The arrest of famed comedian Bill Cosby on sexual assault allegations is raising questions about how other states handle such matters. The charges in Cosby’s Pennsylvania case fall under a 12-year statute of limitations that’s about to run out. Could West Virginia prosecute a case that old? The answer is yes.
“West Virginia is one of the states that does not have a statute of limitations on sexual assault, which means a victim can report years later,” Nancy Hoffman, WV Foundation for Rape Information & Services said.
There are rare exceptions to that rule, and in those cases West Virginia must file charges within one year. Like elsewhere, many West Virginians are stunned by the downfall of Cosby.
“No one is really above the law. He’s an American Icon, a cultural icon,” Jennifer Dooley, of Charleston said.
“Well, I feel if he did the crime, he needs to do the time,” Catherine Mitchell of Charleston said.
Advocates for rape victims, say the massive publicity from the Cosby case, may encourage victims in other cases to report sexual abuse.
“Absolutely, because he is such and icon, so if you can take down someone like this, why not take down the average Joe,” Catherine Mitchell of Charleston said.
“Just the optimism that after a number of years, that there still is some potential, that justice could be served,” Nancy Hoffman, WV. Foundation for Rape Information and Services said,
Cosby and his attorney, said he’s not guilty.
Full article here: http://www.wowktv.com/story/30863912/cosby-arrest-fallout-comparing-west-virginias-statute-of-limitations
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2016-01-01 23:11:562016-01-01 23:11:56Mark Curtis, Cosby Arrest Fallout: Comparing West Virginia's Statute of Limitations, WOWKTV
If one were a secretary to a bishop, did all his typing and filing and office work, and knew about sexually abusive priests, moving them around, filed the complaints, etc., would one have the moral obligation to do something or to keep silent to protect the bishop and one’s job?
— Wondering in Wichita
A | Dear Wondering,
The answer here is very clear. Any person who has knowledge of a priest (or a teacher or a coach or any other adult) sexually abusing children (or physically abusing them) is bound by morality – and, it turns out, by civil law – to report that person to the authorities. There is no moral argument for protecting the bishop, and only a selfish one for protecting one’s own job.
During his visit to Philadelphia earlier this year, Pope Francis vociferously condemned the perpetrators of the rampant sex abuse crisis and those who abetted the cover-ups, declaring that “I commit myself to the zealous watchfulness of the Church to protect minors, and I promise that all those responsible will be held accountable.”
There are those who claim that sex abuse allegations ought still to be secret, or private, in keeping with canon law – but in 2002, the United States Conference of Catholic Bishops enacted the Charter for Protection of Children and Young People, which requires any diocese faced with allegations of sex abuse to report those allegations to the police.
The sexual abuse of a child is a crime and a sin, and no secretary – or bystander or well-meaning neighbor – can justify putting the interests of the bishop over those of the child.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-12-31 16:41:572015-12-31 16:41:57Lisa Miller, What should a bishop’s secretary do who knows the prelate is moving around abusive priests?, Crux
Despite losing on appeal twice, Philadelphia’s district attorney Seth Williams said Monday he will continue to fight to keep a Roman Catholic church official who will soon be eligible for parole in prison over his handling of sex-abuse cases.
Williams filed an application for the full nine-member state Superior Court to rehear the case against Monsignor William Lynn. Last week, a three-judge panel of the court overturned Lynn’s conviction in a 2-1 decision and awarded him a new trial.
Car Strikes, Kills Pedestrian in Phila.
Lynn, 64, was convicted in 2012 of endangering a policeman’s son who said he was sexually assaulted as a boy by two priests and a teacher — including a previously accused priest who had been transferred to the boy’s parish. Lynn has been imprisoned off and on amid a wild legal journey.
He was the first church official ever charged over his handling of abuse complaints.
Deptford Mall Brawl Could Result in Charges
“My office will continue to use all its resources to ensure that Monsignor Lynn remains in state custody,” Williams said during a news conference at his office, adding that the Superior Court has not yet addressed all 10 issues raised by Lynn in his appeal.
Lynn returned to prison in April, when a conviction overturned in 2013 on different grounds was reinstated by the state Supreme Court. His attorney filed a petition for bail last week, but it has not yet been heard.
Pope Says ‘God Weeps’ for Abuse Victims, Vows Action
In their ruling Tuesday, the appellate judges said the trial judge erred in allowing weeks of testimony from 21 accusers not directly connected to this case to show how the Philadelphia Archdiocese handled sex-abuse complaints. Prosecutors disagree, countering that such evidence was necessary to show Lynn’s “pattern and practice of concealment and protection of child-sexual-predator priests.”
If his latest action is unsuccessful, Williams said he is prepared to go to the state Supreme Court and would proceed with a new trial, but added that he does not want to prolong the case and cause further pain to the families affected.
Church Official Moved From Jail on Pope’s US Itinerary
Lynn has already served about two years of his three- to six-year prison term. Under state law, he must serve at least half of his sentence, but would be eligible for parole at that point and could be released.
Lynn’s attorney, Thomas Bergstrom, said Monday he has seen the filing, which was expected.
Monsignor Lynn Housed at Prison Pope Plans to Visit
“It’s part of the process, if you want to continue to fight this battle,” Bergstrom said in a telephone interview. “I’m not so sure the court is going to be willing to take it. At some point, it just seems to be a little much. Are we going to fight this forever? I hope not.”
The court has 60 days to address Williams’ application.
Advocates Seek Vatican Inquiry of NJ Archbishop
The Survivors Network of those Abused by Priests (SNAP) released a statement on Williams’ announcement:
We’re grateful that Philly prosecutors continue defending the conviction of a high ranking Catholic official who helped conceal clergy sex crimes. We hope Seth Williams prevails in his latest move to hold Msgr. William Lynn responsible for his devious and hurtful cover ups.
The potential deterrence effect of this case – encouraging whistleblowing and discouraging cover ups in child sex cases – cannot be overstated. Nor can the case’s healing impact – on the thousands of victims of the 136 publicly accused Philly predator priests and the dozens of other predators whose identities remain hidden – be overstated.
It’s tragic that of the hundreds of current and former Philly Catholic officials who ignored or hid known and suspected child sex crimes, only one can apparently be prosecuted for this heinous wrongdoing. But we are grateful that Philly’s DA persists in his effort to hold that one cleric accountable. We wish prosecutors in other jurisdictions would show similar diligence.
A judge claims that evidence of widespread corruption by archdiocesan staff in child sex cases is prejudicial to Msgr. Lynn. Our view is that when an institution is riddled with deception, callousness and recklessness, such evidence is crucial and is the only way to expose and prevent more corruption.
After recently beginning its third year in bankruptcy court, racking up more than $3.2 million in bankruptcy costs and participating in three court-ordered mediations, the Gallup diocese is on the verge of brokering a settlement with clergy sex abuse claimants.
News of that impending settlement was confirmed by James Stang, legal counsel for the Official Committee of Unsecured Creditors, which represents abuse claimants, in brief statements made to U.S. Bankruptcy Judge David Thuma in Albuquerque Dec. 16.
No details of the financial settlement were provided during the hearing, which lasted less than 15 minutes. The nonmonetary terms of the settlement are currently being negotiated, Stang explained. No timetable was given as to when details are expected to be finalized.
Reaching an agreement with the abuse claimants is a major step toward achieving a consensual plan of reorganization for the diocese, which filed its Chapter 11 petition on Nov. 12, 2013. At the time of the filing, the diocese was facing 13 clergy sex abuse lawsuits in Arizona and an additional number of out-of-court abuse claims.
The past year was particularly tumultuous for Bishop James Wall and the Gallup diocese. Although 2015 was the diocese’s 75th anniversary, it was marked by bankruptcy disputes and internal dissension.
A dispute between the Gallup diocese and its insurers spilled into public view in the spring when attorneys for Catholic Mutual, the diocese’s current principal provider of liability insurance, filed a blistering complaint that accused the diocese of being uncooperative in providing information about clergy sex abuse claims. Attorney Victor Ortega said the diocese “placed every conceivable roadblock in the path of Catholic Mutual’s quest for the vital and necessary information.”
That complaint was followed by two court hearings marked by bickering and sniping between attorneys for the diocese and attorneys for its insurers.
Catholic Mutual’s complaint also included a reference to one claimant’s recent allegation of sexual abuse that allegedly had happened a year earlier, in July 2014. Despite repeated media requests, diocesan officials have refused to answer questions about the identity of the alleged offender, if he or she is still in ministry, if the allegation was turned over to law enforcement and if the allegation has been deemed credible.
While the diocese and Catholic Mutual eventually mended their rift, other insurance disputes over coverage, policy limits and terminology continued to be the subject of court hearings and motions between different parties as the bankruptcy case’s first two mediation sessions were scheduled, held and subsequently failed.
Robert Pastor and John Manly, attorneys for abuse claimants, attempted to break the bankruptcy stalemate by filing motions for stay relief. With the diocese’s Chapter 11 filing, an automatic stay was triggered that had halted all pending litigation against the diocese.
Pastor and Manly requested the court lift the stay so several of their sex abuse lawsuits could move forward in Arizona state court. The Gallup diocese covers parts of northwestern New Mexico and northeastern Arizona.
The committee representing abuse claimants supported the move. Committee attorney Stang asserted the bankruptcy was “at a near dead stop” and argued that allowing civil trials to proceed would “force the debtor and its insurance carriers to make a reasonable evaluation of the claims” and break the legal logjam.
The Gallup diocese and its insurers filed motions in opposition. Susan Boswell, the diocese’s lead attorney, objected to the stay being lifted for any claim that was not covered by insurance, a position Thuma would later echo.
The bankruptcy case took a brief detour from those disputes when the diocese held two property auctions in Phoenix and Albuquerque. In addition to generating only about $160,000 in profits for the diocese, the auctions garnered considerable negative publicity. Catholic Charities Director Debe Betts complained to a local newspaper that the diocese had listed a Vincent de Paul Society food bank building in Arizona and a Catholic Charities building in New Mexico for auction without the knowledge of those organizations.
Officials at St. Bonaventure Indian Mission had voiced similar complaints earlier in the year. The Catholic mission, located 30 miles from Gallup, runs a school and charitable programs for needy Navajo families. Director Chris Halter appealed to the media after the Gallup diocese made plans to appraise — and possibly sell — property the mission had used for decades.
More negative publicity was generated when auctioneer Todd Good of the Accelerated Marketing Group barred a newspaper reporter and a member of the public from observing the Albuquerque auction.
Thuma ordered a hearing, and Good and Boswell submitted sworn declarations to the court that it had been Good’s “custom and practice not to admit non-bidders” to auctions throughout his career. After Thuma’s ruling, in which he declined to invalidate the auction, it was learned that Good had allowed reporters into his auction for the Tucson, Ariz., diocese’s 2004 bankruptcy, a case also overseen by Boswell.
In October, as the second anniversary of the Chapter 11 filing approached, a clearly frustrated Thuma warned attorneys that if a settlement wasn’t achieved by the end of the year, he would consider lifting the automatic stay to allow a few select abuse claims covered by insurance to proceed to trial.
Soon afterward, Houston attorneys Donald Kidd and Richard Fass, who also represent abuse claimants, filed a motion for relief from the automatic stay on behalf of 15 claimants whose cases are covered by insurance.
In imposing his year-end deadline, Thuma appeared to be responding to an earlier request made by Pastor, who argued that insurance companies “need to feel that they’re going to be exposed to a significant risk before they move. And we need to have that backstop and that backstop is a jury trial.”
In early November, as the parties in the Gallup diocese bankruptcy made plans to meet for their third mediation, a Minnesota jury handed down an $8.1 million award against the Duluth diocese on behalf of a single abuse survivor. On Dec. 16, attorneys in the Gallup bankruptcy confirmed a settlement agreement was in the works.
full article here: http://ncronline.org/news/accountability/settlement-pending-gallup-nm-bankruptcy
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-12-30 03:16:302015-12-30 03:16:30Elizabeth Hardin-Burrola, Settlement pending in Gallup, N.M., bankruptcy, National Catholic Reporter
When Catholics discover that I am a married priest the vast majority of them say, “That’s fantastic! I hope the Church changes to allow our priests to marry. That would solve this problem of pedophile priests!”
As one of the few married former Anglican priests who has been ordained as a Catholic priest I can address the matter from personal experience. Furthermore, I served as a celibate Anglican priest for seven years before marrying, so I also have experience of that way of life.
This hot topic should be cooled down with a bit of common sense. Firstly, it should be plain to everyone that marriage does not solve the problem of pedophile priests. Marriage doesn’t cure pedophilia. The fact is, most child abuse is committed by married men.
Furthermore, most of the sex abuse by priests was against young men. Do people seriously think that marriage would cure a man who is attracted to teenaged boys? Are they suggesting that homosexual pedophiles would be cured if they just found a good woman? I don’t think so.
Neither will marriage purge the priesthood of other sexual scandal. Plenty of married Protestant clergy still manage to tumble out of the pulpit onto the wrong pillow. Being married doesn’t mean a person is free from lust and temptation.
On the other hand, being celibate doesn’t mean a person is constantly panting for sex. There are plenty of people in all walks of life, of both genders and all ages who are sexually inactive for many different reasons. That doesn’t make them all insatiable sex hounds or sad and desperately lonely souls. Many single people successfully integrate their sexuality into their singleness.
Then there is the realistic question of financial support. When a Catholic enthuses to me about having married priests I usually ask, “Are you willing to put an extra twenty bucks in the collection plate every week to make this happen?” It’s amazing how quickly the subject changes!
Speaking of the married priest’s family, has no one else seen the most obvious problem? If a young priest is married and he and his young wife are fertile they would be expected to live within the moral teachings of the Catholic Church. Yes, it is still Catholic policy that artificial means of contraception are forbidden.
The Catholic priest and his wife would be expected to live within that teaching. Do the parishioners who are so gung-ho about married priests really want to support the priest’s children? Would they want to re-build the rectory to house them? Pay their health insurance, deductibles and orthodontics? Would they be willing to cough up to send the priest’s kids through Catholic school and college? What if the priest had six, seven, eight, ten or twelve kids? It’s not really cheaper by the dozen.
On the other hand, where a husband and wife both love and serve the Lord in his church the example of a totally committed couple and family can be a terrific blessing for the Church. Parishes where the priest is in a healthy and strong marriage can show the way for all the families in the Church.
I’m the first to admit that there are benefits to be gained from having married priests, and I’m aware of real problems with celibacy for priests. My celibate colleagues are sometimes isolated and lonely, but then, I know married people who are isolated and lonely. Many celibate priests are workaholics and starved for real relationships and affection. Ditto many married men.
However marriage for priests is a pipe dream panacea. It will solve a few problems but it will create many more: What happens to clergy widows? Who picks up the pieces when a clergy marriage breaks down? Will a priest be able to date? If his marriage breaks down and is annulled will he be able to re-marry?
The powers at the Vatican could change the rule. It’s unlikely they’ll allow priests to marry, but they might adopt the Eastern Orthodox discipline in which priests may not marry, but married men may be ordained, or they might decide to allow older married men to be ordained.
In the meantime, the discipline of celibacy for our priests reminds everyone that sexuality is something which we all need to control in order to be happy—married people and single people alike.
The celibate priest, brother or sister reminds us that sex and marriage are given to lead us on to something better than sex: true and lasting Love. That’s why we insist that marriage and the celibacy vow are for life: because lifetime love gives us a taste of the eternal. The celibate reminds all of us that whatever our state in life we are called to integrate and control our sexuality in a healthy way, and that this virtue is called chastity.
For this reason alone chastity should be a valued virtue—because it is a self-discipline that reminds us that while true love is tender, for it to last it also has to be tough.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-12-30 03:06:412015-12-30 03:06:41Dwight Longenecker, Should We Have Married Priests?, National Catholic Register
When Will Delker and Jim Rosenberg of the attorney general’s office began sifting through pages from what they called the Secret Archives – two filing cabinet drawers filled with evidence of sexual abuse and cover-ups within the state’s Catholic church – they knew what they had to.
They had to find victims named in the documents and persuade them to come forward. Many had not uttered a word about their ordeal for decades, not to a sibling, a spouse, anyone.
The pattern mirrored the stories that emerged from Boston after the Boston Globe’s Spotlight team uncovered a scandal that later would sweep the nation. Priests had been molesting children and then receiving transfers rather than punishment, allowing the behavior to continue for years. Even after the abuse stopped, the trauma for the victims continued into adulthood.
“I grew up in this community, and I knew the meaningful and significant role the church played here, through school and elsewhere,” Rosenberg said in an interview. “But we were beginning to deal with victims who’d been terribly harmed and whose lives had been shaped or reshaped by sexual abuse at the hands of priests and compounded by the fact that the diocese didn’t react in real time at all. It was a very difficult and emotional balancing act for us.”
The lengthy, arduous investigation began in the summer of 2002, after Delker and Rosenberg had gone through the Secret Archives outside the office of Bishop John McCormack.
McCormack had transferred from the Boston Archdiocese to the Diocese of Manchester four years earlier, in 1998. His power as Boston’s auxiliary bishop made New Hampshire officials suspicious that he might have known about sexual abuse here and not said anything, as he had done earlier in his career.
At the time, New Hampshire was the fourth most Catholic state in the nation, relative to population, Rosenberg said. He also made sure to pass credit around, noting that law enforcement agencies agreed to free up personnel for the investigation for the better part of a year, and those individuals worked with little regard to time clocks.
“We would take information and follow up with these people,” Rosenberg said.
Then his eyes teared up, a sign of gratitude, I assumed, from a man known as a hard-boiled egg in legal circles. He and Delker were overcome with emotion at one point in 2002 while reporting to their boss, Phil McLaughlin, New Hampshire’s attorney general at the time. They had found a victim, a friend.
“He was in our age bracket and we knew him professionally,” Rosenberg said. “We related to him, we were close in age, we knew him from work. You could have put yourself in the shoes of this child victim, and the fact that we knew him personally connected us to his story in a unique way.
“We heard several stories.”
They heard stories about Father Paul Aube and his abuse of children in Berlin and Nashua and Rochester and Manchester, leaving a trail of emotional trauma over an eight-year span that in many cases never faded.
They also heard stories about Father Gordon MacRae and his abusive behavior through the 1980s.
I spoke to a man in his 40s who says he was 12 when a priest sexually abused him in Manchester. The man, who requested anonymity, said the residual stress and shame he feels led to a divorce from his wife and an early exit from the fire academy, costing him a job.
He was targeted, he said, because he had no father figure growing up, leaving him vulnerable and needy for a support system.
“To be honest, this is something you carry with you, always kind of under the surface,” the source told me. “There was depression, not being able to get out of bed.”
Interviews by investigators led to more interviews with more victims. Tony Fowler was a retired Manchester police detective working in the attorney general’s office when Delker and Rosenberg asked for his help.
He spoke to victims in the Carolinas and Maine, adults who’d been sexually molested years before as children.
“I don’t want to get into details,” Fowler told me by phone. “But these people were so brave. You’re talking about people who are married now with kids. Their memories were very specific, serious emotions. I was a driven man during this investigation.”
Fowler and Rosenberg drove to Maine to interview a victim listed in the Secret Archives. He was a professor, with a new life and an old memory, from Berlin in the 1980s.
“The first thing he said to me was, ‘How did you find me?’ ” Rosenberg said. He says, ‘I never complained. I want to talk to you and tell you what happened, but you have to understand that I have not talked to my wife or children about the fact that I was the victim of sexual abuse 30 years ago.’ ”
As the investigation deepened, so did investigators’ understanding of Canon Law, the regulations that governed the righteousness of church behavior.
But, ironically, Canon Law was used to justify cloaking unthinkable crimes in secrecy.
“Canon Law has a core theme of avoiding scandal,” Rosenberg said. “So when the church faces scandal, it will take steps that it feels are appropriate based on its own teachings to avoid notoriety and attention. It’s part of an understood history, culturally speaking.”
That still sticks with McLaughlin, the attorney general.
“One of the themes that recurred, not just with church but in other ways, was the extraordinary endemic attitude of privilege and entitlement of certain classes of individuals and institutions,” he said in a sit-down interview with the Monitor. “It’s in the DNA.”
During the investigation, incriminating testimony by the priests themselves blew the lid off the decades-old tragedy, giving officials what might have seemed like an open-and-shut case against individual offenders.
But those admissions surfaced only because a deal of immunity was agreed upon, needed because the statute of limitations had long since expired.
Instead, the state went after the church as an entity, citing a breach of a fiduciary duty, which gave them a fresh clock after the discovery of the abuse.
In other words, the attorney general’s office had one year from the time the Globe’s Spotlight story hit newsstands to indict the diocese on misdemeanor charges of endangering the welfare of a child.
“I was very confident we had sufficient evidence to result in the grand jury’s indictment,” McLaughlin said.
Nudged by the pressure of an upcoming indictment, set for Dec. 13, 2002, the diocese caved, signing an agreement three days before to avoid a trial and public shame.
The attorney general’s report, released at a press conference on March 3, 2003, officially publicized news that was hard to fathom.
Eight priests were identified as child molesters, each case documented with disturbing details. Overall, the report said, allegations of abuse were levied at nearly 40 priests.
“The investigation confirmed initial suspicions,” the report read, “that in multiple cases the diocese knew that a particular priest was sexually assaulting minors, the diocese took inadequate or no action to protect these children within the parish, and that the priest subsequently committed additional acts of sexual abuse against children that the priest had contact with through the church.”
The agreement also created safeguards. An annual audit to monitor the diocese’s response to allegations of sexual abuse against minors was put into place, but that lasted only five years.
Elsewhere, all facts related to this investigation were released to the public, training classes and a centralized office to handle accusations were established, and a new position, director of safe environment programs for the Diocese of Manchester, was added to the staff.
“We agreed that any cases that came to our attention involving church personnel would be reported to the attorney general’s office,” said Mary Ellen D’Intino, the program director at the diocese since 2006. “That’s the agreement we have in place, we agreed to it and we continue to abide by it. All the measures that were put into place at the time remain in place.”
D’Intino added that victims, maybe 10 per year, still come forward, some of whom were abused by priests long since dead, and some whose stories were already documented.
“Some want to come back and just talk about it further,” D’Intino said.
Full article: http://mobile.concordmonitor.com/home/20180374-108/ray-duckler-after-months-of-digging-investigators-uncover-church-abuse-then-turn-up-the
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-12-30 03:03:292015-12-30 03:03:29Ray Duckler, Ray Duckler: After months of digging, investigators uncover church abuse, then turn up the heat, Monitor
Mark Curtis, Cosby Arrest Fallout: Comparing West Virginia’s Statute of Limitations, WOWKTV
/in West Virginia /by SOL ReformThe arrest of famed comedian Bill Cosby on sexual assault allegations is raising questions about how other states handle such matters. The charges in Cosby’s Pennsylvania case fall under a 12-year statute of limitations that’s about to run out. Could West Virginia prosecute a case that old? The answer is yes.
“West Virginia is one of the states that does not have a statute of limitations on sexual assault, which means a victim can report years later,” Nancy Hoffman, WV Foundation for Rape Information & Services said.
There are rare exceptions to that rule, and in those cases West Virginia must file charges within one year. Like elsewhere, many West Virginians are stunned by the downfall of Cosby.
“No one is really above the law. He’s an American Icon, a cultural icon,” Jennifer Dooley, of Charleston said.
“Well, I feel if he did the crime, he needs to do the time,” Catherine Mitchell of Charleston said.
Advocates for rape victims, say the massive publicity from the Cosby case, may encourage victims in other cases to report sexual abuse.
“Absolutely, because he is such and icon, so if you can take down someone like this, why not take down the average Joe,” Catherine Mitchell of Charleston said.
“Just the optimism that after a number of years, that there still is some potential, that justice could be served,” Nancy Hoffman, WV. Foundation for Rape Information and Services said,
Cosby and his attorney, said he’s not guilty.
Full article here: http://www.wowktv.com/story/30863912/cosby-arrest-fallout-comparing-west-virginias-statute-of-limitations
Lisa Miller, What should a bishop’s secretary do who knows the prelate is moving around abusive priests?, Crux
/in Uncategorized /by SOL ReformQ | Dear OMG,
If one were a secretary to a bishop, did all his typing and filing and office work, and knew about sexually abusive priests, moving them around, filed the complaints, etc., would one have the moral obligation to do something or to keep silent to protect the bishop and one’s job?
— Wondering in Wichita
A | Dear Wondering,
The answer here is very clear. Any person who has knowledge of a priest (or a teacher or a coach or any other adult) sexually abusing children (or physically abusing them) is bound by morality – and, it turns out, by civil law – to report that person to the authorities. There is no moral argument for protecting the bishop, and only a selfish one for protecting one’s own job.
During his visit to Philadelphia earlier this year, Pope Francis vociferously condemned the perpetrators of the rampant sex abuse crisis and those who abetted the cover-ups, declaring that “I commit myself to the zealous watchfulness of the Church to protect minors, and I promise that all those responsible will be held accountable.”
There are those who claim that sex abuse allegations ought still to be secret, or private, in keeping with canon law – but in 2002, the United States Conference of Catholic Bishops enacted the Charter for Protection of Children and Young People, which requires any diocese faced with allegations of sex abuse to report those allegations to the police.
The sexual abuse of a child is a crime and a sin, and no secretary – or bystander or well-meaning neighbor – can justify putting the interests of the bishop over those of the child.
What should a bishop’s secretary do who knows the prelate is moving around abusive priests_ _ Crux
Errin Haines Whack, Prosecutor Seeks Rehearing in Catholic Church Abuse Case, NBC
/in Pennsylvania /by SOL ReformDespite losing on appeal twice, Philadelphia’s district attorney Seth Williams said Monday he will continue to fight to keep a Roman Catholic church official who will soon be eligible for parole in prison over his handling of sex-abuse cases.
Williams filed an application for the full nine-member state Superior Court to rehear the case against Monsignor William Lynn. Last week, a three-judge panel of the court overturned Lynn’s conviction in a 2-1 decision and awarded him a new trial.
Car Strikes, Kills Pedestrian in Phila.
Lynn, 64, was convicted in 2012 of endangering a policeman’s son who said he was sexually assaulted as a boy by two priests and a teacher — including a previously accused priest who had been transferred to the boy’s parish. Lynn has been imprisoned off and on amid a wild legal journey.
He was the first church official ever charged over his handling of abuse complaints.
Deptford Mall Brawl Could Result in Charges
“My office will continue to use all its resources to ensure that Monsignor Lynn remains in state custody,” Williams said during a news conference at his office, adding that the Superior Court has not yet addressed all 10 issues raised by Lynn in his appeal.
Lynn returned to prison in April, when a conviction overturned in 2013 on different grounds was reinstated by the state Supreme Court. His attorney filed a petition for bail last week, but it has not yet been heard.
Pope Says ‘God Weeps’ for Abuse Victims, Vows Action
In their ruling Tuesday, the appellate judges said the trial judge erred in allowing weeks of testimony from 21 accusers not directly connected to this case to show how the Philadelphia Archdiocese handled sex-abuse complaints. Prosecutors disagree, countering that such evidence was necessary to show Lynn’s “pattern and practice of concealment and protection of child-sexual-predator priests.”
If his latest action is unsuccessful, Williams said he is prepared to go to the state Supreme Court and would proceed with a new trial, but added that he does not want to prolong the case and cause further pain to the families affected.
Church Official Moved From Jail on Pope’s US Itinerary
Lynn has already served about two years of his three- to six-year prison term. Under state law, he must serve at least half of his sentence, but would be eligible for parole at that point and could be released.
Lynn’s attorney, Thomas Bergstrom, said Monday he has seen the filing, which was expected.
Monsignor Lynn Housed at Prison Pope Plans to Visit
“It’s part of the process, if you want to continue to fight this battle,” Bergstrom said in a telephone interview. “I’m not so sure the court is going to be willing to take it. At some point, it just seems to be a little much. Are we going to fight this forever? I hope not.”
The court has 60 days to address Williams’ application.
Advocates Seek Vatican Inquiry of NJ Archbishop
The Survivors Network of those Abused by Priests (SNAP) released a statement on Williams’ announcement:
We’re grateful that Philly prosecutors continue defending the conviction of a high ranking Catholic official who helped conceal clergy sex crimes. We hope Seth Williams prevails in his latest move to hold Msgr. William Lynn responsible for his devious and hurtful cover ups.
The potential deterrence effect of this case – encouraging whistleblowing and discouraging cover ups in child sex cases – cannot be overstated. Nor can the case’s healing impact – on the thousands of victims of the 136 publicly accused Philly predator priests and the dozens of other predators whose identities remain hidden – be overstated.
It’s tragic that of the hundreds of current and former Philly Catholic officials who ignored or hid known and suspected child sex crimes, only one can apparently be prosecuted for this heinous wrongdoing. But we are grateful that Philly’s DA persists in his effort to hold that one cleric accountable. We wish prosecutors in other jurisdictions would show similar diligence.
A judge claims that evidence of widespread corruption by archdiocesan staff in child sex cases is prejudicial to Msgr. Lynn. Our view is that when an institution is riddled with deception, callousness and recklessness, such evidence is crucial and is the only way to expose and prevent more corruption.
Read more: http://www.nbcphiladelphia.com/news/local/Prosecutor-Seeks-Rehearing-in-Catholic-Church-Abuse-Case-363653741.html#ixzz3vlpfp6JN
Elizabeth Hardin-Burrola, Settlement pending in Gallup, N.M., bankruptcy, National Catholic Reporter
/in New Mexico /by SOL ReformAfter recently beginning its third year in bankruptcy court, racking up more than $3.2 million in bankruptcy costs and participating in three court-ordered mediations, the Gallup diocese is on the verge of brokering a settlement with clergy sex abuse claimants.
News of that impending settlement was confirmed by James Stang, legal counsel for the Official Committee of Unsecured Creditors, which represents abuse claimants, in brief statements made to U.S. Bankruptcy Judge David Thuma in Albuquerque Dec. 16.
No details of the financial settlement were provided during the hearing, which lasted less than 15 minutes. The nonmonetary terms of the settlement are currently being negotiated, Stang explained. No timetable was given as to when details are expected to be finalized.
Reaching an agreement with the abuse claimants is a major step toward achieving a consensual plan of reorganization for the diocese, which filed its Chapter 11 petition on Nov. 12, 2013. At the time of the filing, the diocese was facing 13 clergy sex abuse lawsuits in Arizona and an additional number of out-of-court abuse claims.
The past year was particularly tumultuous for Bishop James Wall and the Gallup diocese. Although 2015 was the diocese’s 75th anniversary, it was marked by bankruptcy disputes and internal dissension.
A dispute between the Gallup diocese and its insurers spilled into public view in the spring when attorneys for Catholic Mutual, the diocese’s current principal provider of liability insurance, filed a blistering complaint that accused the diocese of being uncooperative in providing information about clergy sex abuse claims. Attorney Victor Ortega said the diocese “placed every conceivable roadblock in the path of Catholic Mutual’s quest for the vital and necessary information.”
That complaint was followed by two court hearings marked by bickering and sniping between attorneys for the diocese and attorneys for its insurers.
Catholic Mutual’s complaint also included a reference to one claimant’s recent allegation of sexual abuse that allegedly had happened a year earlier, in July 2014. Despite repeated media requests, diocesan officials have refused to answer questions about the identity of the alleged offender, if he or she is still in ministry, if the allegation was turned over to law enforcement and if the allegation has been deemed credible.
While the diocese and Catholic Mutual eventually mended their rift, other insurance disputes over coverage, policy limits and terminology continued to be the subject of court hearings and motions between different parties as the bankruptcy case’s first two mediation sessions were scheduled, held and subsequently failed.
Robert Pastor and John Manly, attorneys for abuse claimants, attempted to break the bankruptcy stalemate by filing motions for stay relief. With the diocese’s Chapter 11 filing, an automatic stay was triggered that had halted all pending litigation against the diocese.
Pastor and Manly requested the court lift the stay so several of their sex abuse lawsuits could move forward in Arizona state court. The Gallup diocese covers parts of northwestern New Mexico and northeastern Arizona.
The committee representing abuse claimants supported the move. Committee attorney Stang asserted the bankruptcy was “at a near dead stop” and argued that allowing civil trials to proceed would “force the debtor and its insurance carriers to make a reasonable evaluation of the claims” and break the legal logjam.
The Gallup diocese and its insurers filed motions in opposition. Susan Boswell, the diocese’s lead attorney, objected to the stay being lifted for any claim that was not covered by insurance, a position Thuma would later echo.
The bankruptcy case took a brief detour from those disputes when the diocese held two property auctions in Phoenix and Albuquerque. In addition to generating only about $160,000 in profits for the diocese, the auctions garnered considerable negative publicity. Catholic Charities Director Debe Betts complained to a local newspaper that the diocese had listed a Vincent de Paul Society food bank building in Arizona and a Catholic Charities building in New Mexico for auction without the knowledge of those organizations.
Officials at St. Bonaventure Indian Mission had voiced similar complaints earlier in the year. The Catholic mission, located 30 miles from Gallup, runs a school and charitable programs for needy Navajo families. Director Chris Halter appealed to the media after the Gallup diocese made plans to appraise — and possibly sell — property the mission had used for decades.
More negative publicity was generated when auctioneer Todd Good of the Accelerated Marketing Group barred a newspaper reporter and a member of the public from observing the Albuquerque auction.
Thuma ordered a hearing, and Good and Boswell submitted sworn declarations to the court that it had been Good’s “custom and practice not to admit non-bidders” to auctions throughout his career. After Thuma’s ruling, in which he declined to invalidate the auction, it was learned that Good had allowed reporters into his auction for the Tucson, Ariz., diocese’s 2004 bankruptcy, a case also overseen by Boswell.
In October, as the second anniversary of the Chapter 11 filing approached, a clearly frustrated Thuma warned attorneys that if a settlement wasn’t achieved by the end of the year, he would consider lifting the automatic stay to allow a few select abuse claims covered by insurance to proceed to trial.
Soon afterward, Houston attorneys Donald Kidd and Richard Fass, who also represent abuse claimants, filed a motion for relief from the automatic stay on behalf of 15 claimants whose cases are covered by insurance.
In imposing his year-end deadline, Thuma appeared to be responding to an earlier request made by Pastor, who argued that insurance companies “need to feel that they’re going to be exposed to a significant risk before they move. And we need to have that backstop and that backstop is a jury trial.”
In early November, as the parties in the Gallup diocese bankruptcy made plans to meet for their third mediation, a Minnesota jury handed down an $8.1 million award against the Duluth diocese on behalf of a single abuse survivor. On Dec. 16, attorneys in the Gallup bankruptcy confirmed a settlement agreement was in the works.
full article here: http://ncronline.org/news/accountability/settlement-pending-gallup-nm-bankruptcy
Dwight Longenecker, Should We Have Married Priests?, National Catholic Register
/in Uncategorized /by SOL ReformWhen Catholics discover that I am a married priest the vast majority of them say, “That’s fantastic! I hope the Church changes to allow our priests to marry. That would solve this problem of pedophile priests!”
As one of the few married former Anglican priests who has been ordained as a Catholic priest I can address the matter from personal experience. Furthermore, I served as a celibate Anglican priest for seven years before marrying, so I also have experience of that way of life.
This hot topic should be cooled down with a bit of common sense. Firstly, it should be plain to everyone that marriage does not solve the problem of pedophile priests. Marriage doesn’t cure pedophilia. The fact is, most child abuse is committed by married men.
Furthermore, most of the sex abuse by priests was against young men. Do people seriously think that marriage would cure a man who is attracted to teenaged boys? Are they suggesting that homosexual pedophiles would be cured if they just found a good woman? I don’t think so.
Neither will marriage purge the priesthood of other sexual scandal. Plenty of married Protestant clergy still manage to tumble out of the pulpit onto the wrong pillow. Being married doesn’t mean a person is free from lust and temptation.
On the other hand, being celibate doesn’t mean a person is constantly panting for sex. There are plenty of people in all walks of life, of both genders and all ages who are sexually inactive for many different reasons. That doesn’t make them all insatiable sex hounds or sad and desperately lonely souls. Many single people successfully integrate their sexuality into their singleness.
Then there is the realistic question of financial support. When a Catholic enthuses to me about having married priests I usually ask, “Are you willing to put an extra twenty bucks in the collection plate every week to make this happen?” It’s amazing how quickly the subject changes!
Speaking of the married priest’s family, has no one else seen the most obvious problem? If a young priest is married and he and his young wife are fertile they would be expected to live within the moral teachings of the Catholic Church. Yes, it is still Catholic policy that artificial means of contraception are forbidden.
The Catholic priest and his wife would be expected to live within that teaching. Do the parishioners who are so gung-ho about married priests really want to support the priest’s children? Would they want to re-build the rectory to house them? Pay their health insurance, deductibles and orthodontics? Would they be willing to cough up to send the priest’s kids through Catholic school and college? What if the priest had six, seven, eight, ten or twelve kids? It’s not really cheaper by the dozen.
On the other hand, where a husband and wife both love and serve the Lord in his church the example of a totally committed couple and family can be a terrific blessing for the Church. Parishes where the priest is in a healthy and strong marriage can show the way for all the families in the Church.
I’m the first to admit that there are benefits to be gained from having married priests, and I’m aware of real problems with celibacy for priests. My celibate colleagues are sometimes isolated and lonely, but then, I know married people who are isolated and lonely. Many celibate priests are workaholics and starved for real relationships and affection. Ditto many married men.
However marriage for priests is a pipe dream panacea. It will solve a few problems but it will create many more: What happens to clergy widows? Who picks up the pieces when a clergy marriage breaks down? Will a priest be able to date? If his marriage breaks down and is annulled will he be able to re-marry?
The powers at the Vatican could change the rule. It’s unlikely they’ll allow priests to marry, but they might adopt the Eastern Orthodox discipline in which priests may not marry, but married men may be ordained, or they might decide to allow older married men to be ordained.
In the meantime, the discipline of celibacy for our priests reminds everyone that sexuality is something which we all need to control in order to be happy—married people and single people alike.
The celibate priest, brother or sister reminds us that sex and marriage are given to lead us on to something better than sex: true and lasting Love. That’s why we insist that marriage and the celibacy vow are for life: because lifetime love gives us a taste of the eternal. The celibate reminds all of us that whatever our state in life we are called to integrate and control our sexuality in a healthy way, and that this virtue is called chastity.
For this reason alone chastity should be a valued virtue—because it is a self-discipline that reminds us that while true love is tender, for it to last it also has to be tough.
Read more: http://www.ncregister.com/blog/longenecker/should-we-have-married-priests/#ixzz3vlmkbbMK
Ray Duckler, Ray Duckler: After months of digging, investigators uncover church abuse, then turn up the heat, Monitor
/in New Hampshire /by SOL ReformWhen Will Delker and Jim Rosenberg of the attorney general’s office began sifting through pages from what they called the Secret Archives – two filing cabinet drawers filled with evidence of sexual abuse and cover-ups within the state’s Catholic church – they knew what they had to.
They had to find victims named in the documents and persuade them to come forward. Many had not uttered a word about their ordeal for decades, not to a sibling, a spouse, anyone.
The pattern mirrored the stories that emerged from Boston after the Boston Globe’s Spotlight team uncovered a scandal that later would sweep the nation. Priests had been molesting children and then receiving transfers rather than punishment, allowing the behavior to continue for years. Even after the abuse stopped, the trauma for the victims continued into adulthood.
“I grew up in this community, and I knew the meaningful and significant role the church played here, through school and elsewhere,” Rosenberg said in an interview. “But we were beginning to deal with victims who’d been terribly harmed and whose lives had been shaped or reshaped by sexual abuse at the hands of priests and compounded by the fact that the diocese didn’t react in real time at all. It was a very difficult and emotional balancing act for us.”
The lengthy, arduous investigation began in the summer of 2002, after Delker and Rosenberg had gone through the Secret Archives outside the office of Bishop John McCormack.
McCormack had transferred from the Boston Archdiocese to the Diocese of Manchester four years earlier, in 1998. His power as Boston’s auxiliary bishop made New Hampshire officials suspicious that he might have known about sexual abuse here and not said anything, as he had done earlier in his career.
At the time, New Hampshire was the fourth most Catholic state in the nation, relative to population, Rosenberg said. He also made sure to pass credit around, noting that law enforcement agencies agreed to free up personnel for the investigation for the better part of a year, and those individuals worked with little regard to time clocks.
“We would take information and follow up with these people,” Rosenberg said.
Then his eyes teared up, a sign of gratitude, I assumed, from a man known as a hard-boiled egg in legal circles. He and Delker were overcome with emotion at one point in 2002 while reporting to their boss, Phil McLaughlin, New Hampshire’s attorney general at the time. They had found a victim, a friend.
“He was in our age bracket and we knew him professionally,” Rosenberg said. “We related to him, we were close in age, we knew him from work. You could have put yourself in the shoes of this child victim, and the fact that we knew him personally connected us to his story in a unique way.
“We heard several stories.”
They heard stories about Father Paul Aube and his abuse of children in Berlin and Nashua and Rochester and Manchester, leaving a trail of emotional trauma over an eight-year span that in many cases never faded.
They also heard stories about Father Gordon MacRae and his abusive behavior through the 1980s.
I spoke to a man in his 40s who says he was 12 when a priest sexually abused him in Manchester. The man, who requested anonymity, said the residual stress and shame he feels led to a divorce from his wife and an early exit from the fire academy, costing him a job.
He was targeted, he said, because he had no father figure growing up, leaving him vulnerable and needy for a support system.
“To be honest, this is something you carry with you, always kind of under the surface,” the source told me. “There was depression, not being able to get out of bed.”
Interviews by investigators led to more interviews with more victims. Tony Fowler was a retired Manchester police detective working in the attorney general’s office when Delker and Rosenberg asked for his help.
He spoke to victims in the Carolinas and Maine, adults who’d been sexually molested years before as children.
“I don’t want to get into details,” Fowler told me by phone. “But these people were so brave. You’re talking about people who are married now with kids. Their memories were very specific, serious emotions. I was a driven man during this investigation.”
Fowler and Rosenberg drove to Maine to interview a victim listed in the Secret Archives. He was a professor, with a new life and an old memory, from Berlin in the 1980s.
“The first thing he said to me was, ‘How did you find me?’ ” Rosenberg said. He says, ‘I never complained. I want to talk to you and tell you what happened, but you have to understand that I have not talked to my wife or children about the fact that I was the victim of sexual abuse 30 years ago.’ ”
As the investigation deepened, so did investigators’ understanding of Canon Law, the regulations that governed the righteousness of church behavior.
But, ironically, Canon Law was used to justify cloaking unthinkable crimes in secrecy.
“Canon Law has a core theme of avoiding scandal,” Rosenberg said. “So when the church faces scandal, it will take steps that it feels are appropriate based on its own teachings to avoid notoriety and attention. It’s part of an understood history, culturally speaking.”
That still sticks with McLaughlin, the attorney general.
“One of the themes that recurred, not just with church but in other ways, was the extraordinary endemic attitude of privilege and entitlement of certain classes of individuals and institutions,” he said in a sit-down interview with the Monitor. “It’s in the DNA.”
During the investigation, incriminating testimony by the priests themselves blew the lid off the decades-old tragedy, giving officials what might have seemed like an open-and-shut case against individual offenders.
But those admissions surfaced only because a deal of immunity was agreed upon, needed because the statute of limitations had long since expired.
Instead, the state went after the church as an entity, citing a breach of a fiduciary duty, which gave them a fresh clock after the discovery of the abuse.
In other words, the attorney general’s office had one year from the time the Globe’s Spotlight story hit newsstands to indict the diocese on misdemeanor charges of endangering the welfare of a child.
“I was very confident we had sufficient evidence to result in the grand jury’s indictment,” McLaughlin said.
Nudged by the pressure of an upcoming indictment, set for Dec. 13, 2002, the diocese caved, signing an agreement three days before to avoid a trial and public shame.
The attorney general’s report, released at a press conference on March 3, 2003, officially publicized news that was hard to fathom.
Eight priests were identified as child molesters, each case documented with disturbing details. Overall, the report said, allegations of abuse were levied at nearly 40 priests.
“The investigation confirmed initial suspicions,” the report read, “that in multiple cases the diocese knew that a particular priest was sexually assaulting minors, the diocese took inadequate or no action to protect these children within the parish, and that the priest subsequently committed additional acts of sexual abuse against children that the priest had contact with through the church.”
The agreement also created safeguards. An annual audit to monitor the diocese’s response to allegations of sexual abuse against minors was put into place, but that lasted only five years.
Elsewhere, all facts related to this investigation were released to the public, training classes and a centralized office to handle accusations were established, and a new position, director of safe environment programs for the Diocese of Manchester, was added to the staff.
“We agreed that any cases that came to our attention involving church personnel would be reported to the attorney general’s office,” said Mary Ellen D’Intino, the program director at the diocese since 2006. “That’s the agreement we have in place, we agreed to it and we continue to abide by it. All the measures that were put into place at the time remain in place.”
D’Intino added that victims, maybe 10 per year, still come forward, some of whom were abused by priests long since dead, and some whose stories were already documented.
“Some want to come back and just talk about it further,” D’Intino said.
Full article: http://mobile.concordmonitor.com/home/20180374-108/ray-duckler-after-months-of-digging-investigators-uncover-church-abuse-then-turn-up-the