Category Archives: William Lynch
Priest charged with violating ban on ministry to children freed on bail
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on May 22, 2013 at 8:04 PM, updated May 24, 2013 at 7:15 PM
The Roman Catholic priest charged with violating a ban on ministry to children was released from jail late Tuesday, less than 12 hours after making his first appearance in a Bergen County courtroom.
The Rev. Michael Fugee, 52, walked out of the Bergen County Jail in Hackensack sometime after 7 p.m. A spokesman for the county sheriff’s department, which oversees the jail, declined to say who posted Fugee’s bail, which had been set at $25,000 with a 10 percent cash option.
The Archdiocese of Newark, to which Fugee is assigned, did not secure the priest’s release, said Jim Goodness, a spokesman for Archbishop John J. Myers. Goodness would not say whether Fugee was returned to a parish or other housing owned by the archdiocese.
Fugee was required to surrender his passport as a condition of the release.
Investigators with the Bergen County Prosecutor’s Office arrested Fugee at a parish in Newark Monday night, charging him with seven counts of contempt of a judicial order for interacting with children despite the ban.
The restriction grew out of a 2007 agreement Fugee signed with the prosecutor’s office to avoid retrial on charges that he groped a 13-year-old boy.
Following a Star-Ledger report on the priest’s continued contact with children and teens, authorities found he gave confessions to minors at youth retreats and a private home outside the archdiocese and at two parishes inside the archdiocese, which includes Bergen, Hudson, Union and Essex counties.
Fugee’s lawyer, Michael D’Alessio, did not return calls seeking comment.
D’Alessio, who represented Fugee when he signed the agreement, told the Record newspaper the priest did not violate the terms because Fugee was under the supervision of other adults when he was with children, the same defense initially mounted by the archdiocese.
Goodness, Myers’ spokesman, later reversed that position, saying that while Fugee did violate the agreement, he did so without the archbishop’s knowledge.
“Father Fugee is not guilty of this offense,” D’Alessio told the Record.
The lawyer added that prosecutors, to win a conviction, would have to prove in court the priest “knowingly and purposefully” flouted the agreement.
“If there are other adults in the room, other adults in the vicinity, he was never in a position where he could not be observed,” D’Alessio said. “That’s the key to this, and that’s the key to what he thought.”
More priest abuse files must be released by September, judge says
Wednesday, May 29, 2013
LOS ANGELES (KABC) — Catholic Church officials have until September to release secret files on priests accused of molesting children in the Los Angeles archdiocese.
Superior Court Judge Emilie Elias made the ruling Tuesday and attorneys say the first files could be made public within the next few weeks.
After a five-year legal battle to keep the documents sealed, the archdiocese released files on 120 priests earlier this year, but many clergy members who worked within the archdiocese weren’t included if they belonged to separate religious orders.
Religious order priests often were assigned to work in Los Angeles parishes but belonged to separate organizations, each of which had its own chain of command and specific mission.
The Associated Press contributed to this report.
Abuse cover-up ‘shocking’ – Cowen
From the link: http://news.bbc.co.uk/2/hi/europe/8384372.stm
Irish Prime Minister Brian Cowen has said the cover-up by the Catholic hierarchy in Dublin of child abuse by priests was shocking and disturbing.
A report revealed decades of abuse was concealed by the church in Dublin in an attempt to save its reputation.
It said some senior police officers colluded in the cover-up.
Mr Cowen said it was a crushing verdict that the good name and standing of the Church as an institution was placed above the basic safety of children.
“Where this was facilitated by servants of the state, it was a betrayal of trust and a complete abandoning of duty,” he said.
“It is a savage irony that a policy of cover-up that may have been borne of a misguided effort to avoid scandal has shaken the faith and confidence of many people.”
Released on Thursday, the Report of the Commission of Investigation into the Catholic Archdiocese of Dublin covered a period from 1975 to 2004.
Some offending priests were shifted from parish to parish, leaving them free to abuse again.
The Taoiseach said it was the Irish government’s priority to ensure the highest possible standards of child protection, within the Church and elsewhere, and that perpetrators of abuse are brought to justice.
“As to the implications for other individuals of the report’s findings, I believe that just as there must be no ambiguity about the fact that all institutions and individuals are answerable to the law of the land, whatever their status, it is for those institutions and their members to determine the appropriateness of any individual to hold ecclesiastical office,” he said.
The report investigated how Church and state authorities handled allegations of child abuse against 46 priests made by 320 children. Eleven priests were convicted of sexual assaults on children.
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://www.philly.com/philly/news/breaking/147586455.html
Witness: Priest plied me with booze, molested me
By Joseph A. Slobodzian
INQUIRER STAFF WRITER
The Philadelphia Catholic clergy sex-abuse trial began its fourth week this morning with testimony by a former Philadelphia man who told of being plied with liquor and sexually molested by his parish priest in a King of Prussia hotel room.
The 50-year-old man, who grew up in Immaculate Heart of Mary parish in Andorra, told the Philadelphia Common Pleas Court jury about an incident when he was in the seventh grade.
The Rev. Thomas J. Smith had offered to take him and another boy on a trip to Hershey Park, driving a recreational vehicle borrowed from the second boy’s parents.
But the RV got no farther than King of Prussia, the man testified, when Smith said the vehicle had mechanical problems and they would have to stay overnight in a nearby Holiday Inn.
There the two boys spent the afternoon playing cards with their pastor, drinking Southern Comfort liquor and sodas.
Later that day, the man testified, Smith began chasing them around the room putting ice cubes down their underwear. When it came time for bed, the man continued, Smith told them to sleep naked because their clothes were wet.
While his friend slept on the floor, the man testified, he slept in bed with Smith and quickly fell asleep because of the alcohol he drank.
The man said he awoke on top of Smith – who was also naked – and realized they both had erections. When Smith saw that he was awake, the man continued, the priest pushed him to the other side of the bed.
The man said he went back to sleep and told no one until the incident became part of the 2005 report of the Philadelphia County grand jury report about the cover-up of sexual abuse of minors by priests in the Archdiocese of Philadelphia.
“Why didn’t you say anything?” asked Assistant District Attorney Patrick Blessington.
“I asked myself that question for years,” the man replied. “I think I was more afraid of getting in trouble. I was brought up to respect my elders and figures of authority.”
Though Smith continued to visit his parents and five brothers, the man testified, he withdrew from contact with the priest, whom he said enjoyed wrestling with his brothers in the basement of their house.
In questioning the man, defense attorney Jeffrey Lindy elicited the fact that the man did not come forward to authorities until 2004 – two years after Msgr. William J. Lynn, one of the two clerics on trial, left his job as the Archdiocese’s chief investigator of wayward priests.
Though not criminally charged in the 2005 grand jury report, Smith was left in his parish two years after Archdiocesan officials learned of the abuse in 2002. Two years later, after additional allegations of abuse arose, Smith was removed from active ministry.
Like most prior victims of clergy sexual abuse mentioned during the trial, Smith was not directly involved with the two clerics on trial. Rather, prosecutors have been permitted to bring in other cases to try to prove to the jury their theory of a long practice in the Archdiocese of ignoring or covering up after priests accused of sexually molesting children.
Lynn, as secretary for clergy, was responsible for investigating allegations of sexual abuse of minors made against priests. He is the first church official criminally charged with enabling or covering up such allegations against Catholic clergy.
Lynn’s codefendant, the Rev. James J. Brennan, is charged with attempting to rape a 14-year-old boy in 1996.
Both have denied the allegations.
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.