Clergy Abuse Attorney

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."

Posted by Joseph H. Saunders at 06:47 PM | Permalink

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.

Posted by Joseph H. Saunders at 11:06 AM | Permalink

After many years of representing survivors of priest sexual abuse, I've come to recognize the various euphemisms or code words that the church has used to hide the sexual abuse perpetrated by its priests, nuns, and religious. These words are found in the internal church documents which are only available after long and difficult court battles with the church. Such words as particular friendship, indiscretion, abnormal relationship, overfamiliarity, unfortunate incidents, unacceptable behavior are code words for sexual abuse of minors. Even such words as alchoholism, depression, and stress have been used to cover up the underlying issue of sexual abuse. When I've examined the personnel records of these priests, I've found such terms as "on sabbatical", "on medical leave", "absent" or "further study" to describe why they aren't functioning as priests. Another way in which church officials avoid frank talk about sexual abuse problems is by using latin terms such as "stuprum" (sodomy), "De re turpi cum infantibus" (sexual abuse of minors), "Delictus contra naturam cum eodem sexu" (homosexual acts), and "mulier" for women.
These code words keep sexual abuse hidden and cloaked in the language of the church.

Posted by Joseph H. Saunders at 10:26 AM | Permalink

It can be very frustrating for survivors of sexual abuse to realize that they can't have their day in court to face their accuser because the statute of limitations has expired. This phenomenon occurs in both the civil and criminal realms. In these circumstances, the priest abuser often goes on with his life without facing the reality of what he has done. There is no priest abuser registry wherein people can find out if their retired priest has a history of abusing children.

However, the church can and should utilize some of the tools at its disposal. One such tool is a canonical trial whereby the accused has to face the consequences for his actions. I have been involved in these situations and my clients have often felt vindicated by the results. It is a way for the truth to come out and the survivor to tell his or her story. It's part of the official canon law of the church and should be put into practice in more instances in which sexual abuse with a minor has occurred.

Posted by Joseph H. Saunders at 11:08 AM | Permalink

Several years ago now, I filed suit on behalf of a young victim of priest sex abuse in Orlando. We are just now taking depositions. The defendants in the lawsuit, the Dioceses of Orlando and Gary have been slow to give us church documents, if they produce them at all. They've been even slower in producing witnesses for deposition. We've taken a few depositions and it's interesting to note that Sister Lucy Vasquez, OP, former Chancellor of the Diocese of Orlando and a canon lawyer, stated that Orlando did not have a "secret archive" when she was the Chancellor (Bishop Dorsey said they did have a secret file when he was deposed). Sr. Lucy's testimony is interesting since canon law (church law) requires each diocese to maintain a secret archive. Later in her deposition, she refused to call the sexual abuse scandal in the Catholic Church a scandal.

Denial and the nefarious need to protect the institution of the Church brings many church leaders to neglect the welfare of children and allow the crisis of sexual abuse to grow and fester. As a trial lawyer, it's my job to get at the truth so that this scandal of sexual abuse is brought to a halt once and for all. If the Church is unwilling to deal with the problem, its up to the civil and criminal courts to expose these heinous acts and seek justice.

Posted by Joseph H. Saunders at 09:13 PM | Permalink

In the Manchester Union Leader there is an article depicting current NH bishop John McCormack's role in the abuse of children in Boston. While this is not new news, it's important to understand what happened that allowed so many innocent children to become victims of child sexual predators. McCormack dismissed or ignored complaints for years. As a bishop, he transferred offenders from one place to another, never informing law enforcement of the crimes. Now, instead of a scandal that might fade away with time, the church is facing a crisis of confidence in its leadership that won't go away with the likes of McCormack still in charge.

Posted by Joseph H. Saunders at 09:44 AM | Permalink

Last Friday, Philadelphia Cardinal Justin Rigali called his priests and seminarians together at St. Charles Seminary in Overbrook to hear the stories of sex abuse victims. "It is extremely important for us to hear their stories firsthand so that we may see the human face and hear the human voice," Rigali said.

The following Monday, Rigali dispatched his lawyers to court to argue for the dismissal of these same cases. The Cardinal, it seems, is willing to listen, just not in a courtroom where it could cost him and his archdiocese political and public relations capital if the lurid tales of abuse reach the light of day.

Posted by Joseph H. Saunders at 08:53 AM | Permalink

At a three day national conference for victims of sexual abuse, retired Auxiliary Bishop Thomas Gumbleton spoke out harshly against his brother bishops for their failure in dealing pastorally with victims of abuse. "It's become a corporate entity," Gumbleton said of the church.

"I find it hard how any bishop could care more about money than about children," he said. "Even if we became totally poor, that's where the church started -- who cares?"

Gumbleton has already been ostracized for his prophetic and courage stance.

Posted by Joseph H. Saunders at 05:02 PM | Permalink

The Catholic Church in the United States is mounting a new but not so subtle PR campaign. The new target: lawyers. Mark Chopko, general counsel to the U.S. Conference of Catholic Bishops, has actually gone so far as to encourage sex abuse victims to approach the church without attorney representation. "The group that stands to gain the most from this is the plaintiffs' bar," Chopko said. What Chopko fails to mention is that lawyers wouldn't be involved in the first place if priests had kept their paws off the children and the Church hadn't decided to cover up for these monsters.

Posted by Joseph H. Saunders at 01:38 PM | Permalink

It's a sad phenomenon that so many members of the clergy, particularly Catholic clergy, have committed heinous acts of sexual abuse on minors. While the rumblings of such a scandal were heard in the 1980's, it wasn't until the Boston situation exploded in 2001-02 that the scandal gained nationwide attention. Since then, victims have been coming forward in droves to tell tales of horrific abuse at the hands of bishops, priests, nuns, and brothers.

Continue reading "Church Sexual Abuse and its Victims" »

Posted by Joseph H. Saunders at 11:23 AM | Permalink