The Rev. Peter Cheplic, left, allegedly molested Joe Capozzi for several years. The two are seen here on Capozzi’s 14th birthday in the early 1980s.Courtesy Joe Capozzi
Norberto Nierras says he saw the man with the shock of white hair all the time along Home Avenue, a residential block that teems with children from the Catholic elementary and high schools a few hundred yards away.
The man, Nierras said, came and went as he pleased, strolling the Rutherford neighborhood or sitting on a bench outside the four-story building he called home: the St. John Vianney Residence for Retired Priests.
What Nierras didn’t know is that the man, the Rev. Msgr. Peter Cheplic, had been accused of drugging and molesting four teenage boys in the 1970s and 1980s. Or that the Archdiocese of Newark found the claims credible enough to remove him from ministry in 2006.
Cheplic, who has denied the allegations, is one of at least seven alleged sexual predators quietly placed in the Rutherford retirement home in the past decade, The Star-Ledger found. Some lived there a short time. Others have stayed for years. Neighbors said they were never informed of the men’s presence until told by a reporter.
“Parents need to be made aware of this,” said Nierras, 25, who has lived across the street from St. John Vianney for more than three years. “There are kids around this area constantly. I’m pretty sure people would be upset. I’m upset.”
Eleven years after the nation’s bishops confronted the clergy sex abuse crisis, vowing at a landmark summit in Dallas to make the protection of children a priority and to open a new era of transparency, the church continues to wrestle with a host of vexing questions and competing interests.
Does a credibly accused priest’s privacy trump public safety? Is the church capable of supervising alleged abusers? Should such priests even remain under the church’s care, drawing a salary, room and board?
All of those questions apply to people like Cheplic, who was barred from public ministry but not criminally prosecuted because, by the time his accusers came forward, the deadline to charge him had expired under the statute of limitations. Across New Jersey’s five dioceses, dozens of priests are believed to be in the same sort of limbo.
They include diocesan priests and clerics of religious orders, such as the Christian Brothers and the Benedictines. And they include priests who were barred from ministry in other states and have moved to or returned to New Jersey.
One such priest, Robert Petrella, took up residence in North Arlington after two convictions for molesting children in Maryland, records show.
Precisely how many others there are — and where most of them live — remains unclear, because the state’s bishops, by and large, refuse to publicly discuss the matter.
The Rev. Michael Fugee was charged in May with violating a court-sanctioned agreement to stay away from children.John O’Boyle/The Star-Ledger
The issues of supervision and transparency have taken on a renewed urgency in New Jersey this year following a series of revelations by The Star-Ledger about the Rev. Michael Fugee and other priests.
Fugee, 52, was criminally charged in May after the newspaper disclosed he attended youth retreats and heard confessions from minors in violation of a court-sanctioned agreement to stay away from children. He has since been released on bail.
Newark Archbishop John J. Myers and his spokesman, Jim Goodness, would not comment for this story, declining to say if other accused priests lived in the Rutherford residence or in a second retirement home for priests in Caldwell.
The Star-Ledger found at least two accused clerics lived in Caldwell, address records show. That facility, too, is next to a Catholic elementary school, Trinity Academy, on the grounds of St. Aloysius Parish.
A Monitoring System With Limitations
The newspaper posed more than a dozen questions about supervision and transparency to New Jersey’s bishops. Paterson Bishop Arthur Serratelli declined comment. A spokesman for Camden Bishop Dennis Sullivan referred the newspaper to its website.
The site contains the diocese’s policies for child protection, links to county prosecutors’ offices and statements about priests who have been removed from ministry over abuse allegations. The site does not specify what has become of those men.
Spokeswomen for Trenton Bishop David M. O’Connell and Metuchen Bishop Paul Bootkoski issued statements that did not address the number of priests under supervision or where they are housed.
O’Connell’s spokeswoman, Rayanne Bennett, said the diocese immediately notifies law enforcement of abuse allegations and alerts pastors and the public to suspensions. The diocese also works to ensure suspended priests do not have access to parish or school communities, Bennett said.
“The diocese makes every reasonable effort to maintain contact with the priest and exercise ongoing oversight,” she said. “However, the diocese has no legal power to control the individual’s place of residence or daily activities beyond the context of ministry.”
Bootkoski’s spokeswoman, Erin Friedlander, said the diocese “continues to seek out best practices for monitoring priests removed from ministry.” That effort, she said, takes into account the “dual values of protecting children and of upholding the church’s legal principle that persons accused of crimes are innocent until proven guilty.”
While Goodness would not discuss the issue, he did provide some information about supervision in an e-mail sent last month to pastors and administrators of Catholic schools to alert them this story was in progress. The newspaper has obtained a copy of the e-mail, in which Goodness said he expected “a significant amount of inaccuracy, misconclusions and polemics.”
Goodness wrote that 15 priests are currently under supervision and that four others whom Myers removed from ministry since 2001 have died.
The surviving priests must submit “periodic” written reports of their activities to the archdiocese. In recent years, Goodness wrote, the program has been expanded to include regular phone contact between the alleged abusers and the archdiocese’s minister for priests.
“In addition,” he wrote, “all clergy in the monitoring program are expressly advised that they cannot enter any school or facility offering any programs for youth or children.”
The Rev. Msgr. John Doran, seen here in 1997, was sacked as vicar general, the No. 2 position in the Archdiocese of Newark, after the Rev. Michael Fugee was found to have interacted with children.Star-Ledger file photo
But clearly, the system has limitations, as Fugee demonstrated by openly spending time with members of the youth group at St. Mary’s Parish in Colts Neck. The church’s pastor, two youth ministers and the archdiocese’s vicar general, or second in command to Myers, have since been removed.
In July, The Star-Ledger disclosed that the archdiocese allowed the Rev. Robert Chabak to live at an Oradell parish for several months after his Ocean County home was damaged by Hurricane Sandy.
Neither the archdiocese nor the pastor informed parishioners of his background. Chabak was removed from ministry in 2004 for allegedly molesting a boy over a three-year span.
When a few members of the parish raised an outcry, Chabak was transferred to the retirement home in Rutherford. He has since moved back to his private residence.
O’Connell, the Trenton bishop, also came under fire last month after it was revealed that for more than a year, he declined to tell a parish in Jackson why an assistant pastor, the Rev. Matthew Riedlinger, had been pulled from the church.
The bishop did so only after he learned The Star-Ledger was preparing a story about Riedlinger, who had been accused of sexually harassing several young men and engaging in explicit sexual conversations with someone he thought to be a 16-year-old boy. After the story ran, O’Connell suspended Riedlinger from ministry.
The Rev. Matthew Riedlinger was accused of sexually harassing several young men and had sexually explicit conversations with someone he thought to be a 16-year-old boy.
Observers from inside and outside the priesthood say the church has made enormous improvements in child safety since the 2002 summit in Dallas. An annual audit conducted on behalf of the U.S. Conference of Catholic Bishops found that in 2012, allegations against priests had dropped to their lowest level since data collection began in 2004.
At the same time, the observers say the incidents in New Jersey, along with others across the country, show that some bishops continue to operate too secretively and, as a result, put children at risk.
“Even though they pledged to be transparent in Dallas, here we are in 2013 and they’re not being forthright about who their offenders are,” said canon lawyer Patrick Wall, a former priest and Benedictine monk who now works for a Minnesota law firm that frequently sues the church over abuse allegations.
“The bishops have chosen to say the right words, but they have not followed through with their actions,” Wall said. “Until the day that cardinals and archbishops start going to jail, nothing is fundamentally going to change in the United States.”
‘We Should Have Been Told’
The St. John Vianney retirement home in Rutherford opened in 1982. With four floors of two-room suites, it has space for about 22 priests, according to the archdiocese’s website. A roof deck provides expansive views of the surrounding neighborhood. Mass is said in a small chapel.
Down the street sits St. Mary High School and the Academy at St. Mary, which educates students from kindergarten through eighth grade.
Anthony Escolin, whose son graduated from the academy, has lived across the street from the two schools for seven years. Escolin, 56, called them good neighbors, noting someone even knocked on his door to warn him about excess noise during a construction project.
But he has heard nothing from the archdiocese about the men cycling through St. John Vianney.
“It would have been nice to have that information so we could protect ourselves and our kids,” Escolin said. “We should have been told.”
The Star-Ledger identified accused priests who have lived at the retirement home in recent years by reviewing public address records and by interviewing visitors, including other priests. Neighbors also identified several priests from photos. The accusations against the men have been previously documented by The Star-Ledger and other news organizations.
Among the residents:
• The Rev. John Komar moved in at least six years ago, records show. Komar, now 75, was arrested in 2003 for viewing child pornography on a computer at Englewood Hospital and Medical Center, where he served as chaplain.
• The Rev. Robert Morel, 70, was removed from ministry in 1993 for fondling a teenage boy. He later pleaded guilty and was sentenced to six months’ probation. Separately, he was named in a civil suit alleging he sexually abused a boy for eight years.
The Rev. Eugene Heyndricks, seen here in 1990, pleaded guilty to soliciting sex from an underage prostitute in Montreal. He was later placed at the retirement home for priests in Rutherford. Heyndricks has since died.Star-Ledger file photo
• The Rev. Eugene Heyndricks, who had been assigned to parishes in Bergen and Hudson counties, was arrested in 2002 for soliciting sex from an underage male prostitute while visiting Montreal. Heyndricks pleaded guilty and was sentenced to two years’ probation. He has since died.
• The Revs. Edward J. Eilert and Joseph Rice were accused in 2002 of sexually abusing a teenage girl in the 1980s. The Union County Prosecutor’s Office declared the allegations credible but said it could not bring charges because it was beyond the time allowed under the statute of limitations.
Phillipsburg attorney Greg Gianforcaro, who filed suit against Rice on behalf of other alleged victims, visited the priest in Rutherford in the fall of 2010 to ask him questions related to one of the cases.
“I just could not understand how the archdiocese could house any pedophile priest so close to one of its schools,” Gianforcaro said. “I was stunned.”
The others identified by The Star-Ledger were Chabak, who was transferred to Rutherford for several months after complaints from parishioners in Oradell, and Cheplic, who was credibly accused of molesting four teenage boys.
Joe Capozzi was one of those alleged victims.
Now 44 and living in Manhattan, Capozzi was 16 when Cheplic allegedly began abusing him at St. Matthew’s Church in Ridgefield. Capozzi reached a settlement with the Archdiocese of Newark in 2006.
He said Cheplic has demonstrated he should be nowhere near children, and he called it outrageous that the archdiocese had placed him so close to two schools. Capozzi also contends priests should not be entrusted with watching over one another.
“They can’t police themselves,” Capozzi said. “They prove it time and time again. They still consider themselves their own little world.”
That view is shared even by some priests, who point to the recent scandals in New Jersey as evidence.
The Rev. Thomas Iwanowski, seen here, was removed from a parish in Oradell after allowing The Rev. Robert Chabak to repeatedly spend the night.
Chabak, for example, continued to spend nights at St. Joseph Roman Catholic Church in Oradell after the archdiocese transferred him to Rutherford, parishioners told The Star-Ledger. Chabak and the pastor at the time, Thomas Iwanowski, are longtime friends and own property together in Normandy Beach, records show.
Despite the church’s finding that the allegation against Chabak was credible, Iwanowski has defended his friend, saying he did not believe Chabak had abused a child.
Iwanowski has since been removed as pastor.
A similar scenario played out with Fugee, who, even after his arrest and release on bail, continued to spend nights at Holy Family Church in Nutley, parishioners told the newspaper. Fugee and the pastor, the Rev. Msgr. Paul Bochicchio, are good friends and travel companions, and Bochicchio has steadfastly proclaimed Fugee’s innocence in the parish bulletin.
Last month, Bochicchio was placed on sabbatical.
The Rev. Thomas Reese, a senior analyst for the National Catholic Reporter and the former editor of America, a Catholic magazine, said it is “nonsense” to believe pastors, already overworked, can properly supervise priests who have been credibly accused of abuse.
“He can’t act like a probation officer for another priest,” Reese said. “He has neither the training nor the time.”
View full sizeIn this screenshot from a newspaper for the Archdiocese of Newark, the Rev. Robert Chabak, right, is seen with the Rev. Paul Bochicchio, left, in 2004.
The conflict is exacerbated if pastor and priest are friends, Reese said.
“If you’re friends with the alleged criminal, you’re in denial, just like any family is,” he said.
In general, Reese is not wholly unsympathetic to the church’s position, particularly when it is confronted with elderly or ailing priests who committed abuses decades before.
“Sometimes there are extenuating circumstances,” Reese said. “If you’ve got a guy who did this 30 years ago and now he’s in a rest home with Alzheimer’s disease, are you going to take away his pension and wheel him to the sidewalk? This is complicated stuff.”
Some bishops move immediately to laicize credibly accused clergy members, or kick them out of the priesthood altogether, Reese said.
But that response, too, has drawn little consensus because of the obvious danger: potential predators released into communities, typically with no supervision at all.
“What we’ve learned is that this is not a sin or a disease that can be treated,” said Wall, the former priest who now serves as a victims’ advocate for the Minnesota law firm. “This is a true psychic infirmity, and the only way to treat it is to remove them from their target population.”
Wall suggests bishops return to a tactic the church used for centuries to keep predatory priests bottled up: isolating them in monasteries for a “life of prayer and penance.” Hundreds of such monasteries exist across the country, he said.
An alternative is to widely publicize the names and photos of credibly accused priests, alerting the public to potential danger. Advocates for victims of clergy sexual abuse have repeatedly called on New Jersey’s bishops to do just that, citing the church’s pledge of transparency.
Mark Crawford, the New Jersey director of the Survivors Network of those Abused by Priests, a national advocacy and support group, said the bishops’ response has been, at best, half-hearted, and he pointed to his own experience in the Archdiocese of Newark as an example.
The Rev. Kenneth L. Martin, right, is seen here with a teenage Mark Crawford, now New Jersey director of the Survivors Network of those Abused by Priests. Martin allegedly abused Crawford for more than three years, beginning when he was 12. Martin is now a conductor for NJ Transit.Courtesy Mark Crawford
Crawford and his younger brother were allegedly abused as children by the Rev. Kenneth L. Martin, then an associate pastor at St. Andrew’s Parish in Bayonne. Martin, now 64, resigned from ministry in 2002, and while he remains a priest, he is barred from serving as one and from wearing clerical garb, said Goodness, the archdiocese spokesman.
Yet the archdiocese has never publicized Martin’s past. Today, he works as a train conductor for NJ Transit, a spokesman for the agency confirmed.
Asked if NJ Transit had been aware of Martin’s background, the spokesman, Bill Smith, said all prospective employees undergo background checks that include searches for criminal records. In Martin’s case, it was beyond the statute of limitations.
Crawford contends it is particularly important to publicize the names of credibly accused abusers in the absence of a criminal conviction, which provides some measure of public awareness.
“Just because the statute of limitations has passed, it doesn’t mean these people are not still a threat,” he said. “It is reckless for our bishops not to take the next step and warn others. But they continue to do it because they suffer no consequence.”
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St. Louis Archbishop Robert Carlson didn’t report a clergy sex abuse claim to police in the 1980s when he was a leader with the Roman Catholic Church in Minnesota, according to a lawsuit filed there Tuesday. And the same priest in question allegedly went on to do more harm.
Carlson “went along to get along, and he got along quite well,” attorney Jeff Anderson, who is representing the most recent alleged victim, said of the St. Louis archbishop.
The lawsuit filed by “Jane Doe 23” claims the Archdiocese of St. Paul and Minneapolis was negligent for allowing the Rev. Robert M. Thurner to work as a priest — with access to children — after he admitted to then-Archbishop John Roach that he bought a 16-year-old boy alcohol and sexually abused him.
Carlson, who came to St. Louis in 2009 from Saginaw, Mich., previously served as an auxiliary bishop in Minnesota, where he grew up. Carlson is named in the lawsuit as one of four church leaders who “learned or should have learned that Thurner had abused at least one child.”
A 1982 internal memo included in the new suit indicates that Carlson had been informed of Thurner’s behavior.
“Father Thurner explained that he had had a brief sexual relationship with a 16 year old boy and had also purchased liquor for that boy,” Roach wrote to “Father Carlson” and another church leader in the memo. “… Father Thurner reviewed with me a fairly long history of anger, depression and ambivalence about sexuality.” Roach also said in the memo that Thurner would write a letter of resignation and seek immediate “treatment” and “intensive spiritual direction.”
Though the memo says “the matter” was being investigated by local police, Anderson, the attorney, said police at that time knew only about the alcohol side of the allegations, not the sex abuse. No charges were filed.
Despite a resignation letter, Thurner was moved to a different church in 1983. And parishioners weren’t warned about the priest’s admitted abusive behavior, according to the suit. It was there that Thurner allegedly met Jane Doe 23’s devout Catholic family.
Now in her 30s, she says Thurner sexually abused her around 1985, when she was in second grade. She thought she was his only victim and kept quiet until last week, when she found reference to another case online from the 1990s in which two men claimed Thurner had abused them as teenagers.
Katie Pesha, executive director of communications and planning for the Archdiocese of St. Louis, and Angie Shelton, a community relations specialist, did not return calls seeking comment Tuesday afternoon. The archdiocese rarely comments on litigation.
According to a Minneapolis Star Tribune report, Doe 23’s lawsuit was made possible by a change in Minnesota law this year that gives past abuse victims a three-year window to bring lawsuits that previously were barred by a statute of limitations.
Carlson, who has mainly avoided controversy in the nationwide clergy sex abuse saga, has recently been targeted by victim advocates.
Apart from the Doe 23 case, the parents of a girl are suing the Archdiocese of St. Louis over claims that the Rev. Xiu Hui “Joseph” Jiang, an associate pastor at the St. Louis Cathedral Basilica in the Central West End, molested their daughter. Jiang, 30, who followed Carlson to St. Louis from Saginaw and was close to the archbishop, was charged last year with first-degree endangering the welfare of a child and tampering with a witness or victim. His criminal trial was recently postponed in Pike County. No date has been set.
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Brooklyn Rabbi, Menachem Tewel, 30, was arrested in Beverly Hills after a former student of his came forward to allege sexual abuse.
Beverly Hills cops busted a New York rabbi this week on a sex abuse warrant for allegedly molesting a child for one year in the Chabad community in Brooklyn, police said Wednesday.
Rabbi Menachem Tewel, 30, was arrested Tuesday on accusations that he abused a boy between 2005 and 2006, cops said in a statement.
A 22-year-old man reported the abuse on Sept. 12, telling cops that Tewel performed oral sex on him beginning in July 2005 when he was 14, police sources said.
Tewel, who was 22-years-old at the time, was his religious advisor.
Tewel sexually abused the victim on numerous dates and times at different locations in Tewel’s car until June 2006, in Brooklyn, the sources said.
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It was a seminal moment in the long-running Yeshiva University sexual abuse case. For the first time, former Y.U. high school students who say they were abused confronted lawyers for Y.U. in court as their attorney argued against a motion to dismiss their case.
Flanked by family members, about a dozen of the former students filed into the Manhattan courtroom on the afternoon of October 27 to witness arguments that hinged on one key point: Should these students have filed suit decades before the Forward published its first article about their abuse, in December 2012?
Y.U. lawyers said the students, who were abused during the 1970s and ’80s, should have launched their own investigation or reported their abuse to the police before the statute of limitations expired. In New York State, child victims of sexual abuse have until they turn 23 to report abuse.
Kevin Mulhearn, who represents 34 former Y.U. high school students, including all those present in court, said that because Y.U. ignored student complaints and maintained that George Finkelstein and Macy Gordon were men of good character — even after the university was warned of abuses — the students had no way of knowing that they had a chance of bringing a successful claim.
The students are now suing Y.U. for $380 million.
Some of the men, who were mainly in their 40s and 50s, looked tense. At least one former student flew in from Florida for the two hours of oral arguments.
At times, the former students’ frustration audibly bubbled up, as lawyers representing Y.U. argued that the former students’ claims should be dismissed.
Karen Bitar, a lawyer representing Y.U., said she wanted to make clear that “we do not think these allegations are in any way insignificant, unimportant or unserious.”
But, Bitar added, the allegations took place at a time “when the [mores] or what was deemed typical or appropriate was much different than what it is today.”
She said the case should be dismissed based on the statute of limitations because it was unfair to expect Y.U. to defend itself after such a long passage of time, with the fading of memories and when some defendants are dead or no longer able to testify.
Bitar said the former Y.U. students knew they had been injured immediately after they were assaulted, and they knew that their abusers were Y.U. employees, “yet they waited 20 to 40 years to act.”
Referring to a case that Mulhearn won last year against the elite Brooklyn day school Poly Prep, Bitar accused the plaintiffs of using the “Poly Prep playbook.”
United States District Judge John G. Koeltl interrupted Bitar to note that in the Poly Prep case, the school falsely told at least one student that it had investigated claims against the staff member and found them to be untrue. Koeltl noted that in the claim against Y.U., as in the Poly Prep case, there were also instances of students who alleged they had made timely complaints to the school.
The Forward’s first article about abuse at Y.U. was referenced several times during the arguments.
Bitar said the article actually undermined the students’ lawsuit.
She said that some of the plaintiffs could not claim they did not know about the abuse at Y.U. when they told the Forward the abuse had been written about “on blogs and websites,” and that “parents [told the Forward] we didn’t want to go forward, we didn’t want to embarrass the school.”
Koeltl dismissed such statements as hearsay.
The former students argued in court filings that their claims fell under Title IX, anti-sexual discrimination legislation that has been interpreted by courts to include sexual harassment and abuse of students.
Bitar’s colleague, Stephen Mendelsohn, said that the students’ Title IX claims fall outside the statute of limitations.
When it was Mulhearn’s turn to speak, he said that his clients’ case was about whether the court was “willing to hold a school responsible for 25 to 30 years of cover-up.”
Mulhearn said that Finkelstein would take “defenseless boys,” and pin them to the floor, “where they couldn’t move, and proceed to hump them in the backside with an erect penis until he achieved climax.” Finkelstein ordered the students not to tell their parents, Mulhearn said. “Nothing was done about Mr. Finkelstein until 1995, when he was finally, quietly fired,” he added.
To show how difficult it was for the former students to realize the extent of the cover-up, Mulhearn gave an example of one Y.U. victim, John Doe XX, who was abused between 1983 and 1986.
Mulhearn said that John Doe XX had no way of knowing that three students reported Finkelstein for inappropriate sexual behavior to Rabbi Norman Lamm, Y.U.’s then president, between 1983 and 1985. Further, in 1985, Y.U. named Finkelstein “educator of the year” and in 1988 promoted him to principal.
Mulhearn said that by the time John Doe XX reached the statute of limitations, in 1989, he believed Y.U. saw Finkelstein as an “exemplary educator.”
Mulhearn said that the former students had been prevented from filing a Title IX claim because such A claim requireS a plaintiff to prove that “an official with high-ranking authority had actual knowledge and acted with deliberate indifference.” Such knowledge was apparent only after the first Forward article was published, and the statute of limitations started running only at that point, Mulhearn said.
In the coming months Koeltl is expected to issue a ruling on whether the case will be dismissed.
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The pastor of a Roman Catholic church in Hillsborough has been removed from ministry over allegations that he sexually abused a child in the late 1970s.
The Rev. Msgr. Raymond L. Cole, 70, who leads St. Joseph Parish in the Somerset County community, was an associate pastor at St. Mary Parish in South Amboy when the alleged abuse occurred, according to a letter read aloud during weekend Masses at St. Joseph.
Metuchen Bishop Paul Bootkoski wrote in the letter that Cole “steadfastly denies the charges against him.” At the same time, the bishop wrote, canon law requires the removal of a priest when an allegation of sexual abuse “has been deemed to have a semblance of truth.”
Bootkoski said he was alerted to the allegation by the Middlesex County Prosecutor’s Office, which did not pursue criminal charges because the statute of limitations had long since passed.
A retired investigator from the prosecutor’s office looked into the claim on behalf of the diocese. The Diocesan Review Board, a panel of lay people and clergy members who examine sex abuse allegations — also investigated the matter, interviewing Cole and the alleged victim, Bootkoski said.
“Both the investigator and the review board reported to me that they found the information and circumstances surrounding the allegation were not frivolous,” Bootkoski wrote.
The bishop said he planned to forward the case to the Vatican and that it was likely Cole would receive a canonical trial.
The letter did not identify the gender of the accuser or say how old he or she was when the alleged incidents occurred. It also did not address when Bootkoski first learned of the claim.
“Until now, I was aware of nothing in Msgr. Cole’s past suggestive of inappropriate behavior,” Bootkoski wrote.
Cole, who has been a priest for 41 years, could not be reached for comment.
He was removed from ministry Friday, the same day Bootkoski distributed the letter to priests of the diocese. The bishop’s note can be found in its entirety here.
Erin Friedlander, a spokeswoman for the diocese, said Cole is now staying with relatives. He will continue to receive his salary while the case is investigated, Bootkoski wrote.
“Let us be earnest in our prayers for Msgr. Cole at this most difficult time in his priesthood, for all who are victims of mistreatment by those who represent the church, and for all the church’s efforts to eradicate the terrible scourge of sexual abuse from the body of Christ,” the bishop wrote.
Calls to deacons, staff and parishioners at St. Joseph were not immediately returned Monday.
Parish websites typically carry a biography of a pastor or a weekly pastor’s message, but there was little trace of Cole on the St. Joseph website Monday, suggesting the parish or the diocese deleted information and photos ahead of the priest’s removal.
What is known from various online publications of the diocese is that he served for a time as executive director of the diocesan Department of Pastoral Life and that he worked on issues of policy, including how to address the shortage of Catholic priests.
Earlier this month, he was scheduled to preside over the Diocesan Youth Mass in Piscataway. It could not immediately be determined if he attended.
The Diocese of Metuchen is home to more than 630,000 Roman Catholics in Hunterdon, Somerset, Warren and Middlesex counties
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Only a civil window will get the names to the public.
/in New Jersey /by SOL ReformHidden priests, secret pasts: Church silent about where it houses credibly accused clerics
By Mark Mueller/The Star-Ledger – Follow on Twitter
on November 03, 2013 at 12:10 AM, updated November 03, 2013 at 1:19 AM
Norberto Nierras says he saw the man with the shock of white hair all the time along Home Avenue, a residential block that teems with children from the Catholic elementary and high schools a few hundred yards away.
The man, Nierras said, came and went as he pleased, strolling the Rutherford neighborhood or sitting on a bench outside the four-story building he called home: the St. John Vianney Residence for Retired Priests.
What Nierras didn’t know is that the man, the Rev. Msgr. Peter Cheplic, had been accused of drugging and molesting four teenage boys in the 1970s and 1980s. Or that the Archdiocese of Newark found the claims credible enough to remove him from ministry in 2006.
Cheplic, who has denied the allegations, is one of at least seven alleged sexual predators quietly placed in the Rutherford retirement home in the past decade, The Star-Ledger found. Some lived there a short time. Others have stayed for years. Neighbors said they were never informed of the men’s presence until told by a reporter.
“Parents need to be made aware of this,” said Nierras, 25, who has lived across the street from St. John Vianney for more than three years. “There are kids around this area constantly. I’m pretty sure people would be upset. I’m upset.”
Eleven years after the nation’s bishops confronted the clergy sex abuse crisis, vowing at a landmark summit in Dallas to make the protection of children a priority and to open a new era of transparency, the church continues to wrestle with a host of vexing questions and competing interests.
Does a credibly accused priest’s privacy trump public safety? Is the church capable of supervising alleged abusers? Should such priests even remain under the church’s care, drawing a salary, room and board?
All of those questions apply to people like Cheplic, who was barred from public ministry but not criminally prosecuted because, by the time his accusers came forward, the deadline to charge him had expired under the statute of limitations. Across New Jersey’s five dioceses, dozens of priests are believed to be in the same sort of limbo.
They include diocesan priests and clerics of religious orders, such as the Christian Brothers and the Benedictines. And they include priests who were barred from ministry in other states and have moved to or returned to New Jersey.
One such priest, Robert Petrella, took up residence in North Arlington after two convictions for molesting children in Maryland, records show.
Precisely how many others there are — and where most of them live — remains unclear, because the state’s bishops, by and large, refuse to publicly discuss the matter.
The issues of supervision and transparency have taken on a renewed urgency in New Jersey this year following a series of revelations by The Star-Ledger about the Rev. Michael Fugee and other priests.
Fugee, 52, was criminally charged in May after the newspaper disclosed he attended youth retreats and heard confessions from minors in violation of a court-sanctioned agreement to stay away from children. He has since been released on bail.
Newark Archbishop John J. Myers and his spokesman, Jim Goodness, would not comment for this story, declining to say if other accused priests lived in the Rutherford residence or in a second retirement home for priests in Caldwell.
The Star-Ledger found at least two accused clerics lived in Caldwell, address records show. That facility, too, is next to a Catholic elementary school, Trinity Academy, on the grounds of St. Aloysius Parish.
A Monitoring System With Limitations
The newspaper posed more than a dozen questions about supervision and transparency to New Jersey’s bishops. Paterson Bishop Arthur Serratelli declined comment. A spokesman for Camden Bishop Dennis Sullivan referred the newspaper to its website.
The site contains the diocese’s policies for child protection, links to county prosecutors’ offices and statements about priests who have been removed from ministry over abuse allegations. The site does not specify what has become of those men.
Spokeswomen for Trenton Bishop David M. O’Connell and Metuchen Bishop Paul Bootkoski issued statements that did not address the number of priests under supervision or where they are housed.
O’Connell’s spokeswoman, Rayanne Bennett, said the diocese immediately notifies law enforcement of abuse allegations and alerts pastors and the public to suspensions. The diocese also works to ensure suspended priests do not have access to parish or school communities, Bennett said.
• Read the full statement by the Diocese of Metuchen
• Read the full statement by the Diocese of Trenton
“The diocese makes every reasonable effort to maintain contact with the priest and exercise ongoing oversight,” she said. “However, the diocese has no legal power to control the individual’s place of residence or daily activities beyond the context of ministry.”
Bootkoski’s spokeswoman, Erin Friedlander, said the diocese “continues to seek out best practices for monitoring priests removed from ministry.” That effort, she said, takes into account the “dual values of protecting children and of upholding the church’s legal principle that persons accused of crimes are innocent until proven guilty.”
While Goodness would not discuss the issue, he did provide some information about supervision in an e-mail sent last month to pastors and administrators of Catholic schools to alert them this story was in progress. The newspaper has obtained a copy of the e-mail, in which Goodness said he expected “a significant amount of inaccuracy, misconclusions and polemics.”
Goodness wrote that 15 priests are currently under supervision and that four others whom Myers removed from ministry since 2001 have died.
The surviving priests must submit “periodic” written reports of their activities to the archdiocese. In recent years, Goodness wrote, the program has been expanded to include regular phone contact between the alleged abusers and the archdiocese’s minister for priests.
“In addition,” he wrote, “all clergy in the monitoring program are expressly advised that they cannot enter any school or facility offering any programs for youth or children.”
But clearly, the system has limitations, as Fugee demonstrated by openly spending time with members of the youth group at St. Mary’s Parish in Colts Neck. The church’s pastor, two youth ministers and the archdiocese’s vicar general, or second in command to Myers, have since been removed.
In July, The Star-Ledger disclosed that the archdiocese allowed the Rev. Robert Chabak to live at an Oradell parish for several months after his Ocean County home was damaged by Hurricane Sandy.
Neither the archdiocese nor the pastor informed parishioners of his background. Chabak was removed from ministry in 2004 for allegedly molesting a boy over a three-year span.
When a few members of the parish raised an outcry, Chabak was transferred to the retirement home in Rutherford. He has since moved back to his private residence.
O’Connell, the Trenton bishop, also came under fire last month after it was revealed that for more than a year, he declined to tell a parish in Jackson why an assistant pastor, the Rev. Matthew Riedlinger, had been pulled from the church.
The bishop did so only after he learned The Star-Ledger was preparing a story about Riedlinger, who had been accused of sexually harassing several young men and engaging in explicit sexual conversations with someone he thought to be a 16-year-old boy. After the story ran, O’Connell suspended Riedlinger from ministry.
Observers from inside and outside the priesthood say the church has made enormous improvements in child safety since the 2002 summit in Dallas. An annual audit conducted on behalf of the U.S. Conference of Catholic Bishops found that in 2012, allegations against priests had dropped to their lowest level since data collection began in 2004.
At the same time, the observers say the incidents in New Jersey, along with others across the country, show that some bishops continue to operate too secretively and, as a result, put children at risk.
“Even though they pledged to be transparent in Dallas, here we are in 2013 and they’re not being forthright about who their offenders are,” said canon lawyer Patrick Wall, a former priest and Benedictine monk who now works for a Minnesota law firm that frequently sues the church over abuse allegations.
“The bishops have chosen to say the right words, but they have not followed through with their actions,” Wall said. “Until the day that cardinals and archbishops start going to jail, nothing is fundamentally going to change in the United States.”
‘We Should Have Been Told’
The St. John Vianney retirement home in Rutherford opened in 1982. With four floors of two-room suites, it has space for about 22 priests, according to the archdiocese’s website. A roof deck provides expansive views of the surrounding neighborhood. Mass is said in a small chapel.
Down the street sits St. Mary High School and the Academy at St. Mary, which educates students from kindergarten through eighth grade.
Anthony Escolin, whose son graduated from the academy, has lived across the street from the two schools for seven years. Escolin, 56, called them good neighbors, noting someone even knocked on his door to warn him about excess noise during a construction project.
But he has heard nothing from the archdiocese about the men cycling through St. John Vianney.
“It would have been nice to have that information so we could protect ourselves and our kids,” Escolin said. “We should have been told.”
The Star-Ledger identified accused priests who have lived at the retirement home in recent years by reviewing public address records and by interviewing visitors, including other priests. Neighbors also identified several priests from photos. The accusations against the men have been previously documented by The Star-Ledger and other news organizations.
Among the residents:
• The Rev. John Komar moved in at least six years ago, records show. Komar, now 75, was arrested in 2003 for viewing child pornography on a computer at Englewood Hospital and Medical Center, where he served as chaplain.
• The Rev. Robert Morel, 70, was removed from ministry in 1993 for fondling a teenage boy. He later pleaded guilty and was sentenced to six months’ probation. Separately, he was named in a civil suit alleging he sexually abused a boy for eight years.
• The Rev. Eugene Heyndricks, who had been assigned to parishes in Bergen and Hudson counties, was arrested in 2002 for soliciting sex from an underage male prostitute while visiting Montreal. Heyndricks pleaded guilty and was sentenced to two years’ probation. He has since died.
• The Revs. Edward J. Eilert and Joseph Rice were accused in 2002 of sexually abusing a teenage girl in the 1980s. The Union County Prosecutor’s Office declared the allegations credible but said it could not bring charges because it was beyond the time allowed under the statute of limitations.
Phillipsburg attorney Greg Gianforcaro, who filed suit against Rice on behalf of other alleged victims, visited the priest in Rutherford in the fall of 2010 to ask him questions related to one of the cases.
“I just could not understand how the archdiocese could house any pedophile priest so close to one of its schools,” Gianforcaro said. “I was stunned.”
The others identified by The Star-Ledger were Chabak, who was transferred to Rutherford for several months after complaints from parishioners in Oradell, and Cheplic, who was credibly accused of molesting four teenage boys.
Joe Capozzi was one of those alleged victims.
Now 44 and living in Manhattan, Capozzi was 16 when Cheplic allegedly began abusing him at St. Matthew’s Church in Ridgefield. Capozzi reached a settlement with the Archdiocese of Newark in 2006.
He said Cheplic has demonstrated he should be nowhere near children, and he called it outrageous that the archdiocese had placed him so close to two schools. Capozzi also contends priests should not be entrusted with watching over one another.
“They can’t police themselves,” Capozzi said. “They prove it time and time again. They still consider themselves their own little world.”
That view is shared even by some priests, who point to the recent scandals in New Jersey as evidence.
Chabak, for example, continued to spend nights at St. Joseph Roman Catholic Church in Oradell after the archdiocese transferred him to Rutherford, parishioners told The Star-Ledger. Chabak and the pastor at the time, Thomas Iwanowski, are longtime friends and own property together in Normandy Beach, records show.
Despite the church’s finding that the allegation against Chabak was credible, Iwanowski has defended his friend, saying he did not believe Chabak had abused a child.
Iwanowski has since been removed as pastor.
A similar scenario played out with Fugee, who, even after his arrest and release on bail, continued to spend nights at Holy Family Church in Nutley, parishioners told the newspaper. Fugee and the pastor, the Rev. Msgr. Paul Bochicchio, are good friends and travel companions, and Bochicchio has steadfastly proclaimed Fugee’s innocence in the parish bulletin.
Last month, Bochicchio was placed on sabbatical.
The Rev. Thomas Reese, a senior analyst for the National Catholic Reporter and the former editor of America, a Catholic magazine, said it is “nonsense” to believe pastors, already overworked, can properly supervise priests who have been credibly accused of abuse.
“He can’t act like a probation officer for another priest,” Reese said. “He has neither the training nor the time.”
The conflict is exacerbated if pastor and priest are friends, Reese said.
“If you’re friends with the alleged criminal, you’re in denial, just like any family is,” he said.
In general, Reese is not wholly unsympathetic to the church’s position, particularly when it is confronted with elderly or ailing priests who committed abuses decades before.
“Sometimes there are extenuating circumstances,” Reese said. “If you’ve got a guy who did this 30 years ago and now he’s in a rest home with Alzheimer’s disease, are you going to take away his pension and wheel him to the sidewalk? This is complicated stuff.”
Some bishops move immediately to laicize credibly accused clergy members, or kick them out of the priesthood altogether, Reese said.
But that response, too, has drawn little consensus because of the obvious danger: potential predators released into communities, typically with no supervision at all.
“What we’ve learned is that this is not a sin or a disease that can be treated,” said Wall, the former priest who now serves as a victims’ advocate for the Minnesota law firm. “This is a true psychic infirmity, and the only way to treat it is to remove them from their target population.”
Wall suggests bishops return to a tactic the church used for centuries to keep predatory priests bottled up: isolating them in monasteries for a “life of prayer and penance.” Hundreds of such monasteries exist across the country, he said.
An alternative is to widely publicize the names and photos of credibly accused priests, alerting the public to potential danger. Advocates for victims of clergy sexual abuse have repeatedly called on New Jersey’s bishops to do just that, citing the church’s pledge of transparency.
Mark Crawford, the New Jersey director of the Survivors Network of those Abused by Priests, a national advocacy and support group, said the bishops’ response has been, at best, half-hearted, and he pointed to his own experience in the Archdiocese of Newark as an example.
Crawford and his younger brother were allegedly abused as children by the Rev. Kenneth L. Martin, then an associate pastor at St. Andrew’s Parish in Bayonne. Martin, now 64, resigned from ministry in 2002, and while he remains a priest, he is barred from serving as one and from wearing clerical garb, said Goodness, the archdiocese spokesman.
Yet the archdiocese has never publicized Martin’s past. Today, he works as a train conductor for NJ Transit, a spokesman for the agency confirmed.
Asked if NJ Transit had been aware of Martin’s background, the spokesman, Bill Smith, said all prospective employees undergo background checks that include searches for criminal records. In Martin’s case, it was beyond the statute of limitations.
Crawford contends it is particularly important to publicize the names of credibly accused abusers in the absence of a criminal conviction, which provides some measure of public awareness.
“Just because the statute of limitations has passed, it doesn’t mean these people are not still a threat,” he said. “It is reckless for our bishops not to take the next step and warn others. But they continue to do it because they suffer no consequence.”
We know this only because of MN window
/in Minnesota, MN Post Window /by SOL ReformSt. Louis Archbishop Carlson implicated in child sex abuse claim in Minnesota
By Jesse Bogan jbogan@post-dispatch.com 314-340-8255
St. Louis Archbishop Robert Carlson didn’t report a clergy sex abuse claim to police in the 1980s when he was a leader with the Roman Catholic Church in Minnesota, according to a lawsuit filed there Tuesday. And the same priest in question allegedly went on to do more harm.
Carlson “went along to get along, and he got along quite well,” attorney Jeff Anderson, who is representing the most recent alleged victim, said of the St. Louis archbishop.
The lawsuit filed by “Jane Doe 23” claims the Archdiocese of St. Paul and Minneapolis was negligent for allowing the Rev. Robert M. Thurner to work as a priest — with access to children — after he admitted to then-Archbishop John Roach that he bought a 16-year-old boy alcohol and sexually abused him.
Carlson, who came to St. Louis in 2009 from Saginaw, Mich., previously served as an auxiliary bishop in Minnesota, where he grew up. Carlson is named in the lawsuit as one of four church leaders who “learned or should have learned that Thurner had abused at least one child.”
“Father Thurner explained that he had had a brief sexual relationship with a 16 year old boy and had also purchased liquor for that boy,” Roach wrote to “Father Carlson” and another church leader in the memo. “… Father Thurner reviewed with me a fairly long history of anger, depression and ambivalence about sexuality.” Roach also said in the memo that Thurner would write a letter of resignation and seek immediate “treatment” and “intensive spiritual direction.”
Though the memo says “the matter” was being investigated by local police, Anderson, the attorney, said police at that time knew only about the alcohol side of the allegations, not the sex abuse. No charges were filed.
Despite a resignation letter, Thurner was moved to a different church in 1983. And parishioners weren’t warned about the priest’s admitted abusive behavior, according to the suit. It was there that Thurner allegedly met Jane Doe 23’s devout Catholic family.
Now in her 30s, she says Thurner sexually abused her around 1985, when she was in second grade. She thought she was his only victim and kept quiet until last week, when she found reference to another case online from the 1990s in which two men claimed Thurner had abused them as teenagers.
Katie Pesha, executive director of communications and planning for the Archdiocese of St. Louis, and Angie Shelton, a community relations specialist, did not return calls seeking comment Tuesday afternoon. The archdiocese rarely comments on litigation.
According to a Minneapolis Star Tribune report, Doe 23’s lawsuit was made possible by a change in Minnesota law this year that gives past abuse victims a three-year window to bring lawsuits that previously were barred by a statute of limitations.
Carlson, who has mainly avoided controversy in the nationwide clergy sex abuse saga, has recently been targeted by victim advocates.
Apart from the Doe 23 case, the parents of a girl are suing the Archdiocese of St. Louis over claims that the Rev. Xiu Hui “Joseph” Jiang, an associate pastor at the St. Louis Cathedral Basilica in the Central West End, molested their daughter. Jiang, 30, who followed Carlson to St. Louis from Saginaw and was close to the archbishop, was charged last year with first-degree endangering the welfare of a child and tampering with a witness or victim. His criminal trial was recently postponed in Pike County. No date has been set.
Thanks to brave 22-year-old, perp facing justice! NY needs to eliminate its criminal SOL for future victims
/in New York /by SOL ReformBrooklyn rabbi arrested in Beverly Hills on sexual abuse charges after man comes forward to allege abuse when he was 14-years-old
Rabbi Menachem Tewel, 30, was arrested Tuesday after the man – who is now 22-years-old – told police Tewel allegedly abused him in 2005 and 2006.
BY ROCCO PARASCANDOLA AND TINA MOORE / NEW YORK DAILY NEWS
PUBLISHED: WEDNESDAY, OCTOBER 30, 2013, 1:17 PM
UPDATED: WEDNESDAY, OCTOBER 30, 2013, 1:39 PM
HANDOUT
Brooklyn Rabbi, Menachem Tewel, 30, was arrested in Beverly Hills after a former student of his came forward to allege sexual abuse.
Beverly Hills cops busted a New York rabbi this week on a sex abuse warrant for allegedly molesting a child for one year in the Chabad community in Brooklyn, police said Wednesday.
Rabbi Menachem Tewel, 30, was arrested Tuesday on accusations that he abused a boy between 2005 and 2006, cops said in a statement.
A 22-year-old man reported the abuse on Sept. 12, telling cops that Tewel performed oral sex on him beginning in July 2005 when he was 14, police sources said.
Tewel, who was 22-years-old at the time, was his religious advisor.
Tewel sexually abused the victim on numerous dates and times at different locations in Tewel’s car until June 2006, in Brooklyn, the sources said.
RELATED: PSU PAYING OUT $59.7M OVER SANDUSKY
The last time it allegedly happened was inside Tewel’s car on Schenectady Ave. between Maple St. and Rutland Rd. in Prospect Lefferts-Gardens.
The victim didn’t report the abuse until now because he was unsure if he should, the sources said.
The statute of limitations for charging a person with sexual abuse expires when the victim hits 23-years-old.
By the time the man reported the alleged abuse, Tewel was living in Beverly Hills, police sources said.
Brooklyn prosecutors obtained an indictment on Oct. 22 for criminal sex act and sex abuse charges. An arrest warrant was issued.
An extradition hearing will be taking place in approximately seven days. Once indicted, Brooklyn authorities will be escorting Tewel back to New York.
Read more: http://www.nydailynews.com/new-york/brooklyn/bklyn-rabbi-arrested-beverly-hills-sex-abuse-charges-article-1.1501459#ixzz2jGG43lAy
My radio appearance on SOL reform on the “Stop Child Abuse Now” talk radio show (691)
/in Uncategorized /by SOL Reform***Listen to Episode 691***
Stop Child Abuse Now (SCAN) – 691 — special guest Marci A. Hamilton
NY: Oral arguments on SOL defense of abuse at YU high school
/in New York /by SOL ReformYeshiva U. Victims Stare Down School’s Lawyers in Showdown Over $380M Suit
Judge Puts Off Deciding Whether Case Can Move Forward
By Paul Berger
It was a seminal moment in the long-running Yeshiva University sexual abuse case. For the first time, former Y.U. high school students who say they were abused confronted lawyers for Y.U. in court as their attorney argued against a motion to dismiss their case.
Flanked by family members, about a dozen of the former students filed into the Manhattan courtroom on the afternoon of October 27 to witness arguments that hinged on one key point: Should these students have filed suit decades before the Forward published its first article about their abuse, in December 2012?
Y.U. lawyers said the students, who were abused during the 1970s and ’80s, should have launched their own investigation or reported their abuse to the police before the statute of limitations expired. In New York State, child victims of sexual abuse have until they turn 23 to report abuse.
Kevin Mulhearn, who represents 34 former Y.U. high school students, including all those present in court, said that because Y.U. ignored student complaints and maintained that George Finkelstein and Macy Gordon were men of good character — even after the university was warned of abuses — the students had no way of knowing that they had a chance of bringing a successful claim.
The students are now suing Y.U. for $380 million.
Some of the men, who were mainly in their 40s and 50s, looked tense. At least one former student flew in from Florida for the two hours of oral arguments.
At times, the former students’ frustration audibly bubbled up, as lawyers representing Y.U. argued that the former students’ claims should be dismissed.
Karen Bitar, a lawyer representing Y.U., said she wanted to make clear that “we do not think these allegations are in any way insignificant, unimportant or unserious.”
But, Bitar added, the allegations took place at a time “when the [mores] or what was deemed typical or appropriate was much different than what it is today.”
She said the case should be dismissed based on the statute of limitations because it was unfair to expect Y.U. to defend itself after such a long passage of time, with the fading of memories and when some defendants are dead or no longer able to testify.
Bitar said the former Y.U. students knew they had been injured immediately after they were assaulted, and they knew that their abusers were Y.U. employees, “yet they waited 20 to 40 years to act.”
Referring to a case that Mulhearn won last year against the elite Brooklyn day school Poly Prep, Bitar accused the plaintiffs of using the “Poly Prep playbook.”
United States District Judge John G. Koeltl interrupted Bitar to note that in the Poly Prep case, the school falsely told at least one student that it had investigated claims against the staff member and found them to be untrue. Koeltl noted that in the claim against Y.U., as in the Poly Prep case, there were also instances of students who alleged they had made timely complaints to the school.
The Forward’s first article about abuse at Y.U. was referenced several times during the arguments.
Bitar said the article actually undermined the students’ lawsuit.
She said that some of the plaintiffs could not claim they did not know about the abuse at Y.U. when they told the Forward the abuse had been written about “on blogs and websites,” and that “parents [told the Forward] we didn’t want to go forward, we didn’t want to embarrass the school.”
Koeltl dismissed such statements as hearsay.
The former students argued in court filings that their claims fell under Title IX, anti-sexual discrimination legislation that has been interpreted by courts to include sexual harassment and abuse of students.
Bitar’s colleague, Stephen Mendelsohn, said that the students’ Title IX claims fall outside the statute of limitations.
When it was Mulhearn’s turn to speak, he said that his clients’ case was about whether the court was “willing to hold a school responsible for 25 to 30 years of cover-up.”
Mulhearn said that Finkelstein would take “defenseless boys,” and pin them to the floor, “where they couldn’t move, and proceed to hump them in the backside with an erect penis until he achieved climax.” Finkelstein ordered the students not to tell their parents, Mulhearn said. “Nothing was done about Mr. Finkelstein until 1995, when he was finally, quietly fired,” he added.
To show how difficult it was for the former students to realize the extent of the cover-up, Mulhearn gave an example of one Y.U. victim, John Doe XX, who was abused between 1983 and 1986.
Mulhearn said that John Doe XX had no way of knowing that three students reported Finkelstein for inappropriate sexual behavior to Rabbi Norman Lamm, Y.U.’s then president, between 1983 and 1985. Further, in 1985, Y.U. named Finkelstein “educator of the year” and in 1988 promoted him to principal.
Mulhearn said that by the time John Doe XX reached the statute of limitations, in 1989, he believed Y.U. saw Finkelstein as an “exemplary educator.”
Mulhearn said that the former students had been prevented from filing a Title IX claim because such A claim requireS a plaintiff to prove that “an official with high-ranking authority had actual knowledge and acted with deliberate indifference.” Such knowledge was apparent only after the first Forward article was published, and the statute of limitations started running only at that point, Mulhearn said.
In the coming months Koeltl is expected to issue a ruling on whether the case will be dismissed.
Contact Paul Berger at berger@forward.com or on Twitter @pdberger
NJ needs window so victims can get justice
/in New Jersey /by SOL ReformHillsborough pastor removed from ministry over ’70s-era sex abuse allegation
on October 28, 2013 at 6:54 PM, updated October 29, 2013 at 6:48 AM
The pastor of a Roman Catholic church in Hillsborough has been removed from ministry over allegations that he sexually abused a child in the late 1970s.
The Rev. Msgr. Raymond L. Cole, 70, who leads St. Joseph Parish in the Somerset County community, was an associate pastor at St. Mary Parish in South Amboy when the alleged abuse occurred, according to a letter read aloud during weekend Masses at St. Joseph.
Metuchen Bishop Paul Bootkoski wrote in the letter that Cole “steadfastly denies the charges against him.” At the same time, the bishop wrote, canon law requires the removal of a priest when an allegation of sexual abuse “has been deemed to have a semblance of truth.”
Bootkoski said he was alerted to the allegation by the Middlesex County Prosecutor’s Office, which did not pursue criminal charges because the statute of limitations had long since passed.
A retired investigator from the prosecutor’s office looked into the claim on behalf of the diocese. The Diocesan Review Board, a panel of lay people and clergy members who examine sex abuse allegations — also investigated the matter, interviewing Cole and the alleged victim, Bootkoski said.
“Both the investigator and the review board reported to me that they found the information and circumstances surrounding the allegation were not frivolous,” Bootkoski wrote.
The bishop said he planned to forward the case to the Vatican and that it was likely Cole would receive a canonical trial.
The letter did not identify the gender of the accuser or say how old he or she was when the alleged incidents occurred. It also did not address when Bootkoski first learned of the claim.
“Until now, I was aware of nothing in Msgr. Cole’s past suggestive of inappropriate behavior,” Bootkoski wrote.
Cole, who has been a priest for 41 years, could not be reached for comment.
He was removed from ministry Friday, the same day Bootkoski distributed the letter to priests of the diocese. The bishop’s note can be found in its entirety here.
Erin Friedlander, a spokeswoman for the diocese, said Cole is now staying with relatives. He will continue to receive his salary while the case is investigated, Bootkoski wrote.
“Let us be earnest in our prayers for Msgr. Cole at this most difficult time in his priesthood, for all who are victims of mistreatment by those who represent the church, and for all the church’s efforts to eradicate the terrible scourge of sexual abuse from the body of Christ,” the bishop wrote.
Calls to deacons, staff and parishioners at St. Joseph were not immediately returned Monday.
Parish websites typically carry a biography of a pastor or a weekly pastor’s message, but there was little trace of Cole on the St. Joseph website Monday, suggesting the parish or the diocese deleted information and photos ahead of the priest’s removal.
What is known from various online publications of the diocese is that he served for a time as executive director of the diocesan Department of Pastoral Life and that he worked on issues of policy, including how to address the shortage of Catholic priests.
Earlier this month, he was scheduled to preside over the Diocesan Youth Mass in Piscataway. It could not immediately be determined if he attended.
The Diocese of Metuchen is home to more than 630,000 Roman Catholics in Hunterdon, Somerset, Warren and Middlesex counties