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

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

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.”