Clergy Abuse Attorney
The Catholic Church Did Know About Sexual Abuse in the '40's and '50's
Category: Secrecy and Coverup in the Church
Documents unearthed by Tom Doyle, O.P. a Dominican priest and hero to the surivors of priest sex abuse, have revealed the bishops of the Catholic Church DID know the dangers and recidivistic nature of priests who prey sexually on minors. In excerpts of letter from the head of the Servants of the Paraclete in Jimez Springs (a treatment center for wayward priests), warned bishops that such priests should be laicized rather than return to ministry.
Hence, leaving them on duty or wandering from diocese to diocese is contributing to scandal or at least to the approximate danger of scandal....We find it quite common, almost universal with the handful of men we have seen in the past five years who have been under similar charges - we find it quite universal that they seem to be lacking in appreciation of the serious situation. As a class they expect to bound back like tennis balls on the court of priestly activity. I myself would be inclined to favor laicization for any priest, upon objective evidence, for tampering with the virtue of the young, my argument being, from this point onward the charity to the Mystical Body should take precedence over charity to the individual and when a man has so far fallen away from the purpose of the priesthood the very best that should be offered him is his Mass in the seclusion of a monastery. Moreover, in practice, real conversions will be found to be extremely rare. Many bishops believe men are never free from the approximate danger once they have begun. Hence, leaving them on duty or wandering from diocese to diocese is contributing to scandal or at least to the approximate danger of scandal." (Sept. 12, 1952, ).
1957:
Fr. Fitzgerald wrote to Bishop Matthew Brady of Manchester NH on September 26, 1957:
'From our long experience with characters of this type, and without passing judgment on the individual, most of these men would be clinically classified as schizophrenic. Their repentance and amendment is superficial and, if not formally at least sub-consciously, is motivated by desire to be again in a position where they can continue their wonted activity. A new diocese means only green pastures."
Vermont Jury Awards $8.7 Million in Priest Abuse Case
Category: Abuse in the News
In what is clearly one of the largest civil settlements in this rural New England state, a Chittenden County jury returned an $8.7 million verdict in favor of a survivor of sexual abuse. The verdict included both compensatory and punitive damage awards. The priest abuser, Rev. Edward Paquette, was not a named defendant in the civil suit.
A key factor in the trial may very well have been the fact that Paquette had abused prior to his arrival in the Diocese of Burlington. The prior abuse had occurred in Indiana and Massachusetts. An aggravating factor may have been that the bishop at the time John Marshall retained Paquette in spite of knowlege of abuse in Rutland Vt.
While the jury verdict in Vermont is a victory for all survivors of priest sex abuse it also clearly demonstrates why the revelation of internal church documents, the so-called secret files, are so important in these types of cases. Often without access to these files, plaintiffs and survivors of sexual abuse can not prove their case and are unfairly denied justice. It is precisely these secret, internal church files that reveal the long and sordid history of abuse and Catholic Church cover-up. It's amazing that it's the same whether it's a tiny diocese like Burlington or a huge metropolitan archdiocese like Los Angelese or Boston. The church officials, bishops and their assistants spared no cost in hiding and covering-up for these sex abusers.
The Aftermath of Benedict's Visit: More of the Same?
Category: Abuse in the News
After Pope Benedict's visit to the United States, there is a disturbing report from Reuters that one of his top lieutenants is backtracking on reported statements he supposedly gave the NY Times about church law reform. It was widely reported over the weekend that Cardinal William Levada, Benedict's successor in charge of dealing with priest abusers, had spoken about changing canon law to help victims report abusive priests and have them removed from the priesthood.
Reuters is now reporting that the Times article was "misunderstood" and that he never made such comments about reforming church law. Levada went on to say in his retraction that he doesn't believe some US bishops aided and abetted priests who molested children.
Such backtracking is not a good sign in the wake of Benedict's hopeful actions this past week. If it's true that the church's top official dealing with priest abuse doesn't believe that some bishops weren't complicit in hiding and continuing the abuse scandal, we've taken a major step backwards. It's just this type of double talk that re-victimizes survivors and gives the church a black eye. After all, when one reads the Boston documents concerning Cardinal Law's complicity in hiding and helping priests who abuse, how could one conclude that Law wasn't guilty and had to resign? Law isn't the only bishop who covered up. The list is long and filled with high ranking cardinals and bishops: Cardinal Mahony, Cardinal George, Bishop Grahamm, to name a few.
Pope Benedict Won't Meet with Sex Abuse Victims
Category: Abuse in the News
In the Catholic Church's version of "see no evil, hear no evil" church officials have decided that Pope Benedict XVI will not meet with or address the priest abuse scandal when he arrives in the United States for his first papal visit later this month. If the news wasn't bad enough, his advisers have clumsily spoken to the press adding fuel to the raging fire.
The Vatican insists that any meeting with the victims would reopen old wounds, and several senior aides have indicated that they felt the matter was "now closed".
Monsignor Pietro Sambi, the papal ambassador to the US who was in charge of planning the trip, said the Pope would turn 81 in America, and did not have the strength to visit Boston. "He just can't go everywhere," he said.
Cardinal Tarcisio Bertone, the Pope's second-in-command, said the church had already "responded with great dignity" to the situation, and added that the "clamour created in the US around this scandal is really unbearable".
Cardinal Claudio Hummes, the prefect for the Congregation for the Clergy, said the media had "exaggerated" the issue of paedophile priests.
I guess the Pope's decided to bury his head in the sand, hoping this will just blow over. It's surely not a very smart public relations move and an even more thoughtless pastoral move. Here he is on his first visit to the United States as Pope and he refuses to confront the greatest issue facing the church in America since the Second Vatican Council. I wonder if he received any advice from the American bishops or cardinals. At least, they were smart enough to keep their thoughts to themselves and not broadcast them to the media.
Orlando and Gary Bishops Face Another Fr. Emerson Lawsuit
Category: Abuse in the News
Last week, I filed another sex abuse lawsuit against Fr. Richard Emerson and the Dioceses of Gary, Indiana and Orlando, Florida. Emerson, a priest of the Diocese of Gary, molested a young Orlando man while he had permission to work as a priest in the Diocese of Orlando. Emerson would buy the child gifts, give him money, and ply him with alcohol before sexually molesting him.
Three States Consider Opening Statute of Limitations for Sex Abuse Victims
Category: Abuse in the News
State Legislators in Maryland, Colorado, and Wisconsin are considering new legislation that would allow victims of sexual abuse to confront their abusers in civil court. The new proposals would provide victims a window to bring their claims in a court of law. Of course, institutions such as the Catholic Church are vigorously opposing the measures, arguing that the new laws would be unfair to them. However, state legislators are recognizing that the old laws unfairly deny victims an opportunity to seek justice because of the unique nature of the injuries they sustained as children.
Colorado Revisits Lifting Statute of Limitations on Sex Abuse Lawsuits
Category: Abuse in the News
Rep. Gwyn Green, D-Golden has introduced legislation in the Colorado State Legislature that would lift the ban on sexual abuse lawsuits involving children as well as provide a two-year window for past abuse claims to be filed in court. In spite of a defeat in 2006, Rep. Green thinks this time the law has a good chance of passing. Children's advocates have been pressing legislators across the country for more equitable laws that actually protect children from sexual predators and the institutions that hide them.
Davenport Diocese Settles Priest Abuse Cases for $37Million
Category: Abuse in the News
The Diocese of Davenport in Iowa has settled 156 sexual abuse cases for $37 million. Part of the settlement will be set aside for other abuse victims who may come forward in the future. As part of the settlement, the survivors will be able to speak with the press and in Catholic churches about the abuse they suffered as well as the tremendous damage the abuse wrecked in their lives. As a result of the settlement, the Diocese of Davenport will be able to come out of bankruptcy which it entered in October 2006.
Rhode Island Church Documents Shed Light on Church's Actions
Category: Abuse in the News
Now that the Diocese of Providence has been forced to turn over church documents about abusive priests. In one instance in 1979 concerning Rev. Ronald Lepire, thenAuxiliary Bishop Kenneth Angell suggested transferring Lepire after police began investigating an allegation about Lepire putting his hands down a boy's pants. Angell wrote on diocesan stationery, " "For confidential reasons, Fr. Roland M. Lepire now at St. Aloysius, Woon must be transferred at once," "He should not be reassigned in the Woonsocket area." In another church document, the church lawyer advised a priest to tell then-Bishop Gelineau about the incident. In the conversation, the priest was advised not to mention the word misconduct. The lawyer advised him to talk to the Bishop since "that would provide some significant measure of protection."
Monsignor Dale Fushek Still Working as a Priest
Category: Abuse in the News
In spite of the Diocese of Phoenix' directives to the contrary, Monsignor Dale Fushek is functioning and ministering to congregants. He held a "praise and worship" service at the Mesa Marriott in direct contravention of his bishop's orders. Fushek has been indicted on 7 counts of inappropriate sexual behavior with teens from 1984 until 1994. Fushek is officially on administrative leave from the Diocese of Phoenix pending his court case.
Andrew Greeley and the Catholic Church Sex Abuse Crisis
Category: Abuse in the News
Rev. Andrew Greeley, in his column in the Chicago Sun Times, has written an insightful article on the real nature and root causes of the sex abuse crisis in the Catholic Church. As he himself points out, it's not really his theory and its not new but it's worth taking another look at it, especially now that the Catholic bishops have given us a glimpse of the final John Jay Report due out in a year or so from now. Unlike the John Jay Report, Greeley sides with a noted sociologist (Greeley himself is one) Professor Anton Shupe of Purdue University. According to Shupe, the root cause of the crisis is power. It's not, as the report wants us to think, changing societal and sexual mores or media hype that is at the base of the sex abuse crisis. Rather, it's an abuse of power where the weak are preyed upon by the strong.
Orlando Priest Took $500,000 in Gifts, Cash from Elderly Woman
Category: Abuse in the News
Rev. Frank Mutsko, a Catholic priest who'd been working in the Diocese of Orlando took $500,000 in cash, a car, two homes, and other gifts from an elderly parishioner of St. TImothy's outside of Ocala. Now, Carol Brinati, spokesperson for the Diocese of Orlando, stated that Mutsko broke no rules in accepting the gifts. In all likelihood, he didn't break any criminal laws either. That's not the point. A priest, like a doctor, a counselor, an attorney needs to be able to know when receiving a gift is appropriate. A cardinal rule in the priesthood is to avoid giving scandal. That means avoiding even the appearance of impropriety. You can't tell me taking that amount of gifts from a parishioner doesn't appear wrong. The family of the elderly woman is crying foul. They believe the priest took advantage of her. Priests are in a unique position of authority and power in the Catholic community. The Catholic faith teaches that the priest's place in the community is in persona Cristiwhich is Latin for in the person of Christ. That's a lot of power and with it comes the requisite amount of responsibility to not abuse that power and authority.
Sex Abuse Trial Begins in Scranton
Category: Abuse in the News
A Catholic priest's sexual abuse trial begins today in Scranton, PA after a jury was chosen yesterday. The judge ruled in favor of the survivor to hold a separate trial on punitive damages if the former altar boy prevails in his negligence trial against Rev. Albert Liberatore and the Diocese of Scranton. Libertore was found guilty of abusing the young boy and was sentenced to five years probation. He has since been dismissed from the priesthood.
Jesuits "Cooperate Extensively" With Feds re. Donald McGuire
Category: Abuse in the News
Soon after Jesuit priest Donald McGuire was charged with molesting minor boys, the Chicago Province of the Jesuits issued a statement saying it has "cooperated extensively" with the federal probe into the convicted Jesuit priest. If that's true, why did the Jesuits state about nine weeks ago that they had no other knowlege of abuse by the priest than the abuse for which he'd been convicted? It turns out from the publication of their own internal documents that the Jesuits DID know about McGuire as far back as 1969. That doesn't seem to be "cooperating extensively" with the federal government. But, maybe the Jesuits had a "mental reservation" about releasing such information. Perhaps, they were more interested in concealing McGuire's history for the "good of the Church" so as not to give scandal. It's a pity they weren't so concerned with the numerous boys McGuire molested after 1969!
Catholic Church Reformed? Think Again!
Category: Abuse in the News
If you think priest abuse is old hat and we're beating up on the Church, check out SNAP. You'll see that the Church is still concealing and deceiving us about abusive priests. They refuse to tell the truth. That's why we have to drag them into the light of day ie. court. We need access to their documents and their files if justice is going to be accomplished. This is an ongoing mission much like the civil rights movement of the 1960's.
Jesuit Priest Confidential Files Reveal Decades of Abuse
Category: Abuse in the News
The publication of the Rev. Donald McGuire's priest files reveals not only a history of sexual abuse but, more disturbingly, that the Chicago Province of the Society of Jesus (Jesuits) had known that McGuire was sexually abusing children since at least 1969. He's been convicted of abuse and up until recently the Catholic Church denied they knew anything about McGuire's criminal behavior. However, the records show a different story. That's why the Catholic Church fights tooth and nail to keep secret these documents. They reveal a history, pattern, and practice of deceit, cover-up, and conspiracy to hide the criminal behavior of abusive priests. The documents, also known as the secret archival files or confidential files, are crucial if the public, especially children are going to be safe from these predatory priests.
Gerald Renner, Journalist Who Exposed Priest Abuse Dies
Category: Abuse in the News
Gerald Renner, long-time religion reporter for the Hartford Courant, died yesterday after battling cancer. Renner teamed up with Jason Berry to expose the priest sex abuse crisis that engulfed the Catholic Church in America. After Hartford Archbishop John Whealon commented on the conservative, secret nature of the Legionaries of Christ, Renner began investigating the religious order who had headquarters in Connecticut. What he found was the beginnings of the sexual abuse crisis in the United States. In 1996, he authored an in-depth expose of the Order's founder Rev. Marcial Maciel Degollado and how he had abused seminarians. In 2004, he co-authored with Jason Berry, "Vows of Silence: The Abuse of Power in the Papacy of John Paul II."
As we reflect on the life of this journalist, we should remember he was a friend to the survivor of priest sex abuse. He was never afraid to expose the truth no matter how powerful were the evil forces lurking in the shadows. He was a great man and a friend to the survivor movement. He will be missed.
Giuliani Employee is Accused of Sexual Abuse
Category: Abuse in the News
Catholic priest Alan Placa has been accused of abusing three children. Placa happens to be on of Rudy Giuliani's closest friends. So, when Placa was removed from ministry based on the molestation accusations, Guiliani hired him as a top consultant in his consulting company. Giuliani, former mayor of NY and presidential candidate, doesn't see the problem in hiring a priest accused of sexual abuse. Survivor advocates have begun protesting the hiring and are voicing their displeasure over Rudy's decision and apparent disconnect when it comes to the issue of sexual abuse.
Diocese of Providence Admits that Priest Abusers Are Double the Number They Revealed
Category: Abuse in the News
In court paper filed in connection with a survivor's lawsuit, the Diocese of Providence has revealed that the number of abusive priest in that diocese is double the number they stated in 2004. The previous number of priest abusers was said to be 56. Now that number has been raised to 125. In spite of this astounding revelation, the Diocese is still trying to fight the release of church documents. For those of us in the trenches, this is not something new or surprising. As I stated in a previous post, the release of church documents is the only way to bring the abusers and the church who hid them into the light of day and into the halls of justice.
Discovery Key to Fighting Clergy Sex Abuse
Category: Secrecy and Coverup in the Church
As a trial attorney dedicated to helping survivors reclaim their lives and attain justice, it's absolutely crucial that we are able to gain access to church files containing information about priest sex abusers. Church files document the lives and secrecy of the abuse as well as how the Church has dealt with perpetrators and survivors. If reform is to happen and the scourge of sexual abuse is to be stopped, we have to get to the source of the problem. The Church fights tooth and nail to keep these documents out of the public eye. It even goes so far as to deny the existence of secret or confidential files such as those mandated by canon law in the secret archives. These sub secreto files contain evidence of abuse and coverup at the highest levels. One need only look at documents produced in Los Angeles or Boston to see the extent of the damage and the coverup. The discovery and publication of these secret files led to the resignation of Cardinal Law and Boston as well as the settlement with Cardinal Mahony in Los Angeles. More importantly, the publication of such secret files has led to some important reforms in some states. This is a good trend for public safety and the protection of our children.
The Next Sexual Abuse Battleground: Latin America
Category: Abuse in the News
While it's clear to all who are working with survivors of priest sexual abuse that the crisis in the United States is not over, the next battleground will be Latin American. The next wave of survivors will be Hispanics who are fiercely religious and where sexual abuse of the faithful has gone underreported and often unreported in most sectors. The Church remains a very strong cultural influence in the latin community. Priests and nuns are revered and their behavior is often unquestioned. I recently lost a priest sexual abuse case in Puerto Rico due to the statute of limitations. The survivor, who had been abused many years ago, was determined by the court to be time barred from seeking justice in the civil courts. Most survivors are not able to come forward to face their abusers for many years, sometimes decades because the abuser is a priest or a nun. The survivor has lived with the abuse and said nothing because they feared that saying anything bad about a priest would mean they would be sent to hell and cut off from the church.
Continue reading "The Next Sexual Abuse Battleground: Latin America"
Orange County Bishop Tod Brown to Face Contempt Charges
Category: Abuse in the News
Bishop Tod Brown may be the first Catholic bishop to be thrown in jail as a result of the priest sex abuse scandal that has rocked the Catholic Church since 2002. Brown's situation is somewhat different in that it comes after the Diocese of Orange County settled sex abuse claims for almost $7,000,000. However, it was Brown's actions during litigation that landed him in legal hot water. Brown sent Monsignor John Urell to a treatment facility in Canada after he suffered an apparent breakdown during a deposition regarding the sexual abuse cases. Plaintiff's attorneys had expected the contempt of court charge to be dropped since the case settled but diocesan attorney Peter Callahan insisted the hearing move forward in an attempt to clear the bishop's name. The contempt charge asserts that Urell was sent to the treatment facility in order to hide evidence of how the Diocese handled abuse allegations. Urell had been the chancellor of the Diocese and was in charge of hearing and investigating charges of abuse.
Detroit Archdiocese Restructures To Avoid Abuse Lawsuits
Category: Abuse in the News
Cardinal Adam Maida is a canon lawyer as well as a civil lawyer. His plan to make individual parishes independent entities will help him avoid abuse litigation resulting from sexual abuse by Catholic priests of the Detroit Archdiocese. Detroit, like other archdioceses and dioceses around the country, are structured as a corporation sole. This rare corporate structure gives the archbishop or bishop complete, unquestioned power and control over all aspects of parish finances, property and administration. In essence, everything belongs to the bishop.
Former Dominican Republic Bishop Accused of Sex Abuse in Venice Diocese
Category: Abuse in the News
A bishop from the Diocese of Bani in the Dominican Republic who had retired early has been accused of sexual abuse of a Cuban refugee. The bishop, Priamo Tejeda-Rosario, had been working in the Diocese of Venice for the past nine years. The circumstances surrounding his early retirement are not known at this point.
Archdiocese of Chicago Settles 1st Lawsuit Involving Rev. Daniel McCormack
Category: Abuse in the News
The Archdiocese of Chicago has agreed to settled one lawsuit for $1.6 million involving the Rev. Daniel McCormack. According to lawyers involved in the case, the 15 year old survivor and his family agreed to settle the case in order to pay for therapy. Two suits against McCormack and the Archdiocese are pending. Unfortunately, the settled lawsuit did not produce any documentation concerning church conspiracy or cover-up which is usually revealed as a result of litigation.