Category Archives: Salesian Priests

Therefore I accuse by Vinnie Nauheimer


Therefore I accuse by  Vinnie Nauheimer

"Saint" Peter Damian's admonishing against priest pedophiles and those who cover up for them in 1049.

“Saint” Peter Damian’s admonishing against priest pedophiles and those who cover up for them in 1049.

Due to the global ongoing sexual abuse and cover-up by the hierarchy of the Catholic Church, it is safe to assume that the only part of Crimen Sollicitationis that was adhered to was the demand for secrecy. Up until 2002 almost every settlement involving sexual abuse by a priest came with an enforceable gag order on the victim. The victims were silenced while most offending priests were moved to new hunting grounds.

The logical question to ask is, “Cui Bono,” who benefits? Who benefits from the silence? It could be argued that the priest and his accuser benefit from the silence. However, since there were no remedies for the care, compensation or treatment of the victim, it is hard to see how victims benefited from Crimen instruction. There has never been any proof whatsoever of rampant false charges being brought against innocent priests. Therefore innocent priests haven’t benefited. So who are the chief beneficiaries of the documentCrimen Sollicitationis? The sexually abusive priest and the Roman Catholic Church are the only beneficiaries.

Therefore, I accuse!

Lest Crimen sidetrack us, the salient points are:
1. The document was sent from the International Headquarters.
2. The document was sent out globally.
3. The document was sent in secrecy.
4. The document demanded secrecy.
5. The penalty for violating secrecy is the harshest penalty the church can mete out: excommunication.
6. It labels the sexual abuse of children as “The Worst Crime” thereby admitting to the world the Vatican’s complete understanding of the vile nature of the act of sexually abusing children.

By their own hand they are condemned.

In the 28 countries we know about, the rape, sodomization, and molestation of children are publicly documented. Why then hasn’t Interpol gotten involved? Interpol states that the protection of children is one of their primary goals. This is the first paragraph taken from Interpol’s page on children:

Crimes against children

Children are the most vulnerable individuals in our society; they are also the most precious commodity that the world has and have a right to be protected from all forms of abuse. INTERPOL as an organization is also committed to eradicating the sexual abuse of children and has passed several resolutions making crimes against children one of International policing top priorities.5

They tell us that, not preventing, but eradicating (wiping out) sexual abuse is one of their top priorities. How can the sexual abuse of children be a top priority when the chief global culprit, the Roman Catholic Church has not been formerly accused by either the UN or Interpol?

0000000000000000000000000000000000000000000-01I accuse!

The evidence is abundant for any who would make even a cursory examination of the facts. The Dallas Morning News did an entire series on the international scope of both clergy sexual abuse and its cover-up. Central to the series was the theme of hierarchy moving predator priests internationally in order to save them from being tried for crimes committed or to provide new hunting grounds or both.6

The facts accuse!

The need to protect children around the world is a global priority of United Nations. The U.N. through its UNICEF organization has put together “The Convention on the Rights of the Child.” Here are articles nineteen and thirty-four from that convention, which address the sexual abuse of children.

Article 19

1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

Article 34

States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:

  1. The inducement or coercion of a child to engage in any unlawful sexual activity;
  2. The exploitative use of children in prostitution or other unlawful sexual practices;
  3. The exploitative use of children in pornographic performances and materials.7

I accuse the RCC of violating the Convention on the Rights of the Child!

The Holy See, which could be a member of the United Nations by virtue of the fact that the Vatican is a city-state, has elected not to become a member of the UN. Rather it has been granted the nomenclature of permanent observer. This means that they enjoy the full rights of every sovereign member except the right to vote. In this way they can lobby for whatever they desire and not have to go on record as voting for or against an issue.

They chose to not to support “The Convention on the Rights of the Child.” The Holy See declared that “the application of the Convention should be compatible in practice with the particular nature of the Vatican City State and of the sources of its objective law.” in a statement issued when they declined to be a signatory. To date, all members but two have ratified the Convention.8

The United Nations through Interpol, its international police agency, and UNICEF, their children’s agency recognize the need to police and prevent the sexual abuse of children throughout the world. They state this is a top priority. The Convention on the Rights of the Child, which has been widely accepted by governments around the world, seeks to end the sexual abuse of children. Why then have the UN, UNICEF, and Interpol chosen to totally ignore the most public, international series of sex crimes and cover-ups against children running from the twentieth into the twenty-first century?

I accuse!

"Saint" Peter Damian

“Saint” Peter Damian

Having established that the sexual abuse of children is accepted by the RCC as being a criminal act, it follows that aiding and abetting criminals is also a crime. The international criminal activity of aiding and abetting sexual predators by the RCC is well documented. The award winning newspaper The Dallas Morning News did an excellent series of articles dealing with the international flight of pedophile priests to escape prosecution entitled Runaway Priests. The following are excerpts from some of their articles as listed on the website Bishop-accountability.org.

Dr. Navarro-Valls (chief spokesperson for the pope) previously declined to comment on The News’ investigation, which found more than 200 accused priests, brothers and other Catholic workers hiding across international borders and living in unsuspecting communities, often with the church’s support. About 30 of the men were wanted by law enforcement in another country.9

Where is Interpol? Where is the outcry from UNICEF?

Bishop Thomas V. Daily of the Diocese of Brooklyn, in an exchange of correspondence with a Venezuelan bishop in 1991 about allegations against Father Diaz, praised the priest’s work in his diocese even as a 60-count indictment was pending against him in Queens on child sexual abuse charges. Later that year, after pleading guilty to three counts of sexual abuse in the case, Father Diaz was deported to Venezuela, where the pattern of victimizing young boys continued unabated.

And so it went throughout Father Diaz’s ministry. Moving from country to country, from parish to parish, from victim to victim, he was often held unaccountable by church officials and was treated delicately by some law enforcement authorities, the interviews and documents show.10

How can the above be anything but an international criminal conspiracy?

His order, the Salesians of Don Bosco, has long moved priests accused of sexual abuse from country to country, away from law enforcement and victims. Indeed, it is how many others in the Catholic Church have dealt with the problem, a yearlong Dallas Morning News investigation has found.11

The crimes committed by the hierarchy of the RCC against the children of the world have been documented many times in many countries. In each country from Poland, to Ireland, to the United States around and down to Australia, the story is the same. Priests who commit criminal acts of sexual abuse against children are shuffled from country to country with no regard for either local or international law. These priests are shuffled by a complicit hierarchy who are guilty of aiding and abetting criminals. Once transferred, these priests are free to prey upon a fresh population of unsuspecting families who revere the priest as god’s representative on earth.

Cardinal George Pell

Cardinal George Pell

In 2002 Pope John Paul II stated before the world, “There is no room in the priesthood for those who sexually abuse children.”12 But nothing was done; priests were still being shuffled and names of priestly perpetrators are still a closely guarded secret. In April of 2008, while on the plane over to the United States, Benedict XVI said, “I am deeply ashamed” 13 while referring to the Clergy Sex Abuse Scandal. On July 19, 2008, in Australia, he said,

“I ask all of you to support and assist your bishops, and to work together with them in combating this evil. Victims should receive compassion and care, and those responsible for these evils must be brought to justice.”14

“And those responsible for these evils must be brought to justice!” Strong words from the pope! The pope is an honorable man; bishops and cardinals are all honorable men and they speak well. Yet nothing was said about revoking Crimen Sollicitationis. Did he forget that as Cardinal Ratzinger in 2001, he reaffirmed its validity? He can say one thing publicly, but as long as he still binds everyone with knowledge of clergy abuse to the absolute law of secrecy under the chapter 11, “ a secret of the Holy Office,15” the pope is only mouthing words. As long as Cardinals, Law, Mahony, George, Egan and Levada remain in office, he is only mouthing words. As long as bishops and the leaders of religious orders who shuffled pedophiles from country to country remain in the priesthood, the pope is only mouthing words. The pope is the only one who can start bringing those responsible for these evils to justice!

It is time to put an end to the global scourge of clerical child abuse and put these criminal priests behind bars along with the members of the hierarchy who have purposefully aided them. (It seems that Pope Benedict agrees with me.) These crimes are a violation of God’s law, Church law, Civil law, and International law (all covered in this treatise). As proven in the United States, the only thing that will change the way the RCC harbors their criminals is a courtroom. Interpol must aid in the capture of these international child abusing fugitives and the U.N. must bring charges against the Vatican in the World Court. Only the credible threat of listing the Vatican as a criminal organization, making them stand trial for the abuse of tens of thousands of children and covering-up for thousands of priests will force the much needed changes while making the world a safer place for children. Interpol and the UN had every right to get involved in the clergy abuse scandal because it violates their conventions. Now both the UN and Interpol have an invitation to get involved straight from the pope’s mouth. Pope Benedict XVI has just asked for “aid and assistance” followed up by “those responsible for these evils must be brought to justice.” The Vicar of Christ on earth is asking for help in bringing to justice to those who committed and helped in crimes of sexual abuse against children. What greater invitation can be made?

Note 1. To any lawyers who may represent or have represented survivors of sexual abuse. Crimen Sollicitationis means “crime of solicitation” which refers to crimes of the confessional. Reading this text is extremely difficult because everything up until Title V is about soliciting in the confessional. Title V paragraph 72 states: “Those things that have been stated concerning the crime of solicitation up to this point are also valid, changing only those things necessary to be changed by their very nature, for the worst crime,” TakeCrimen Sollicitationis (English version) and put it in a Word document. Then do a find/replace with find Solicitation and replace it with child abuse. You will be amazed at how it clarifies the document giving you a clearer understanding of what Crimen Sollicitationis says about the clergy abuse of children.

About the author: Vinnie Nauheimer has written extensively on the subject of clerical abuse. He has written two books on the subject of clergy abuse. One of poetry “Silent Screams” and one comprised of selected letters sent over an eight year period on the subject of clergy abuse called “Epistles on Clergy Abuse.” His art, poetry and writing can be found on websites around the world. Though they don’t issue a degree in Clergy Abuse, Mr. Nauheimer successfully survived advanced classes from the School of Intimidation and Slander sponsored by the NY Archdiocese. Both his and his family’s degree of pain were acknowledged by a Grand Jury probing the issue of clergy abuse. His goals are the same as those stated by Pope Benedict XVI in Australia on July 19, 2008: “Victims should receive compassion and care, and those responsible for these evils must be brought to justice.”

References
1. http://en.wikipedia.org/wiki/Roman_Catholic_sex_abuse_cases_by_country#See_also July 9, 2008 and http://www.scribd.com/doc/1021887/SEXUAL-ABUSE-IN-THE-CATHOLIC-CHURCH-2002   – July 9, 2008
2. http://www.priestsofdarkness.com/crimen.pdf   – July 10, 2008
3. The 1922 Instruction and the 1962 Instruction “Crimen Sollicitationis,” Promulgated by the Vatican: Thomas Doyle, O.P., J.C.D.   – June 30, 2008
4. http://www.priestsofdarkness.com/crimen.pdf   – July 10, 2008
5. http://www.interpol.int/Public/Children/Default.asp   – July 11, 2008
6. http://www.dallasnews.com/sharedcontent/dws/news/longterm/stories/Runaway_
priests_hiding_in_plain_sight.5ee1e9be.html,   – July 11, 2008
7. http://www.interpol.int/Public/Children/Conventions/unConvCR.asp   – July 12, 2008
8. http://www.unicef.org/pon95/chil0008.html   – July 12, 2008
9. http://www.bishop-accountability.org/news/2004_09_12_Dunklin_InThe.htm   – July 12, 2008
10. http://www.bishop-accountability.org/resources/resource-files/timeline/2002-04-20-Murphy-Diaz.htm   – July 13, 2008
11. http://www.bishop-accountability.org/news/2004_06_20_Dunklin_ConvictedSexual.htm July 13, 2008
12. http://www.poynterextra.org/extra/abusetracker/2002_04_21_archive.htm   – July 18, 2008
13. http://aftermathnews.wordpress.com/2008/04/15/pope-says-he-is-deeply-ashamed-of-clergy-abuse-scandal/  – July 18, 2008

14. http://www.thewest.com.au/default.aspx?MenuID=2&ContentID=85771   – July 19, 2008
15. http://www.priestsofdarkness.com/crimen.pdf   – July 10, 2008.

Support the victims not the victimizers


Frank LaFerriere: Support the victims not the victimizers

Published Date Thursday, April 24,2014
From the Link: http://www.berlindailysun.com/index.php?option=com_content&view=article&id=49465:frank-laferriere-support-the-victims-not-the-victimizers&catid=73:letter&Itemid=428

To the editor:

If you were to find out that the leadership of a group or organization you belonged to had appeared before commissions and grand juries and openly admitted to covering up the abuses of children, from rape to severe beatings, to even the death of a child, and that this involved tens of thousands of members own children, and that the cover ups are wide spread throughout the organization or group, you would think that the membership of the group would rise up in arms and make sure that the leadership is arrested and prosecuted to the fullest extent the law allows. That they would stand up and defend and protect their children over the leadership of their group or organization. Yet there is one such organization…though there are others….that its leadership is totally immune from liability for crimes such as these by it’s membership. This organization is known as the Roman Catholic Church.

While they have come far with this problem of child abuse, the Vatican announced that for 2011-2012 almost 400 priests had to be let go because of credible accusations of child abuse, including rape, there is still much to be done. While it is commendable that they caught and fired these priests, what about those whom participated in the cover ups of these crimes? Why are they not called to account for their crimes of the members own children? Why are the leadership of the church put above the law and those whom they have harmed? Why are they defended and even praised or made a saint?

There have been at least a half a dozen commission reports, like the Ryan Report, that detail the systematic sexual, physical, mental, emotional and spiritual abuse of children and teens, children of the Roman Catholic Church; and the cover ups of these abuses by the leaders and even their highest leaders, ones whom are supposed to be the Vicars of Jesus while on this earth and in their position. Yet even to this day, not one credibly accused leader has ever been arrested or prosecuted for their crimes save one, Bishop Robert Finn and that case is being retried. Matter of fact, one of these, John Paul II was given sainthood. There is overwhelming evidence he participated in the cover up of and through acts of omission, turned a blind eye to, the pederast Rev. Marcial Maciel, founder of the Legion of Christ. Yet he is given sainthood? This is an insult to all those whom are survivors of these evil crimes against us.

There are some incredible priests and leaders of the Roman Catholic Church. I have met some of them. From Fr Tom Doyle, ret., whom has fought tirelessly for the victims of priest abuse, at the cost of his being a priest, to even our own local priest Fr Kyle Stanton whom has helped me immensely, to groups like Catholic Whistleblowers, and others, they have sort of restored my faith that this problem of priests and nuns abusing children and teens will stop. Yet to truly set things right the following must be done.

1. All credibly accused leaders, from Pope Emeritus Benedict XVI, to Cardinals like Timothy Dolan, Donald Wuerl, Roger Mahony, Bernard Law, George Pell, and many others, against whom there is overwhelming evidence, through commission reports, grand jury testimonies and the churches own documents, must be fired. They must be arrested and prosecuted. We do this to other criminals, we demand this of any rapist or those whom cover up the rapes and abuses of children. They may be leaders of the Roman Catholic Church, but these men are criminals and deserve to be arrested and prosecuted and the victims deserve their day in court and justice for the crimes committed against them because of these leaders actions.

2. Abide by the Pledge to Protect, Promise to Heal charter all of the diocese of the Roman Catholic Church in the United States signed. All attacks against the victims must stop. We are not responsible for our rapes, we did not enjoy being raped. We are not homosexuals because we were raped by a male priest. We are not liars, gold diggers who are out looking for a payday from the Roman Catholic Church.

We are your sons, we are your daughters, who want justice, whom want those who perpetrated these crimes against us punished, whom went through one of the most horrifying and terrifying experiences a human being can go through. We trusted these priests and nuns and they destroyed that trust with their evil crimes against us. We were raped, we were beaten, we had our souls, our hearts stolen from us, we had our bodies destroyed and abused. We did not deserve this, we were not willing participants and we refuse to remain silent while those whom are responsible for these crimes against us go free while we still remain trapped inside the prisons they created for us.

3. No matter what….put your children before your leaders. Protect and stand up and defend your children….not the leaders whom committed these evils against us. Your children should come first. Stand up for the victims of these crimes, whom are your own children. You may know one. Again, we are your sons, your daughters, your nieces and nephews, your God children, whom you vowed and promised to protect and defend.

I started going back to church. I even started photographing St Annes, an incredibly beautiful place of worship. I had no choice though, I had to stop because I felt like such a hypocrite. Far too many of us whom were victims still see those responsible for these evils against us in their positions as if nothing in the world is wrong. We victims are still being attacked, by people like Bill Donohue, President of the Catholic League. We are still being attacked by parishioners whom have called me a liar to my face and how dare I spread lies and rumors and false accusations and gossip against the leaders. Well, sadly, I am not spreading lies, rumors and false accusations, these statements I have made can all be proven beyond a reasonable doubt in a court of law if it were allowed.

Yet while these leaders whom perpetrated these crimes against us are still in power, I cannot in good conscious go into the church. I cannot be part of a church where the leadership covered up the crimes of child abuse, child rape and put the church before the children and are still in power, for that makes me a hypocrite in my eyes.

I would love to go on a regular basis to St Anne, to be among the other worshipers, some of whom I made acquaintance and even friends with, especially Fr Kyle, but I cannot, for while the wolves are still in control….someone must stand outside the door for the defense and protection of the children and the victims.

Sin is one thing…sin can be forgiven when there is true repentance from the sin. There has been no true repentance among the leadership whom covered up these crimes. There have been staged acts of contrition, but no true repentance. For if they are to truly repent they must also submit to prosecution for the crimes they committed. They must not hide behind their robes of religion. If they seek to make laws for man like they do, they also must submit to the laws of man and be arrested and prosecuted for their crimes. No one, not even religious leaders, should be allowed to get away with crimes against children. They should not be above the law!

When it comes time to the crimes of the rapes and abuses of children and teens and the cover up of these crimes by the leadership…only justice in a court of law, where the victims may have their day in court to see those responsible for the crimes against them be tried and if found guilty sentenced to prison…that is true justice. The Roman Catholic Church promised this to victims and to prosecuting attorneys…but have failed to deliver on this promise. Instead they still fight the victims and hide behind the statue of limitations to deny justice to the victims. Ask yourself is this true justice? If you were raped would you say this is true justice?

In closing whom do you think Jesus Christ will stand up for in the end?

Those whom perpetrated these crimes against children and teens…or the children and teen victims?

Here is a clue: “For it would be better for you to tie a huge boulder around your neck and throw yourself into the deepest of lakes than to harm a single hair on the head of a child.”

Well the leadership of the Roman Catholic Church did a lot more than harm a hair on the head of a child. Whom are you going to stand besides? The ones Jesus Christ would stand up for? Or the ones He would toss into the pit of hell for their evils against children?

Frank LaFerriere, Berlin

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.”

Victim Advocates Question Security Around Defrocked Jesuit Brethren


from the link: http://losgatos.patch.com/articles/victims-advocates-question-security-around-defrocked-jesuit-brethren-at-local-center

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 main building of the Los Gatos' Sacred Heart Jesuit Center. Credit: Sheila Sanchez

 

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.

One of them, Charles Leonard Connor, 89,who was never an ordained priest, pleaded no contest in 2001 to a lewd act on a man who suffered from mental retardation who worked at the center.

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.