Category Archives: Fr Ciro Benedettini
Gerald T. Slevin, Update–Criminal Charges of Vatican Child Abuse Cover-Up
Monday, April 16, 2012
Cross-posted on Open Tabernacle, 16 April 2012.
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.
Vatican approach to child abuse in Ireland absolutely disgraceful, says PM
Enda Kenny says laws being drawn up making it impossible for anyone to avoid obligation to report abuse allegations
Ireland’s prime minister has denounced the Vatican‘s approach to allegations of child abuse in the republic as absolutely disgraceful.
Enda Kenny said new laws are being drawn up that will make it impossible for anyone – even those high up in the Roman Catholic church – to avoid their obligations regarding reports of child abuse.
“The law of the land should not be stopped by crosier, or by collar,” Kenny said.
He added that he hopes the response from the Irish government to the Cloyne report will clarify to everyone that the law of the land applies in situations where appalling actions took place.
Kenny called on the Vatican to repeat its commitment that civil law should always be followed. The Irish Catholic church and the Vatican have faced severe criticism over repeated attempts to deal with incidents of abuse behind closed doors rather than by handing over suspects to the Garda Síochána.
The Irish deputy prime minister and foreign minister, Eamon Gilmore, met with the Vatican’s ambassador to Ireland to discuss the report’s findings.
“There’s one law in this country. Everybody is going to have to learn to comply with it. The Vatican will have to comply with the laws of this country,” Gilmore said after the meeting.
Gilmore said the report would be debated in the House next Tuesday or Wednesday, depending on the availability of ministers and spokespersons.
He said the failure of the church to co-operate with the law was one of the greatest problems and that the coalition government was determined that there would be consequences for any institution which failed to work with the legal authorities of the state when it came to child abuse.
The Socialist party’s Joe Higgins said people were “throwing their hands in the air” at the revelations in the Cloyne report.
Catholic church weighs up response to criticism from Ireland
Vatican officials claim Enda Kenny may be using report into sexual abuse by priests to divert attention from euro crisis
Next month, as every year since he was chosen to lead the world’s Roman Catholics, the scholarly Pope Benedict XVI will preside at a meeting of his Schülerkreis — a group of his former doctoral students.
This year, the issue for debate in the pontifical summer palace, overlooking a volcanic lake near Rome, is the one he was elected to tackle: how to reverse the galloping secularisation of Catholicism‘s European homeland.
The discussion could scarcely be more timely, coming in the midst of a crisis in relations between the Holy See and Ireland, a country where, until a few years ago, official defiance of Rome was unthinkable.
The reaction in the Vatican to Enda Kenny’s impassioned denunciation on 20 July has been one of astonishment. But, as the Holy See’s temporary recall of its ambassador, or nuncio, five days later showed, it is also laced with indignation.
The pope’s deputy spokesman, Father Ciro Benedettini, gave the move a positive gloss, saying the Holy See needed the nuncio back in Rome so it could frame its reply to the Cloyne report “with objectivity and determination”. But his temporary withdrawal also reflected what Benedettini tactfully called “surprise and disappointment over some excessive reactions”.
In diplomacy, the recall of an envoy for consultations is a clear signal of disapproval and L’Avvenire, the newspaper of the Italian bishops’ conference, was unable to find a precedent for it in the vast annals of Vatican diplomacy.
The pope’s aides feel they have been unfairly attacked, and some suspect a political motive. One high-ranking cleric who spoke on condition of anonymity noted Ireland was caught up in the euro crisis and speculated that Kenny might have been seeking to distract public opinion.
Others stressed the Vatican response, promised by the end of August, would seek to heal the breach. But the signs this week were that it would also include a vigorous defence of the Vatican’s position.
No one in Rome disputes that allegations of the sexual abuse of minors in the Cloyne diocese were grossly mishandled by the bishop, John Magee. But Vatican officials argue they are being pilloried for the actions of a pastor who disregarded their instructions.
Ireland’s prime minister claimed that judge Yvonne Murphy’s report contained evidence of an “attempt by the Holy See to block an enquiry … less than three years ago”.
Vatican officials say they can find no such evidence. What the report does contain, they say, is criticism of the papal bureaucracy’s actions 14 years ago. In 1997, the Congregation for the Clergy, the department responsible for the priesthood, sent a message to the Irish bishops criticising their attempts to create a framework for dealing with sex abuse cases.
In particular, it objected to a clause that went beyond the requirements of Irish law at the time and proposed that: “In all instances where it is known or suspected that a priest … has sexually abused a child, the matter should be reported to the civil authorities.” The Vatican said that could be at odds with the church’s own laws.
Murphy’s commission concluded that Rome’s objections gave individual bishops – including Magee – freedom to ignore the bishops’ guidelines. But speaking on Vatican Radio on 19 July, the pope’s spokesman, Father Federico Lombardi, argued there was “no reason to interpret the letter as aimed at hiding cases of abuse. In fact, it was warning of the risk of taking measures that could then turn out to be challengeable or invalid from a canonical point of view”.
In any case, say other Vatican officials, even if the Congregation’s response was misguided, it was made before 2001. That is when, in their view, there was a sea change.
Pope John Paul II ordered all cases of alleged sex abuse to be dealt with in Rome by the department then headed by Cardinal Joseph Ratzinger, as he was known then. As he read the paperwork, the future pope became increasingly appalled by what he saw, and put in place an altogether more effective policy. “Not to recognise that there has been a learning curve and that things have changed is stupid”, said a senior Vatican official.
That may not be the whole story, however. In an interview with the website Vatican Insider, the archbishop of Dublin, Diarmuid Martin, said he believed Kenny was not only referring to the 1997 exchange, but also “to interactions – which I was unaware of – which took place with the Vatican while the Cloyne report was being prepared”. He did not elaborate.
• This article was amended on 2 August 2011. In the original Diarmuid Martin was described as also having the status of cardinal. This has been corrected.