step forward and begin to overcome their own private struggles.

In its March 1 report of widespread child sexual abuse by clergy across the Altoona-Johnstown Roman Catholic Diocese, the state attorney general’s office called McCaa “a monster” who groped and “fondled the genitals of numerous children” who attended or served at Holy Name Church in Ebensburg.

The report estimated that McCaa’s victims numbered “in the hundreds.” McCaa died in 2007.

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‘He was a monster’: how priest child abuse tore apart Pennsylvania towns


‘He was a monster’: how priest child abuse tore apart Pennsylvania towns

A grand jury report issued last week details abuse by dozens of Catholic leaders in the small communities of Altoona-Johnstown from the 1950s to the 1990s

in Ebensburg, Pennsylvania
Tuesday 8 March 2016

From the Link: https://www.theguardian.com/us-news/2016/mar/08/catholic-priest-child-sex-abuse-ebensburg-pennsylvania

In 2003, Brian Gergely, right, and Kevin Hoover show old photographs of themselves during a news conference in Altoona, Pa. They said the pictures were taken during the time they allege a Roman Catholic priest sexually abused them while they were altar boys. The men, along with three others, sued the Altoona-Johnstown diocese, about 80 miles east of Pittsburgh, Bishop Joseph Adamec, and former Bishop Joseph Hogan, claiming the church should have known about the abuse and was negligent. (AP Photo/Keith Srakocic)

In 2003, Brian Gergely, right, and Kevin Hoover show old photographs of themselves during a news conference in Altoona, Pa. They said the pictures were taken during the time they allege a Roman Catholic priest sexually abused them while they were altar boys. The men, along with three others, sued the Altoona-Johnstown diocese, about 80 miles east of Pittsburgh, Bishop Joseph Adamec, and former Bishop Joseph Hogan, claiming the church should have known about the abuse and was negligent. (AP Photo/Keith Srakocic)

One of Brian Gergely’s fellow altar boys had a code he would use to signal danger in the room where they and the priest prepared for mass.

“He would say ‘red buttons’, and that was the alert that the priest was coming up behind you, and we would try to get away from him, running around the desk in the middle of the room where he kept the chalices, the host and the wine,” said Gergely, 46.

Gergely was 10 at the time.

The priest was Monsignor Francis McCaa, a commanding figure in the small Pennsylvania town of Ebensburg in his black cassock with the red buttons, and one of dozens of Catholic leaders named in a devastating report issued last week by a state grand jury detailing appalling child sex abuse in his diocese and a systematic cover-up by the church.

“I was standing in the sacristy and he pinned me to the desk. I was just a little guy,” Gergely said. McCaa assaulted him there and also while the boy gave confession, at the Holy Name church where his family worshipped.

“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.”

Other priests named in the report worked in the past at the school, where Gergely recalls being subjected to tough corporal punishment.

With a population of just 3,300, Ebensburg has been jolted by the horrifying details of past abuse in its midst. The grand jury report issued by Pennsylvania attorney general Kathleen Kane describes sex crimes committed on children from the 1950s through the 1990s all across the sprawling Altoona-Johnstown diocese that lies between Pittsburgh and Harrisburg, involving more than 50 church leaders and hundreds of victims. And it reveals previously concealed church documents showing lists of secret payouts made to victims in the diocese.

Bishop Joseph Adamec

Bishop Joseph Adamec

The pattern of offenses, cover-ups and shuffling accused priests from parish to parish echoes the huge scandals already exposed in Boston, Philadelphia, and elsewhere in recent times.

The report also establishes that church authorities in Altoona-Johnstown knew decades ago what was going on, as did some civic officials and senior figures in the criminal justice system. Many details came out in public in one of the few high-profile civil lawsuits in the early 90s, filed against Father Francis Luddy, a priest who served in both Altoona and Johnstown.

But instead of leaping into action, authorities in Pennsylvania did little, the report asserts, and there was relatively little public outcry.

Now the extent of abuse in the diocese is being unveiled, though notably after the statute of limitations has expired for both criminal and civil action, and with many – but not all – of the perpetrators and their enablers already dead.

Lying midway between Altoona and Johnstown in the Allegheny mountains, Ebensburg is typical of the many small communities across the diocese, steeped in the Catholic tradition and striving to prosper in the face of declining traditional industries, especially coal mining.

McCaa’s reported depravity on his young flock stands out.

“Father Francis McCaa was a monster,” the grand jury stated.

The investigation found 15 of his alleged victims, abused between 1961 and 1985.

Bishop Mark Bartchak

Bishop Mark Bartchak

“In some cases children tried to report their abuse to their parents … but were not believed … the grand jury aches at hearing the hopelessness these victims felt when being offended on by a pastor they were taught to respect and honor,” the report says. Some parents punished their children for accusing the “friendly” monsignor, the report says, though at one point the bishop at the time, James Hogan, was confronted by a group of “outraged parents” and promised action.

Hogan met with district attorney Gerald Long and assistant DA Patrick Kiniry, both now serving as judges in the area, the report says, though no charges were brought.

McCaa was removed from the diocese and replaced with a priest who is also named in the report as a pedophile.

McCaa retired in 1993 and died in 2007. Hogan died in 2005.

Gergely was at the courthouse in Ebensburg on Friday to witness three state lawmakers holding a small public event in the marbled vestibule to announce a call for more action.

The three pledged to fight for legislation – which has been stuck for many years in committee in the state capital of Harrisburg– on whether to abolish the statute of limitations in civil cases involving child abuse. They also plan to introduce a bill to create a special, two-year window allowing past victims to sue the church.

“Just in this borough, it’s like a cancer,” said the state senator David Burns. “Everyone here knows a victim, even though they may not know they know it. The attorney general did not say the investigation is closed and there may be more to come. They estimate that in a single little town like this, McCaa affected a generation of kids.”

And people may not have realized the extent to which tears in the fabric of the community were ripped by McCaa and his ilk, Burns said.

Father Francis B McCaa head stone

Father Francis B McCaa head stone

“We have a large drug problem in our area, we deal with high driving-under-the-influence (DUI) arrests, and we just think that’s because the community is poor and unemployed, but it could be that a lot of these kids have had a hard time integrating into society because of the impact of this abuse. It strains family and sexual relationships, and it often takes years, especially for a man, to report something,” said Burns.

He said he had no reason to believe that abuse was not continuing after the period covered in the report and he hoped there would be further action.

Nationally, John Salveson, founder of the campaign group the Foundation to Abolish Child Abuse, and other activist groups, such as the Survivors Network of those Abused by Priests (Snap), are calling on Barack Obama to launch a federal investigation.

State assemblyman Mark Rozzi’s district is outside the Altoona-Johnstown diocese. But he is calling for a grand jury investigations in every diocese in Pennsylvania.

Rozzi said that legislators at the state assembly in Harrisburg were “running away and hiding in their offices, refusing to speak to me” when he tried to talk about taking government action against the abuse.

Rozzi, now 44, said when he was 13, he fell prey to his priest, Edward Graff.

When Graff invited a school friend of Rozzi’s to the rectory, too, the boy realized he was not the only one. Rozzi recalls Graff telling the friend to wait, while he took Rizzo into the shower and raped him.

“I remember staring at this bit of the shower wall and thinking: ‘I can stand here and take this or I can run,’” he said.

Rozzi shoved the man off him and raced out of the shower, grabbing some clothes and yelling to his friend to flee.

“I was running down the hall of the rectory, basically naked. Father was screaming at us. I said to my friend: ‘No one can know about this,’” he said. They ran away, terrified.

Rozzi became a star athlete at college, but suffered psychologically. He had appalling nightmares about being chased and raped by the priest, dreams which he tried to quell with marijuana. He credits his wife, whom he met at college, for helping to save his sanity.

After unsuccessfully lobbying the state assembly, while in his thirties, to take action on child abuse, Rozzi ran for office himself. Three of his childhood friends who also suffered sexual abuse by priests have killed themselves, the most recent on Good Friday last year.

Brian Gergely started drinking at 10 after he says he was groped by McCaa. Disappointing grades at school and two DUI convictions thwarted his ambition to become a lawyer. He is now a behavioral therapist for kids with special needs, has trouble keeping a girlfriend and is single, he said. In 2006, he tried to hang himself.

The bishop who succeeded James Hogan, Joseph Adamec, who has since retired, testified to the grand jury. He is excoriated in the report for failing to take action against numerous abusive priests, while ignoring victims. The report says church leaders sought to discredit victims and their families.

Adamec was not at home on Friday evening at the address publicly listed for him in Hollidaysburg, near Altoona, and could not be reached for comment.

But at his house next to the church where he is pastor in Altoona, Monsignor Michael Servinsky, 69, answered the door and spoke while standing in his hallway beneath portraits of the pope and the current bishop of the diocese.

Servinsky was cited in the grand jury report as having failed to notify law enforcement in 2001 and 2002 about two priests who admitted past abuse to him, one of boys the other of girls.

Servinsky denied to the Guardian that he had done anything wrong.

“I think the grand jury did quite a hatchet job on Bishop Joseph – they did him in. He was very concerned about making sure the victims got covered [financially]. And they talk about Bishop Hogan manipulating the legal system. No. I know situations where police and judges would collar him and say: ‘Get that guy out of here and we will not prosecute.’ We are talking about a different age, going back 40 or 50 years,” he said.

Servinsky added, however, that there was “no excuse” for child abuse.

He said some priests were dismissed and others were allowed to retire “because if we dismissed them, they would not have any income, and that would not be just”.

Asked whether the priests should be in prison, Servinsky argued that pedophilia has always been a problem going back millennia and in 2016 “we are still dealing with the same problem”, so what good would prison do?

“We have capital punishment and there are still murders,” he said, adding: “Most of the victims who came to us were not interested in taking it to law enforcement. They didn’t want to testify.”

Two miles up the street, the basilica-style Cathedral of the Blessed Sacrament overlooks downtown Altoona.

Around 100 parishioners attended a Lent service there on Friday evening. Numerous priests named in the grand jury’s report served at the cathedral during their careers, and the report found that children were raped on the premises.

Emerging with her adolescent son, Tina, a physical education assistant born and raised in Altoona, who preferred not to give her last name, said she thought the turnout at the service had been “three times as high as normal” as people showed their support for the embattled diocese.

Inside, Father Dennis Kurdziel had just finished presiding.

He said he was “stunned and sickened” by the revelations in the grand jury report and regretted that it forced all those “wearing the collar” to feel the eye of suspicion, whether accurate or not.

“It takes your breath away. I felt this week like I was hit in the face with a two-by-four,” he said.

Current Altoona-Johnstown bishop Mark Bartchak apologized on Thursday. But state lawmakers Burns, Rozzi and John Wozniak said the test of his sincerity would be what he and other leaders do now.

Kurdziel said: “We should not hide behind the statute of limitations. If it could somehow help and protect people, then we should do it. I have a responsibility as a priest. I don’t like to think of it as power.”

Asked what a young parishioner should do if a man of the church attempts to touch them inappropriately, he said: “Smack them in the face as hard as you can and run to a cop.”

 

Catholic parishioners urged to help defeat SOL reform; one parishioner walks out of Mass


Catholic parishioners urged to help defeat SOL reform; one parishioner walks out of Mass

By Ivey DeJesus | idejesus@pennlive.com
Email the author | Follow on Twitter
on June 06, 2016 at 5:20 PM, updated June 07, 2016 at 6:55 PM

From the Link: http://www.pennlive.com/news/2016/06/catholic_child_sex_crimes_law.html#comments

Catholic parishioners across the state this past weekend were read a letter urging them to encourage their state lawmakers to defeat a bill that would amend the state’s child sex crime laws. House Bill 1947, which is now in the hands of the Senate, would reform the statute of limitations.

At 72, Nancy O’Brien has been a devout Catholic all her life.

On Sunday, O’Brien walked out of Mass in disgust. She did so after her priest at St. Anthony of Padua in Ambler, just outside Philadelphia, read a letter from the head of the archdiocese encouraging parishioners to help defeat a proposed legislation that would reform the state’s child sex crimes.

St. Anthony’s wasn’t the only parish to receive the letter. All 219 parishes across Philadelphia were read the letter from Archbishop Charles Chaput urging them to contact their lawmakers by mail or telephone and encourage them to vote against House Bill 1947, which would reform the statute of limitations.

“It was bull (expletive),” O’Brien said on Monday. “I don’t have to listen to this bull (expletive) anymore. I’ve been a practicing Catholic all my life. I’m not going to be anything else. I  thought it was an insult. I  know what’s been going on.”

House Bill 1947, which was approved in the House by a near-unanimous vote in April, is slated to be taken up for a hearing by the Senate Judiciary Committee next Monday.

In his letter, which was provided in English and Spanish, Chaput argues that the bill “poses serious dangers” to all parishes, ministries, charities and schools. He urges parishioners to write or telephone their local state senator and members of the state Senate Judiciary Committee to vote against HB 1947, especially any retroactivity provision in the civil statute of limitation covering sexual abuse.

Archbishop Charles J. Chaput. Hypocrite and Pedophile Defender of the Unholy Roman Catholic Church.

Archbishop Charles J. Chaput. Hypocrite and Pedophile Defender of the Unholy Roman Catholic Church.

“All of us are rightly angered by the crime of sexual abuse,” Chaput writes. “Over the past decade the Church has worked very hard to support survivors in their healing, to protect our children and to root this crime out of Church life.  But HB 1947 and bills like it are destructive legislation being advanced as a good solution. The problem with HB 1947 is its prejudicial content.  It covers both public and religious institutions — but in drastically different and unjust ways.  The bill fails to support all survivors of abuse equally, and it’s a clear attack on the Church, her parishes and her people.”

In addition, parish priests also distributed inserts in both languages, explaining the statute of limitations issue, as well as steps the Philadelphia Archdiocese has taken to address clergy sex abuse and the needs of victims. The second document outlined the negative impact the bill would have on parishes, schools, and charitable ministries.

Ken Gavin, spokesman for the archdiocese, said the reading of the letter was not a mandate.

“The Archbishop requested that pastors do this and strongly encouraged it, but he did not mandate it,” he said.

The main provisions of House Bill 1947 include:

  • The elimination of criminal statutes on future sex crimes against children;
  • A 20-year extension to the current civil time limit (to age 50 for victims under 50)
  • The waiving of sovereign immunity for state and local public institutions (such as public schools) in cases of gross negligence.
  • A retroactive component that would allows past victims of child sex abuse to file civil claims up to the age of 50. (Under current law, victims of child sexual abuse are barred from seeking civil action after they reach the age of 30.)

Gavin said efforts by the Catholic Church to reform the law and to help victims are often overlooked in the conversation on reform.

“As people learn more about HB1947 and what the Church has done for more than a decade to help survivors of abuse and prevent child abuse, they’re seeing that the Church has done more in these areas of reform than any other private or public institution,” he said. “They’re also seeing that the currently proposed legislation excludes the many victims who suffered abuse in public institutions and that it holds public and private institutions to drastically different standards for the same bad acts.”

Requests for information from the Harrisburg Diocese and the Altoona-Johnstown Diocese were not immediately granted Monday.

Monsignor Stephen P. McHenry, senior pastor at St. Anthony of Padua, said he read the archbishop’s message because he agrees that the legislation is flawed – primarily its lack of uniformity in its retroactive provisions.

“I don’t think that’s fair legislation,” McHenry said. “I don’t think it’s a good bill. If abuse is as bad as it is and it is, everybody should have coverage.”

McHenry said he has been dealing with the clergy sex abuse scandal since 2002, the year of the first grand jury report showing widespread clergy sex abuse and its cover-up by church officials.

“I know some of those priests and the people abused,” he said. “It’s been a very, very bad period for over 10 years but I  do think we are trying to do things to be helpful. I  think there is need for legislation but I  don’t think this is the legislation.”

McHenry has written to the chairman of the Senate Judiciary Committee Sen. Stewart Greenleaf, asking him to amend the bill so it has a wider scope or write new legislation.

He said he is aware that some of his parishioners feel strongly about reform.

“I  think some of my parishioners have experience with the people that were abused,” McHenry said. “They would like the church to have to pay big penalties so that it understands it did a very bad thing. I understand that viewpoint but this viewing of only singling out certain groups and not extending it to every child, I don’t think it’s good.”

In his letter, Chaput echoes a long-held stance by the church – particularly its legislative branch, the Pennsylvania Catholic Conference – that the bill would have a catastrophic financial impact on the archdiocese.

Private and religious entities, he argued, would face “unlimited liability for exactly the same evil actions,” and not just going forward, but also in the past.

“This is not justice,” Chaput writes. “In fact, HB 1947 actually excludes most victims.  And it also targets innocent Catholic parishes and families, like your own, who will bear the financial burden of crimes committed by bad individuals in the past, along with the heavy penalties that always result from these bad bills.”

The archdiocese, like scores of other dioceses across the country, was rocked by grand jury investigations that found decades of widespread clergy sex abuse and its cover-up by church officials. Earlier this year, the Altoona-Johnstown Diocese became the latest diocese in Pennsylvania to be investigated for allegations of clergy sex abuse. A grand jury investigation out of the diocese found patterns now similar across other diocese – that of years of the abuse of children at the hands of diocesan priests and the cover-up of the abuse by church leaders.

O’Brien, a member of Voice of the Faithful, a reform advocacy group, anticipates the church is not going to let up trying to defeat the bill. She said she would continue going to Mass – noting that attendance at her parish is on the decline.

“They say we are so afraid we won’t be able to help the poor,” she said. “Give me a break. They could care less about the poor. I’ve seen so many people get hurt by their refusal to do anything.”

Gerald T. Slevin, Update–Criminal Charges of Vatican Child Abuse Cover-Up


From the link: http://bilgrimage.blogspot.com/2012/04/gerald-t-slevin-update-criminal-charges.html

Gerald T. Slevin, Update–Criminal Charges of Vatican Child Abuse Cover-Up

Monday, April 16, 2012

Jerry Slevin continues to be vigilant about what’s happening with Catholic church officials and the child abuse cover-up, from a legal standpoint.  He has just sent another outstanding statement, this one about SNAP’s filing last week of new charges updating their previous filing of criminal charges against the Vatican with the International Criminal Court, for the Vatican’s internationally orchestrated cover-up of sexual abuse of minors by Catholic clergy.
Here’s Jerry’s statement:
SNAP, the international victims advocacy network, filed on April 11, 2012 with the International Criminal Court (ICC) a 19 page letter (“New Charges”), plus supporting documentation, updating  SNAP’s  prior September  2011  original  charges ( “Original Charges”).
The New Charges, include additional evidence supporting SNAP’s allegations against Pope Benedict XVI (Joseph Ratzinger) and three top Vatican subordinates, Cardinals Bertone, Levada and Sodano. SNAP alleges this Vatican clique for years has been, and still is, orchestrating a worldwide criminal cover-up by Catholic bishops of  priest child sexual abuse, including acts involving  systemic rape, sexual violence and torture, of hundreds of thousands of defenseless children. These collectively would constitute “crimes against  humanity” under the ICC treaty.
After SNAP filed the Original Charges, almost 500 additional victims from over 60 countries contacted SNAP with new allegations that SNAP has added to the Original Charges. The New Charges (accessible by clicking here) also contain brief and clear updates, with citation links, concerning other recent relevant developments since the Original Charges, including:
(1) September 2011: The issuance of the scathing and devasting report, “In Plain Sight”, by Amnesty International Ireland, concerning the recent  history of priest sexual abuse of children  in Ireland and of the Irish government’s “hands off” approach until recently  to the Catholic Church hierarchy’s and priests’ appalling misdeeds;
(2) October 2011: The indictment of Cardinal Justin Rigali’s protégé, Opus Dei Bishop Robert Finn of Kansas City, for failing to report a child pornographer priest, and the April 5, 2012 court decision denying Finn’s motion to dismiss the criminal charges;
(3) November and December 2011: The issuance in Ireland of the sordid remainder of the Cloyne Diocese Report and the results of governmental audits in six additional Irish dioceses, all confirming in varying degrees a familiar pattern of abuse and bishops’ cover-up;
(4) December 2011: The issuance in the Netherlands of the massive Deetman report indicating tens of thousands of Dutch children had been sexually abused by priests over several  decades, supplemented by reports of several children being castrated following their reporting that they were sexually abused by clerics;
(5) January 2012: The publication of several articles highlighting the escalating  reporting of priest abuse of children in Poland and the special difficulty of getting governmental officials to confront the entrenched Polish Catholic hierarchy on priest abuse issues;
(6) March 2012: The publication by a former Legion of Christ priest of evidence of special canon law favoritism by the Pope and Cardinal Bertone towards admitted sexual deviant, Fr. Maciel, of Mexico;
(7) March-April 2012: The unprecedented ongoing  Philly criminal trial of a former top aide to Cardinals Bevilacqua and Rigali and the almost daily revelations of a decades-old cover-up, including document shredding by bishops and another  bishop’s admission under oath that  the important priest personnel decisions were always made by the Cardinals. The trial is establishing that a similar cover-up pattern was followed over a half-century by three different Cardinals with episcopal experience from five dioceses in four states, as well as in Rome. Each of the three Cardinals had close ties to the Vatican. The common cover-up pattern is indicative of at least policy coordination with Rome and, in some instances even, of direct coordination, as SNAP has alleged to the ICC generally with respect to the Vatican clique. This is discussed in more detail in my April 13, 2012 article about the Philly trial, accessible here.
(8) February-April: In New York, District Attorneys in the State Capitol, Albany, area have banded together to tighten up significantly the handling of claims of child sexual abuse by priests. In Milwaukee, a Federal bankruptcy judge has to date ruled against releasing massive records relating to priest child abuse in the Milwaukee Archdiocese. Generally, the US bishops’ latest annual report confirms a rise in overall priest child sexual abuse claims, including some  additional new claims, as well as the continued failure of some bishops to follow even the weak US bishops’ child protection guidelines.
In addition to the foregoing, the New Charges also spell out clearly the long standing directives to the bishops from the Vatican to resist adopting mandates that Catholic bishops must promptly report priest child abuse claims to the police.
Finally, the New Charges crisply summarize the effort of senior US bishops and their highly paid apologists and attorneys to retaliate against SNAP, apparently for filing criminal charges against the Vatican clique with the ICC. The recent appointment of a woman and a mother as the new ICC lead prosecutor may be giving the Vatican clique some sleepless nights about SNAP’s ICC case. The New Charges will likely only increase the retaliatory efforts against SNAP.
The protections from prosecution  surrounding the pope have been extensive to date, but they may eventually prove to have been in vain. The pope runs a tight ship, perhaps a throwback to his teenage German military service in the dangerous days at the end of World War II. For more infomation on this, please read the comments under, “An Opportunistic Pope,” “The Pope at the Masters” and “Kids, Women and Bishops Beware,” accessible by clicking here.
The International Criminal Court, or the ICC, is structurally independent of the United Nations and the World Court, and was established as a permanent tribunal at the Hague, Netherlands, a decade ago by an international treaty now ratified by over 120 nations that are annually assessed to support the ICC’s staff of over 500 professionals, as described here.
The ICC’s  special focus is on handling crimes against humanity, genocide and war crimes that, for various reasons, cannot readily be tried elsewhere, as in this case involving the Vatican. Given the geographical and chronological scope of the Vatican clique’s alleged crimes against humanity, there appears to be clear ICC juridiction over the Vatican clique if the ICC prosecutor decides to pursue the criminal case fully. Decisions to pursue criminal prosecutions frequently take a long period to evaluate, given the voluminous facts and documents, etc., sometimes taking over a year just for the decision to prosecute.
A new lead ICC prosecutor, Fatou Bensouda, presently Deputy Prosecutor, takes office  in a few weeks. She has been an advocate on behalf of African victims of violence, including those in Rwanda, and is a mother with two sons, one of whom reportedly  lives currently in the United States.  For more on Mrs. Bensouda, please see this recent Irish Times article.
Ironically, as the pope is increasingly engaged in a war against women’s rights  as part of his US efforts to replace Barack Obama, the pope’s fate may now be decided initially by a woman ICC prosecutor in a case led by a woman, Pam Spees, a no-nonsense and very competent international human rights attorney, with her excellent professional colleagues and experienced staff at SNAP’s legal advocates, the Center For Constitutional Rights, an exceptionally successful and highly regarded human rights advocacy group based in New York City and described more fully here.
For 300 years, the early Church generally prospered and grew under and obeyed  Roman law applicable to all Romans, including bishops. For most of the next 1,700 years after Constantine’s virtual takover of the Church hierarchy, the imperial Church hierarchy have mostly made their own rules as an unaccountable hierarchical monarchy and frequent player in European power politics. The power politics ended substantively in 1870  when the Papal States were lost to Italian populists, but the pope still clings to the fantasy that the Vatican is a sovereign nation and player yet in power politics. Of course, the hierarchy has personally benefited, and continues to benefit, greatly from the monarchical structure, which is mainly why it  fights so fiercely to maintain its power and wealth.
Almost 150 years later, the pope is still resisting becoming accountable to the international rule of law that applies to almost all other world leaders and nations. The ICC  and European financial regulators will likely soon change that permanently.

Cross-posted on Open Tabernacle, 16 April 2012.

Los Gatos Priest Beating Case Trial Date Now Changed to June


from the link: http://losgatos.patch.com/articles/los-gatos-priest-beating-case-trial-date-now-changed-to-june

Los Gatos Priest Beating Case Trial Date Now Changed to June

Pretrial motion Friday postponed until May 3, with jury selection taking place May 14 and presentation of evidence June 19.

By Sheila Sanchez April 7, 2012

William Lynch

 

Friday’s scheduled pretrial motions in the case against a San Francisco man accused of beating a priest at the Los Gatos Sacred Heart Jesuit Center in May of 2010 have been postponed until 9 a.m., May 3.

William Lynch, 44, has been arraigned on one count of felony assault with intent to cause great bodily injury and one count of elder abuse under circumstances likely to produce great bodily harm or death. He has pleaded not guilty to both charges.

The scheduled hearing was changed since presiding Santa Clara County Superior Court Judge David Cena is tied up with a homicide trial that is running longer than expected.

The pretrial motions hearing, a time for any legal issue that will arise during the high-profile trial to be addressed by the prosecution and the defense, will be followed by jury selection May 14

The presentation of the evidence is expected to start on or around June 19, instead of the earlier reported date of May 29, said Santa Clara County Deputy District Attorney Gemetti.

Jury selection will be performed using jury questionnaires with potential jurors being called in to court and given the document to fill out and then reviewed by the attorneys.

Counsel will then meet and discuss which jurors need to be questioned for so-called “cause,” necessary in every trial to weed down the full veneer of potential jurors to the 12 jurors and alternates who will sit on the case, explained Gemetti.

Attorneys will question the jurors for any biases or any impediments to sit for “cause,” such as someone having been convicted of a similar crime or who may have a family member working in the DA’s office or law enforcement and their objectivity is compromised.

After the panel has been passed for cause, meaning there are no legal reasons why the jurors can’t sit on the case, each attorney will have 10 pre-emptory challenges that can be exercised and they’ll go back and forth to determine which jurors will be sworn in, Gemetti added.

The proceedings are taking place in Judge Cena’s courtroom, department 34 of the Santa Clara County Hall of Justice in San Jose.

“Once we’ve sworn the jury in … we’re going to stick to that schedule to the best of our abilities,” Gemetti said about the delays in the trial start date. “Obviously trials are fluid and things may change and emergencies do happen, but … once we have those 12 people and they’re told the dates, things won’t change too much.”

The questionnaire presented to the jurors will probably be several pages long containing a list of questions and topics, some inquiries from the court and some submitted by the defense and the prosecution.

Lynch is being represented by Pat Harris and Mark Geragos, with the Los Angeles-based law firm of Geragos & Geragos.

Authorities say he walked into the center’s reception area the afternoon of May 10, 2010 and asked to speak to Father Jerold Lindner. He said he had a death notification about a member of the priest’s family and then allegedly assaulted him.

The case is being closely watched by critics of the Roman Catholic Church who allege Lindner raped and sodomized Lynch and his brother when they were small boys in the ’70s while on camping trips.

If a jury convicts Lynch, he’s could serve a maximum of four years in state prison. The court, however, could grant him probation and give him up to one year in county jail, Gemetti said.

“We have been ready for trial for quite some time,” Gemetti said. “I’m quite anxious to get the matter proceeding.”