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Clergy Abuse Attorney

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Editor: Joseph H. Saunders
Profession: Attorney at Law

August 02, 2010

By Joe Saunders

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What About the Bishops?

Category: Abuse in the News

The Catholic Church's new sex abuse laws codify what should have been happening in the United States since the Dallas Charter. What the new laws don't deal with is the real problem. There's no mention of penalties, censures, or removal from office for bishops who continue to hide and cover-up for the abusive priests. While the US bishops have become quite good at singing from the same hymnal (abuse cases are old news, now we've cleaned up the church) the last few years, they have never been held accountable for what they did and didn't do that allowed the sex abuse scandal to fester and grow in the first place.

Most observers believe the Catholic Church priest abuse scandal was an institutional problem that requires an institutional response. Yet, none is forthcoming.

March 08, 2010

By Joe Saunders

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Pope's Brother Says He'd Testify in Priest Abuse Cases

Category: Abuse in the News

Rev. Georg Ratzinger, older brother of Pope Benedict XVI, gave an interview to a German newspaper about allegations of sexual abuse in the choir he ran for years. In the interview, Ratzinger states that he knows nothing about any sexual abuse during his tenure at Regensburger Domspatzen choir in Germany. He recalls instilling "discipline and rigour" among choir members but denies any sexual abuse during his 30 year tenure there. When asked about the sexual abuse crisis in Germany, Ratzinger pointed to a "certain animosity toward the church". Since he stated he has no direct knowledge of any abuse in the choir, it's hard to know what Ratzinger could provide as far as testimony. Let's hope his younger brother doesn't regard sexual abuse allegations as stemming from "animosity toward the church" since it's well documented that widespread abuse occurred not only in Germany but throughout the world, including Ireland and the United States.

July 28, 2009

By Joe Saunders

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Chicago Bishop's Deposition Reveals Clerical Culture Dangerous to Kids

Category: Abuse in the News

The deposition of retired Chicago auxiliary bishop Raymond Goedert reveals the cloak and dagger side of the Catholic clerical culture hell bent on protecting the institution of the Church rather than children. The 180 page deposition taken in 2007 was released last week as part of a settlement agreement between sexual abuse survivors and the Archdiocese of Chicago.

The exhibits released as part of the deposition reveal the extent to which Goedert as second in command under former Cardinal Joseph Bernardin and present Cardinal Francis George went to hide and downplay the clergy sexual abuse of minors.

The deposition itself is an interesting read. Goedert, now retired, parses his words carefully and consistently corrects the lawyer when the attorney uses the word secret. Goedert prefers the word confidential in discussing how priest abuse allegations and the admissions of priests accused of abuse in handling the scandal. Most importantly, Goedert admits that the abuses were crimes but no one including himself ever reported these crimes to law enforcement officials. Rather, Goedert as head of priest personnel preferred to handle the matters in consultation with diocesan attorneys. The only instances in which parishioners were informed of a priest's sexual abuse history occurred after the offending priest had been charged with a crime or the media obtained the story.

It's a sad history for the Catholic Church in Chicago, no less tragic and scandalous as the history in Boston or hundreds of other cities across the country. The clerical culture fomented secrecy in dealing with abuse thus enabling scores of abusers to continue abusing and children suffering the effects of abuse.

Is this tragic history over? Unfortunately, not by a long shot. Dioceses continue to cover up, obfuscate, and downplay what has happened and in some instances, continues to happen in Catholic communities around the country.

May 26, 2009

By Joe Saunders

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Irish Abuse Report and Priest Abuse

Category: Abuse in the News

The recently released Irish abuse report depicts a secular government and the Catholic Church out of control and lacking any accountability to its citizens. While some have argued after reading the report that physical abuse was rampant in Irish culture, there's no excuse for the sadistic physical, mental, psychological, and sexual torture young Irish children endured in the Catholic orphanages and boarding schools. What makes matters worse is that the report doesn't contain the names of the abusers. Without the public revelation of the abusers there's no justice for the abused.

In the United States, survivors still fight to force the Catholic Church to hand over documents revealing the names and deeds of abusers. In some places, such as Los Angeles and Bridgeport Ct, the survivors have been successful. Yet, in many other states in our country, the struggle for justice continues.

April 14, 2009

By Joe Saunders

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Paraguayan President Fathered Child When He Was a Bishop

Category: Abuse in the News

The president of Paraguay, Fernando Armindo Lugo Méndez, has admitted to fathering a child with a young woman while he was a Catholic bishop. The revelation has rocked the political and religious world in South America. The child, now 2 years old, lives with his mother a 26 year old Paraguayan who sued the president over paternity.

The most shocking and disturbing aspect of the revelation is that the former Catholic bishop began abusing the woman when she was 16 years old. This is just another of the many, many abuse stories that continue to pour out of countries around the world. The sexual abuse crisis is not new and shows no signs of abating in spite of what the US bishops continue to parrot. Ireland's primate has warned that the sexual abuse report that will be made public later this month will rock the Catholic Church in Ireland.

March 18, 2009

By Joe Saunders

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NY Child Victims Act Passes Out of Committee

Category: Abuse in the News

By an 11-8 vote, the NY State Codes Committee has passed the Child Victims Act which will give survivors of sexual abuse a one year window in which they can bring their cases to court. Under current law, most abuse cases are barred because of the restrictive statute of limitations. Now that the Codes Committee has passed the bill, the legislation will come to a floor vote for the entire New York State Assembly. In the next few weeks, state legislators will be bombarded with Catholic Church lobbyists opposed to the bill. Hopefully, they will do the right thing and pass the measure to protect children and send a clear message to our society: sexual predators and those who protect them will not be tolerated.

March 12, 2009

By Joe Saunders

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NY State Legislature Looks to Help Sex Abuse Victims

Category: Abuse in the News

While the NY State Legislature has entertained legislation that would help victims of sex abuse before, there was never a realistic chance the legislation would become law. The Catholic Church lobby in New York has always held sway over a Republican controlled legislature. However, this year may be different. With a Democratically controlled Legislature and a supportive Governor, the Child Victims Act of 2009 has a very good chancing of becoming law in NY.

The bill, if signed into law, would give victims of sexual abuse a one-year window (similar to the legislation passed in California and Delaware) to revive lawsuits and claims against the perpetrators of sexual abuse as well as the religious institutions that abetted them.

It's premature to start declaring victory for justice and victims' rights. The Catholic Church in New York is very powerful and its lobby in Albany is well organized and prepared to fight tooth and nail. Bishop DiMarzio of Brooklyn has thus far been leading the charging against victims' rights. Brooklyn is the largest diocese (not archdiocese) in the country and DiMarzio has formidable political skills.

So, stay tuned and if you live in NY, lobby your representative and Senator to pass this important legislation.

November 25, 2008

By Joe Saunders

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Ft. Lauderdale Youth Minister Arrested and Charged with Sex with Teen Parishioner

Category: Abuse in the News

Brent Edwards, a 33 year old Green Acres youth minister has been arrested and charged with have sex once a week for a year with a teenage parishioner. Edwards, who runs Extreme Revolution Youth Ministries, is now being held at the Palm Beach County Jail on $100,000 bond for the two felonies he's charged with.

October 28, 2008

By Joe Saunders

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Bishop Braxton Fights Priest Abuse Lawsuit

Category: Abuse in the News

When Pope Benedict XVI admonished US bishops to do everything they can to promote the healing of abuse victims, his words were met with cautious optimism. I presume Bishop Edward Braxton of Belleville, Il. was present at that meeting. Yet, a little more than six months later Braxton has chosen to fight an abuse victim in court. He isn't denying the abuse took place. Rather, he's relying on the legal technicality of the statute of limitations to deny Chris Amenn justice and an opportunity for healing. Amenn, now a local firefighter, was abused in 1984 by Rev. Kenneth Roberts.

I wonder what Pope Benedict would think of Bishop Braxton's actions? It surely doesn't seem to be the pastoral approach which Benedict called for in his April trip to the United States.

October 13, 2008

By Joe Saunders

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Mother Teresa's Former Spiritual Director Sex Abuse Trial Starts

Category: Abuse in the News

Rev. Donald McGuire's sex abuse trial began last week in Chicago. McGuire, a Jesuit priest who served as Mother Teresa's spiritual director is accused of taking children across state lines to sexually abuse them. Two men who accuse McGuire of molesting them when they were teenagers testified in court that McGuire used the confessional to ask them about their sex lives. One of the boys testified that he would confess to masturbating and that McGuire warned him that the boy would go to hell if he didn't control it. McGuire's method of helping him "control it" involved pornographic material and videos. The abuse included fondling and oral sex.

As is typical in these cases, the priest used his position of authority to gain intimate access to the young boys. He took advantage of their youth, fear, and his God-like status as a priest to sexually satisfy himself.

September 24, 2008

By Joe Saunders

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Lawyer Sues Syracuse Diocese for Information

Category: Abuse in the News

A lawyer representing priest abuse victims is suing the Diocese of Syracuse for its personnel records concerning a serial pedophile priest. As is typical and tragic, the priest was shuffled from diocese to diocese and parish to parish enabling him to continue to molest innocent, unsuspecting children along the way. Rev. John Broderick was indicted for molesting three boys under the age of 11. Unlike most priest abuse cases, this one is relatively recent. Broderick was ordained a priest in 1989 but hasn't served in that capacity since 2004.

Once again it's going to be a fight over the internal church documents. Fortunately, courts around the country are starting to the patterns of corruption and coverup and are granting motions to compel production of these church documents.

August 28, 2008

By Joe Saunders

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Jury Awards $5 Million in Belleville Diocese Sex Abuse Case

Category: Abuse in the News

An Illinois jury has awarded a survivor of priest sex abuse $5,000,000. The jury believed the survivor's story that Rev. Raymond Kownacki sexually abused him and other youths, and that top officials of the Belleville Diocese covered it up for decades, including the former Bishop Wilton Gregory. Gregory, now Archbishop of Atlanta and rumored to be in the running for Archbishop of New York, didn't give key documents to his Belleville Review Board which allowed Kownacki to continue to abuse others. Furthermore, it made it impossible for the Review Board to help other Kownacki victims.

This suit was brought in 2002 and demonstrates how the wheels of justice can turn slowly at times, but they do turn. This is a victory for all survivors whose courage and strength have uncovered one of the greatest tragedies of the last 25 years: the abuse of power in the Catholic Church.

July 01, 2008

By Joe Saunders

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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."

May 14, 2008

By Joe Saunders

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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.

April 20, 2008

By Joe Saunders

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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.

April 07, 2008

By Joe Saunders

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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.

February 19, 2008

By Joe Saunders

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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.

February 07, 2008

By Joe Saunders

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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.

January 17, 2008

By Joe Saunders

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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.

December 04, 2007

By Joe Saunders

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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.

December 03, 2007

By Joe Saunders

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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."

November 28, 2007

By Joe Saunders

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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.

November 21, 2007

By Joe Saunders

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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.

November 08, 2007

By Joe Saunders

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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.

November 06, 2007

By Joe Saunders

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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.