Category Archives: Diocese of New York
What the church documents reveal
But those aren’t the only stories revealed in some 6,000 pages of documents the church had kept confidential for decades. The documents also shed light on issues pedophile priests were dealing with both before and after they abused children. They include letters to priests from archbishops who failed to face the issue of child abuse head on. And they reveal the anguish of the victims and the victims’ parents.
The documents, which were released July 1 as part of the church’s bankruptcy case, reveal the human side of the scandal.
Some of the priests said they had been sexually abused as children. The victims were often insecure and searching for guidance. And archbishops, in addition to trying to protect the church, felt a pastoral responsibility to priests who were abusers.
Only a few of the accused priests were criminally charged; many denied they did anything wrong. Most left the priesthood with severance pay or were allowed to retire with a pension, health benefits and a place to live. Of the dozen priests included in this story, three are still alive but have been stripped of their priestly ministry: Franklyn Becker, Michael Krejci and Thomas Trepanier, according to archdiocese records.
This story is based on a close review of the pedophile priest files, which include candid letters exchanged between accused priests and archbishops; sexual abuse intake reports; psychological assessments; letters from archbishops to the Vatican seeking counsel or formal action against priests; and letters from victims and their parents.
The pedophile priests
The documents show that many of the priests did not consider themselves criminals, but victims. Some were addicted to alcohol or pornography. They did good work in the church and helped many people. But they also had a dark side they either struggled to control or did not acknowledge.
Many did not express guilt or remorse; they couldn’t understand why they were treated severely after they had accepted counseling and done everything the archdiocese asked of them. Some acknowledged conflicted sexual orientation, loneliness, self-loathing, an inability to form healthy adult relationships. Psychologists concluded that at least one priest’s emotional development was stunted.
Father Eugene Kreuzer confessed to members of an unidentified parish in an undated letter:
“…There were allegations of my sexual abuse of minors some 30 years ago in a different parish. I express remorse and repent of these actions. However, for the good of the community I have decided that my continued presence at the parish is not helpful. I have been fully cooperative with the restrictions placed upon me. I do not exercise anyministry and am living out my life in a spirit of prayer and penance.This is a strong and loving parish community and I know you will respond to thisannouncement in the manner that is most appropriate, by praying for all those involved….”
Father Andrew Doyle sought a financial settlement in a letter to then-Archbishop Rembert Weakland:
” …you had indicated that you would grant me an unspecified amount of money as a severance. Because I have regular bills and a house payment, I ask that if it becomes necessary for a release from my orders, at that time you would consider an amount of $30,000 … I have tried to cooperate with the Archdiocese…I regret any pain I have caused you; I also have been in much myself.”
A letter from then-Archbishop Dolan to then-Cardinal Joseph Ratzinger at the Vatican offered his impressions of Father Franklyn Becker, who Dolan said refused to voluntarily give up his ministry rights as a sign of repentance:
“Father Becker has admitted that a number of these acts of sexual assault occurred… While he attempts to present a defense based on cooperation and need for sustenance, in interviews with him, there is little display of repentance. His sorrow is not over what effect his immoral and abusive behaviors had on others, so much as it is remorse that he has lost a sense of status…”
Several priests were referred for intensive treatment of alcoholism and psycho-sexual issues. A treatment progress report for Father Michael Krejci concluded, among other things:
“…Normal inhibiting mechanisms, such as guilt or remorse, do not appear to impede Michael’s problematic sexual behavior…”
Each archbishop had his own way of addressing accused priests.
Archbishop William Cousins wrote terse, formal letters to inform priests they were being transferred, which occurred frequently and quietly during his tenure from 1959 to 1977. Cousins did not document much, reflecting a time when sex abuse accusations against priests were not openly discussed.
Weakland, archbishop from 1977 to 2002, consistently expressed concern for the priests’ well-being and told them he was doing what was best for them and the church. He also exchanged letters with victims, acknowledging the bad effects of what had happened and encouraging them to forgive because “forgiveness brings spiritual growth.”
Weakland resigned in 2002 amid revelations that he had used church money to pay a $450,000 settlement to a man with whom he had had a sexual relationship years earlier.
Archbishop Timothy Dolan, whose tenure from 2002 to 2007 coincided with a change in direction by the Vatican in dealing with sex abuse cases, wrote stern letters to priests about their actions, while expressing concern for their well-being. In his letters to victims, Dolan apologized for their pain and offered them counseling services.
One internal exchange at the archdiocese was especially frank. This excerpt of a 2006 letter from Archdiocese Chancellor Barbara Anne Cusack to Dolan was about Father Michael Benham:
“Although Michael has apparently expressed remorse to you, I have not seen that remorse translate into action. The victim in this case requested a token amount of money as a gesture of recognition of the harm he had caused; Michael has consistently and adamantly refused to do so…This was not a one-time incident of indiscretion.
“There have to be consequences to actions. I do not doubt that an all-merciful God has forgiven Michael but an all-just God will also probably require some purgation for these actions…Michael’s life of solitude is made possible because we are paying his subsidy and could be doing so for the next 10 years until he is eligible for pension…I am not sure how we can justify this as ‘good stewardship’ of the resources people have entrusted to us… How do I honestly look a victim-survivor in the face in mediation and say we are acting consistently with Pope John Paul II’s statement that ‘there is no place in the priesthood for those who would harm a child?'”
A letter Dolan wrote in December 2002 to parishioners at an unspecified church about Father Thomas Trepanier acknowledged the need for accountability.
“We forgive those priests who have been guilty of this crime and sin, once they admit it — as most do, painfully and admirably — ask for mercy and repent. We know God forgives them; we must forgive them too; and I hope they can forgive themselves.
“Forgiveness, however, does not eliminate the need for those accused to take responsibility, to be held accountable for their behavior.”
One month before Dolan wrote to parishioners about forgiveness for Trepanier, he wrote to Trepanier:
“…While we await clearer resolution from the Holy See and the United States Catholic Conference of Bishops, I just wanted you to know that I have not forgotten about you, and that you have my love, concern, and prayerful solidarity…”
Dolan added a handwritten note in the margin: “Thanks for the green tea! I’ll be in touch soon.”
Seven years earlier, in 1995, a letter from Weakland to Father Eldred Lesniewski reflected a much different tone:
“…Every time you appear in public this way at the altar, Eldred, you risk stirring up people who have brought allegations. The network of such victims is enormous and very aggressive. You risk much unfortunate bad publicity against yourself, the priesthood and the Diocese…”
They were altar boys. Kids in need of a friend or a counselor. Boys and girls who for whatever reason caught the eye of the priest at school or in church. Perhaps the priest initially made them feel special with gifts or extra attention — a sleepover or a vacation on a Caribbean cruise. One priest invited boys to go up north on a camping trip in a hearse.
A man who said he was molested as a boy by Father Lawrence Murphy at St. John’s School for the Deaf finally confronted the priest decades later in a letter copied to Archbishop Weakland and Pope John Paul II:.
“…I cannot keep our secret about your life as a terrible molester at our school…You made us hate the Catholic church because we couldn’t understand how you could be such a hypocrite of a priest who taught us about God while you were the secret molester…
“I would lie awake every night shaking in fear that this would be a night you would touch me …Jesus on the cross on the wall saw you coming every night to molest us. He must have been shocked and grieved every time. I hope he cried like we did, because we were innocent children… The depth of your destruction is like a deep, dark, bottomless pit that has no end…The very least you could do is be sorry, but you aren’t…
“God lets no one into heaven who is not deeply, truly, and shamefully sorry for his sins — in your case, atrocities…My shame and my dirty secret are back where they belong, with you, their creator.”
The mother of one of Father Franklyn Becker’s victims wrote to Weakland in 1994, after accusations about pedophile priests began being reported by newspapers. Her son was abused by Becker at the Holy Family parish in Whitefish Bay in the 1970s, she said.
“As I later found out, this priest had a record in his previous parish and after leaving Whitefish Bay, continued on his merry way in parish after parish, both here and out of state….
“At the time that his offense against my son occurred, I was (redacted) very vulnerable and very committed to seeing that my children be educated in Catholic schools. That’s how he came to know my sons; we took him into our hearts and into our family…
“At no time did it ever occur to me to sue the Archdiocese or the priest… Money could never heal the scars left by one priest’s indiscretion. However, Archbishop Weakland, don’t for a minute smugly think that the only cases of clergy abuse out there are the ones that sue/or run to the media. All I really wanted over the past years was an acknowledgment by you and the Archdiocese that this problem existed and the seriousness of it….
“In addition to a deep sense of guilt for allowing, or even encouraging this to happen to my son some years ago, I have in the past few years experienced a loss of faith, an indifference to the church I was brought up in and now a real bitterness that this particular priest had been ‘rewarded’ with early retirement for a lifetime of botched assignments due to his fondness for the altar boys.”
Father George Nuedling gained sympathy from in-the-dark parishioners one day for an injury he sustained after molesting a victim, according to this letter the victim wrote to the archdiocese:
“…I fought as hard as I could for what seemed an eternity, and fortunately when he lost his grip on me I was able to run away. He tried to give chase but must have pulled something in his calf or hamstring area and fell to the ground (Jesus must have been with me).
“The next day in church it just galled me to hear other parishioners express their concern over Father Nuedling’s ‘bad limp’ and how it must have hurt…I just wonder how many other little boys this evil man harmed?”
Father George Etzel sent a Christmas card in 1992 to a victim, who by then was an adult. “I’m sad and sorry, and I wonder why,” he wrote.
The victim responded: “Thank you for the card and thoughts at Christmas… By the tone of your note…I see that you are also reflecting on your past life…and you know exactly what I am talking about.As I stated earlier, it is a time for forgiveness and hope. I forgive you for the things you have done to me. I hope you can make peace with your god…”
When it was time for his first confession, a 9-year-old victim thought he could anonymously tell a trusted adult about Father Siegfried Widera. But something stopped him, according to a letter he wrote as an adult on Aug. 1, 2002:
“…As I entered that booth, I was determined to end this. It was only to my horror that I entered the confessional and heard that voice that could belong to only one man. I can still to this day feel the devastation that entered me that day and the thought that it was a sign from God to keep my mouth shut. I went home that night and cried. A memory that burns in me to this day.
“A sense of relief only came after I found out he was gone. No explanation to the students and none that I can remember hearing about to the adults… I already know that this man was transferred to another church and he did it again. I live with the thought that I could have stopped this if only I had come forward sooner. And now I know that this man is on the run…
“I only wish I believed enough in prayer to pray for any child he comes across.”
Less than a year after the letter was written, Widera leaped to his death from a hotel balcony in Mexico as officials closed in to arrest him. He had been on the run for more than a year, and authorities considered him one of the most wanted sex-crime fugitives in the Western Hemisphere.
The Catholic church should be outlawed forthwith
JohnB on outlawing the Catholic church today
From the link: http://www.molestedcatholics.com/
Talking whilst driving with my son today and I began to relate to him some details about a foot injury I had as a child. He had come home and shown me a blister on his foot; I told him he had not spent enough time in bare feet – that was the prompt, my topic could be my right foot or how long/harmful/life distorting the repression of the day to day Catholic cover up are – its part of the healing journey and a son who smiled today when he listened to me about this – its the story of how I had to cover up the injury even though I had to have ongoing medical attention and purpose made boots it was always done in the name of something else – my injured foot which had left me with a distinct limp because I walked with my foot turned in as it had been injured seriously when the car door was repeatedly slammed on my foot on the day the priest raped me at a little church in the beautiful hills of Central Victoria – its about how every Catholic knew what the cause was and every Catholic knew I was not permitted to speak about it – they were able to assist me with my pigeon toed-ness but they were not able to help me with my injured foot due to being slammed in the lock of the car door as that was a lie that would send me to hell – that’s why other kids parents were permitted to beat you if they heard you speak about it being what it in fact was. This was a conscious campaign by every catholic in that town, nuns and priests, knights of the Southern Cross, bishops, the local Catholic Policeman, the Editor of the local newspaper included – they all knew and participated – that to me is what the cover up was and the to me is what the cover up is today – that is what Catholic parishes across the world participate in still today – that is the Catholic cover up in action. It is bigger and stronger than just the Catholic hierarchy because so many have built their careers and their fortunes on.
The part skepticism plays in helping to clarify those truths and facts of your life – you realize that your own brothers and sisters were blackmailed in the same way over this and over dozens of other crimes that had occurred and were covered up – there was a regular murmurous uproar as another instances of sexual abuse was gossiped and whispered about and some kid bullied into fear of their life until the rules of secrecy were instilled (rather this repression was the enforcement of denial into the entire catholic population.
If society does not turn away from the path of the Catholic church and if it does not freeze its assets, its businesses then the vast majority of the real crime in our society will never be addressed and the world will never have had a real chance to raise our children in a peaceful, loving and truthful environment. Lets make 2011 the year we all come together to unite in the single cause of demanding our government ceases to trade with and Catholic or religious entity until democracy is restored in our country.
There is no precedent that permits a sector of society to enact genocide on its followers on the basis of religion. That is what we have today and what we have today is insidious and at the core of the ability of society to progress in the areas of human rights, dignity, respect, individuality, freedom of expression of thought and the freedom of speech.
While ever the Catholic church continues to exist and to be able to function as an organized religion it will be in the process of enacting the genocidal practices of the religion against some portion of society and it will continue to enable wars just as any organized religion can and repeatedly to the detriment of society does. The Catholic church is our most obvious example. We can either help the Catholic church to prevail or we can help our children to prevail. For every person on the planet the real choice they have to make is whether they will support the Catholic church or will they support the children.
2011 must be the year when those of us across the world who have an understanding of this and for us to collectively demand our governments brings it to a halt and never permits it to occur again. That is a part of their moral obligation to society. Any politician who today stands in support of the Catholic church should be collectively condemned through our united and collective voices.
Make 2011 the year when you connect up with a proactive survivor who speaks clearly and directly about the needs and the means of providing the safety and the protection our children and our society need.
The Catholic church and those who follow it today need to stand back and permit reason and justice to prevail, to permit each and every person within the boundaries of their country to live with the legitimate right to live in a free and democratic country free of repression and child abuse.
The Catholic church stands condemned as a psychopathic pariah and must be rejected in all forms wherever it is not regulated and policed.
The Church’s Errant Shepherds
By FRANK BRUNI Published: July 6, 2013
BOSTON, Philadelphia, Los Angeles. The archdioceses change but the overarching story line doesn’t, and last week Milwaukee had a turn in the spotlight, with the release of roughly 6,000 pages of records detailing decades of child sexual abuse by Roman Catholic priests there, a sweeping, searing encyclopedia of crime and insufficient punishment.
But the words I keep marveling at aren’t from that wretched trove. They’re from an open letter that Jerome Listecki, the archbishop of Milwaukee, wrote to Catholics just before the documents came out.
“Prepare to be shocked,” he said.
What a quaint warning, and what a clueless one.
Quaint because at this grim point in 2013, a quarter-century since child sexual abuse in the Catholic Church first captured serious public attention, few if any Catholics are still surprised by a priest’s predations.
Clueless because Listecki was referring to the rapes and molestations themselves, not to what has ultimately eroded many Catholics’ faith and what continues to be even more galling than the evil that a man — any man, including one in a cassock or collar — can do. I mean the evil that an entire institution can do, though it supposedly dedicates itself to good.
I mean the way that a religious organization can behave almost precisely as a corporation does, with fudged words, twisted logic and a transcendent instinct for self-protection that frequently trump the principled handling of a specific grievance or a particular victim.
The Milwaukee documents underscore this, especially in the person of Cardinal Timothy Dolan, now the archbishop of New York, previously the archbishop of Milwaukee from 2002 to 2009 and thus one of the characters in the story that the documents tell. Last week’s headlines rightly focused on his part, because he typifies the slippery ways of too many Catholic leaders.
The documents show that in 2007, as the Milwaukee archdiocese grappled with sex-abuse lawsuits and seemingly pondered bankruptcy, Dolan sought and got permission from the Vatican to transfer $57 million into a trust for Catholic cemetery maintenance, where it might be better protected, as he wrote, “from any legal claim and liability.”
Several church officials have said that the money had been previously flagged for cemetery care, and that Dolan was merely formalizing that.
But even if that’s so, his letter contradicts his strenuous insistence before its emergence that he never sought to shield church funds. He did precisely that, no matter the nuances of the motivation.
He’s expert at drafting and dwelling in gray areas. Back in Milwaukee he selectively released the names of sexually abusive priests in the archdiocese, declining to identify those affiliated with, and answerable to, particular religious orders — Jesuits, say, or Franciscans. He said that he was bound by canon law to take that exact approach.
But bishops elsewhere took a different one, identifying priests from orders, and in a 2010 article on Dolan in The Times, Serge F. Kovaleski wrote that a half-dozen experts on canon law said that it did not specifically address the situation that Dolan claimed it did.
Dolan has quibbled disingenuously over whether the $20,000 given to each abusive priest in Milwaukee who agreed to be defrocked can be characterized as a payoff, and he has blasted the main national group representing victims of priests as having “no credibility whatsoever.” Some of the group’s members have surely engaged in crude, provocative tactics, but let’s have a reality check: the group exists because of widespread crimes and a persistent cover-up in the church, because child after child was raped and priest after priest evaded accountability. I’m not sure there’s any ceiling on the patience that Dolan and other church leaders should be expected to muster, especially because they hold themselves up as models and messengers of love, charity and integrity.
That’s the thing. That’s what church leaders and church defenders who routinely question the amount of attention lavished on the church’s child sexual abuse crisis still don’t fully get.
Yes, as they point out, there are molesters in all walks of life. Yes, we can’t say with certainty that the priesthood harbors a disproportionate number of them.
But over the last few decades we’ve watched an organization that claims a special moral authority in the world pursue many of the same legal and public-relations strategies — shuttling around money, looking for loopholes, tarring accusers, massaging the truth — that are employed by organizations devoted to nothing more than the bottom line.
In San Diego, diocesan leaders who filed for bankruptcy were rebuked by a judge for misrepresenting the local church’s financial situation to parishioners being asked to help pay for sex-abuse settlements.
In St. Louis church leaders claimed not to be liable for an abusive priest because while he had gotten to know a victim on church property, the abuse itself happened elsewhere.
In Kansas City, Mo., Rebecca Randles, a lawyer who has represented abuse victims, says that the church floods the courtroom with attorneys who in turn drown her in paperwork. In one case, she recently told me, “the motion-to-dismiss pile is higher than my head — I’m 5-foot-4.”
Also in Kansas City, Bishop Robert Finn still inhabits his post as the head of the diocese despite his conviction last September for failing to report a priest suspected of child sexual abuse to the police. This is how the church is in fact unlike a corporation. It coddles its own at the expense of its image.
As for Dolan, he is by many accounts and appearances one of the good guys, or at least one of the better ones. He has often demonstrated a necessary vigor in ridding the priesthood of abusers. He has given many victims a voice.
But look at the language in this 2005 letter he wrote to the Vatican, which was among the documents released last week. Arguing for the speedier dismissal of an abusive priest, he noted, in cool legalese, “The liability for the archdiocese is great as is the potential for scandal if it appears that no definitive action has been taken.”
His attention to appearances, his focus on liability: he could be steering an oil company through a spill, a pharmaceutical giant through a drug recall.
As for “the potential for scandal,” that’s as poignantly optimistic a line as Listecki’s assumption that the newly released Milwaukee documents would shock Catholics. By 2005 the scandal that Dolan mentions wasn’t looming but already full blown, and by last week the only shocker left was that some Catholic leaders don’t grasp its greatest component: their evasions and machinations.
A version of this op-ed appeared in print on July 7, 2013, on page SR3 of the New York edition with the headline: The Church’s Errant Shepherds.
Archbishop Timothy Dolan Offered $20,000 To Priests Suspected Of Child Abuse To Make Them Leave The Priesthood
Archbishop Timothy Dolan Offered $20,000 To Priests
Suspected Of Child Abuse To Make Them Leave The Priesthood
Back when he was Archbishop of Milwaukee, Timothy Dolan offered priests suspected of misconduct with children payments of $20,000 to induce them to leave the priesthood, according to the New York Times.
The news came out of bankruptcy filings, and is being publicized by a group representing the interests of victims of child abuse. From the report:
A spokesman for the archdiocese confirmed on Wednesday that payments of as much as $20,000 were made to “a handful” of accused priests “as a motivation” not to contest being defrocked. The process, known as “laicization,” is a formal church juridical procedure that requires Vatican approval, and can take far longer if the priest objects.
“It was a way to provide an incentive to go the voluntary route and make it happen quickly, and ultimately cost less,” said Jerry Topczewski, the spokesman for the archdiocese. “Their cooperation made the process a lot more expeditious.”
This is brutal news for Dolan, who was previously praised very highly for his handling of abuse cases in Milwaukee after the reign of the notorious Archbishop Weakland, who stole from church coffers to pay for the lifestyle of his male lover.
Victims’ groups like Survivors Network of those Abused by Priests (SNAP) will counter that these were corrupt payoffs, or even “bonuses” given to suspected rapists.
The Archdiocese and Dolan will argue that this was a small price to pay. If these priests did not accept this payment they would likely remain on the diocesan payroll for much longer during the long process of defrocking them.
Cardinal Dolan has not offered comment to the press.
Gerald T. Slevin, Update–Criminal Charges of Vatican Child Abuse Cover-Up
Monday, April 16, 2012
Cross-posted on Open Tabernacle, 16 April 2012.
From the link: http://wnyt.com/article/stories/S2583334.shtml?cat=300
Local priest on leave; abuse claims investigated
Posted at: 04/16/2012 10:37 AM | Updated at: 04/16/2012 10:54 AM
By: WNYT Staff
CAIRO – The Albany Roman Catholic Diocese has placed Father Jeremiah Nunan on administrative leave from ministry, after allegations that he sexually abused a minor.
Father Nunan was also on leave six years ago, when he faced similar accusations, before he was restored to ministry.
Seventy-four-year-old Jeremiah Nunan is pastor of Sacred Heart Parish in Cairo and Our Lady of Knock Mission in East Durham.
The diocese placed him on administrative leave, after a civil lawsuit claimed that Nunan sexually abused a child between 1996 and 2003, and then between 2007 and last year when that person was an adult.
Reverend Nunan is temporarily barred from officiating at any sacraments, or presenting himself as a priest. Parishioners found out last weekend at mass.
Father Nunan was also on leave in 2006, after being accused of sexually abusing a teenaged boy in the late 1960’s and early seventies.
When NewsChannel 13 reported those accusations six years ago, many parishioners voiced their support of the priest.
The diocese says an investigation by the Independent Mediation Assistance Program could not substantiate the abuse claim, and Nunan returned to his duties.
Reverend Nunan has served at Saint Henry’s in Averill Park, Saint Mary’s in Little Falls, Assumption Parish in Latham, and Saint Mary’s in Hudson.
Fellow priests support Galway Redemptorist silenced over stance on sex abuse scandal
April 12, 2012 – 7:00am
Fellow members of the Association of Catholic Priests have voiced their solidarity with the Galway priest who has been silenced by the Vatican over his backing for the Taoiseach’s condemnation of the Church’s response to clerical sex abuse in Ireland.
Fr Tony Flannery, who is based in the Redemptorist Monastery in Esker, was silenced following his public support of Taoiseach Enda Kenny’s attack on the Vatican’s handling child sex abuse allegations. An Taoiseach, speaking in the Dáil earlier this year, called on the Catholic Church to apologise.
Fr Flannery who was also one of the founders of the Association of Catholic Priests, visited Rome two months ago to argue his case after he was censured by the Congregation of the Doctrine of the Faith, which ordered that he stop writing in the Redemptorist Order’s own magazine, Reality or on the Association’s website.
The Association has issued a statement saying how disturbed they are at their member being silenced.
“We believe that such an approach, in its individual focus on Fr Flannery and inevitably by implication on the members of the Association, is an extremely ill-advised intervention in the present pastoral context in Ireland. We affirm in the strongest possible terms our confidence in and solidarity with Fr Flannery and we wish to make clear our profound view that this intervention is unfair, unwarranted and unwise.
The Catechism offers a clear moral teaching: “Rape is the forcible violation of the sexual intimacy of another person. It does injury to justice and charity. Rape deeply wounds the respect, freedom, and physical and moral integrity to which every person has a right. It causes grave damage that can mark the victim for life. It is always an intrinsically evil act. Graver still is the rape of children committed by parents (incest) or those responsible for the education of the children entrusted to them.” (no. 2356)
The current Pope on Child Rape and Child Porno,21 December 2010 :
In his traditional Christmas address yesterday to cardinals and officials working in Rome, Pope Benedict XVI also claimed that child pornography was increasingly considered “normal” by society.
“In the 1970s, paedophilia was theorised as something fully in conformity with man and even with children,” the Pope said.
“It was maintained — even within the realm of Catholic theology — that there is no such thing as evil in itself or good in itself. There is only a ‘better than’ and a ‘worse than’. Nothing is good or bad in itself.”
I DON’T THINK THE POPE HAS EVER READ HIS CATECHISM.
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
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.”
Victim Advocates Question Security Around Defrocked Jesuit Brethren
Head of Jesuit order says men are under strict supervision at center in Los Gatos.
By Sheila Sanchez January 10, 2011
The Sacred Heart Jesuit Center in Los Gatos has been in the news lately for all the wrong reasons. One of its defrocked priests was beaten in May 2010. The alleged attacker appeared in court in December and will face a judge on Feb. 7 for a preliminary hearing in a case that will probably go to trial.
Santa Clara County prosecutors are accusing 44-year-old William Lynch of mauling Jesuit priest Jerold Lindner with his fists, said Lynch’s attorney Pat Harris. Lynch has said Lindner sodomized and raped him and his brother as young boys.
Lynch’s supporters, who include members of the Survivors Network of Those Abused by Priests (SNAP), plan a news conference after the hearing at the Santa Clara County Superior Court building on Hedding Street in San Jose and a march in Los Gatos, according to Harris.
The supporters are taking this opportunity to complain about the security measures at the center, which houses Lindner, 65, and five other retired priests or brethren who have faced charges of sexual abuse. They claim the men can leave the compound at any time and that the supervision plans aren’t strict enough.
The two, along with three other men, whom the order will not identify, live in the large Jesuit compound at 300 College Ave. The center includes a retirement home, an assisted-living facility and a skilled nursing infirmary. Here, 75 elderly priests live out the rest of their lives after serving in the elite order of priesthood in the Roman Catholic Church.
The Rev. John P. McGarry, the provincial of the California Province of the Society of Jesus, said the concerns about the five men who live at the center are exaggerated.
McGarry is head supervisor at the center and leader of the 375 Jesuit priests who work in California.
He said none of the men is under investigation right now.
Connor is housed in the center’s skilled nursing facility, is confined to a wheelchair and has severe dementia, McGarry said. “He’s totally incapacitated,” he said. “Better that we take care of them there than having them be out on their own in the community.”
Lindner, said McGarry, is under a strict security plan that prevents him from leaving the center unsupervised.
“He didn’t drive himself to the hospital,” he said, referring to newspaper reports that said he had done so, which triggered victims’ protests.
He explained that nursing staff at the center attended to him, and that either one of the Jesuits in the community or one of the nurses on duty drove him to the hospital. “He wouldn’t have been able to drive … He was badly beaten up. His head was bleeding,” McGarry said.
Dan McNevin, a San Francisco SNAP volunteer, is skeptical and upset the Catholic Church hasn’t found another location to house clergy charged, accused or investigated of abuse. “Why are they living there and not in a more secure location?” said McNevin.
The deep distrust against the order, McNevin said, is caused by numerous incidents that indicate that the Jesuit hierarchy has covered up incidents to protect the order’s reputation.
“A priest who has abused should be behind bars and not living in a retreat center,” said McNevin.
McGarry has an answer to that. “If I had any concern that the men living here, who have allegations against them and who are on safety plans, were a risk to the larger community or a risk for reoffending, I would not have them living here,” he said.
The Santa Clara County Sheriff’s Office handled the Lynch incident in May because of jurisdiction issues regarding where the center is located. If something were to happen in the center’s parking lot, however, the Los Gatos Monte Sereno police department would step in, said police spokesman Sgt. Kerry Harris. But he said the center has never given the town any problems.
“We’ve never had any issues with them,” Harris said.
For those looking for assurances, McGarry points to the fact that the center has been accredited by the Austin-based Praesidium risk management group, which has established criteria regarding the prevention of and response to sexual abuse of minors by Jesuit authorities. He added that Praesidium had renewed the center’s certification in July 2010.
The five men who live at the center have served at one time or another in Jesuit schools such as Bellarmine College Preparatory, Sacred Heart Nativity School and Most Holy Trinity Parish in San Jose and Santa Clara University in Santa Clara.
McGarry said the order’s policy continues to be to turn over to criminal and civil authorities allegations of priestly misconduct with minors. The province provides pastoral care and counseling to any person that comes forward and makes an allegation of sexual abuse, he said. He said he’s met often with people who have made allegations.
Joey Piscitelli, Northern California director for the Survivors Network for Those Abused by Priests, isn’t buying it. “They have aided, abetted, shuffled, protected and promoted known child rapists for decades, and that’s criminal behavior,” he said.
Piscitelli, who says he was molested by a Salesian priest, won a $5 million settlement award against the order after a jury trial in 2006.
Piscitelli has protested outside the center several times, along with John Chevedden, whose brother, Jesuit priest James Chevedden, killed himself when he jumped from the sixth floor of the Santa Clara County Courthouse’s parking garage in 2005.
Chevedden accused the Jesuits of negligence in his brother’s death and in 2007 and settled with the order for $1.6 million.
He said the Lynch case is another example of how victims of abuse suffer for a long time. “It’s disturbing to see how long-lasting and traumatic the abuse is to the victims … that after 35 years it still has a strong impact,” Chevedden said.
What I also found interesting was one of the comments posted under this article:
Fr. Thomas Smolich, promoted to be the # 1 Jesuit in the USA, said a Jesuit priest and resident at the Los Gatos Center, Fr. James Chevedden committed suicide. The Jesuit Order even issued a news release claiming Fr. Chevedden’s suspicious death was a suicide. Fr. Smolich also told Fr. Chevedden’s family that the Jesuit Order would keep Fr. Chevedden’s body.
Fr. Chevedden had earlier reported to Fr. Smolich that he was the victim of Jesuit sex abuse at Los Gatos by a Jesuit Religious Brother, Br. Charles Connor. Br. Connor and Fr. Jerold Lindner were friends. Lindner helped Br. Connor with computers and both sat at the same small meal table.
Ironically or worse, the last Jesuit to see Fr. Chevedden alive was Fr. Lindner, with $2 million paid out in sex abuse settlements. The Jesuit Order did not tell the police that Fr. Lindner was the last Jesuit to see Fr. Chevedden alive. Fr. Lindner was scheduled to testify about his being the last Jesuit to see Fr. Chevedden alive in a wrongful death lawsuit filed by Fr. Chevedden’s Dad. The Jesuit Order paid $1.6 million to settle the lawsuit. Thus Fr. Lindner avoided explaining his being last Jesuit to see Fr. Chevedden alive.