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State Supreme Court tells cardinal (Mahony) to turn over files
Associated Press ^ | November 17, 2005

Posted on 11/18/2005 6:26:13 AM PST by NYer

The state Supreme Court declined to overturn an appeals court ruling that forces Cardinal Roger Mahony to turn over the private personnel files of two former priests accused of sexual molestation.

The ruling this week is the latest development in a battle between the Los Angeles County district attorney, who subpoenaed the files three years ago, and the nation's largest Roman Catholic archdiocese.

Mahony has argued that opening the files would violate the church's constitutional right of religious freedom. Donald Steier, an attorney for the individual priests, said he was considering appealing the case to the U.S. Supreme Court.

The ruling is a blow for Mahony and the archdiocese because, barring another appeal, it means prosecutors may scour the personnel files for evidence that could result in criminal charges against additional clergy members - and possibly even Mahony himself.

One former priest, Michael Wempe, is expected to go on trial within weeks on three counts of committing a lewd act on a child and one count of oral copulation of a person under 16. District Attorney Steve Cooley has said his investigators are also looking into several other cases that could fall within the statute of limitations for prosecution of sexual abuse.

"This is an important milestone in addressing the issue of clerical sexual abuse," Cooley said. "I look forward to immediate access to files we subpoenaed from the Los Angeles Archdiocese."

In a separate civil case, a judge ruled Wednesday that a monsignor must submit to deposition questions and can't assert "clergy privilege" to avoid revealing whether he heard confessions of a deacon accused of sexual abuse.

"The penitential privilege protects a communication made in confidence," wrote Judge Haley Fromholz, who has been supervising a global settlement of more than 550 civil lawsuits against the archdiocese. "It does not prohibit the disclosure of the fact that the communication occurred."

Church attorneys argued that all communications between a priest and a bishop are privileged. Some priests might continue to refuse to answer questions despite the ruling, said Donald Woods, an archdiocese attorney.

Monsignor Michael Lenihan was deposed last summer in cases involving three priests, including Michael Baker, a deacon he supervised who later admitted abusing two brothers and has been accused in other cases.

Lenihan also was questioned about his nephew, who is accused of abuse, and a case in which a woman allegedly reported abuse to him.


TOPICS: Activism; Catholic; Current Events; General Discusssion; History; Moral Issues; Religion & Politics
KEYWORDS: abusivepriests; cardinal; homosexualpriests; ladiocese; mahony
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1 posted on 11/18/2005 6:26:14 AM PST by NYer
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To: american colleen; Lady In Blue; Salvation; narses; SMEDLEYBUTLER; redhead; Notwithstanding; ...
The gig is up! How long before the FOR SALE sign appears in front of the Taj Mahony.
2 posted on 11/18/2005 6:28:02 AM PST by NYer (“Socialism is the religion people get when they lose their religion")
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To: NYer
It's a sad day. I'm sorry that it's come to this. In Philadelphia, where we haven't had near the problems of other dioceses, I have seen the Grand Jury's report shake the faith of even good Catholics. I've been surpised that people have been so shocked by the findings.

And then I am ashamed of myself that I don't have near the respect for priests and bishops that so many of my fellow Philly Catholics apparently have (or had).

3 posted on 11/18/2005 6:34:04 AM PST by old and tired (Run Swanni, run!)
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To: old and tired

what parish are you from in Philly?
I grew up in St. Martin of Tours parish in the late 70'a, 80's and early 90's.


4 posted on 11/18/2005 6:39:21 AM PST by badabing98
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To: NYer
I simply don't understand this. There is a VERY SMALL number of depraved homosexuals, WHO NEVER SHOULD HAVE BEEN ORDAINED IN THE FIRST PLACE, who are destroying a two thousand year old reputation and defiling the Church our Lord gave us.

Any bishop or cardinal in his right mind should be happy to turn over everything they have to the authorities. Yes, there will be serious consequences and it will have an enormous financial impact, but it is time to do the right thing and get it all out in the open. The hierarchy is dragging the Church's reputation through the mud, and the only way to salvage that is to come clean. People are generally forgiving, but only if others are forthcoming about their transgressions and contrite.

5 posted on 11/18/2005 6:41:56 AM PST by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: NYer

People are allegedly saying Mahoney may have molested kids.
Is there any truth to that?


6 posted on 11/18/2005 6:44:01 AM PST by badabing98
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To: NYer
"The gig is up! How long before the FOR SALE sign appears in front of the Taj Mahony."



Yeeeeeeeeeeesssssssssssssss! From your keyboard to God's Ears, sister! Yeah!
7 posted on 11/18/2005 6:55:01 AM PST by Convert from ECUSA (It really, truly is a "religion of peace", and the jihadistinian rioters in France prove it!)
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To: old and tired
I don't have near the respect for priests and bishops

I respect those priests and bishops who have earned that rite through their example. Being an ordained clergy, I don't expect people to respect me simply because I'm ordained, rather, because I take my sacrament humbly and seriously and try to live the call I've received. There are still many many serious problems within the hierarchy and we need to continue to pray for spiritual cleansing.

Deacon Francis

8 posted on 11/18/2005 6:57:44 AM PST by ThomasMore (Time to remove the GAYS from the hierarchy!)
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To: badabing98
People are allegedly saying Mahoney may have molested kids. Is there any truth to that?

I have no idea; that's between him and his Maker. Mahony is one of several bishops/cardinals who hand selected by Archbishop Jean Jadot because they shared the same 'vision'. As we have all come to see, the vision was blurry and misguided. How many sheep have strayed while these shepherds implemented their agendas.

9 posted on 11/18/2005 6:58:18 AM PST by NYer (“Socialism is the religion people get when they lose their religion")
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To: NYer

Is the hammer going to fall on Mahoney?


10 posted on 11/18/2005 7:02:13 AM PST by Salvation (†With God all things are possible.†)
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To: NYer; ninenot; sittnick
Let it be between Roger Mahoney and the criminal justice authorities, judges and juries of California and, then, hopefully, the prison wardens if and when he is convicted. If there is no other way to get a Catholic archbishop in office in Los Angeles but to incarcerate this awful man, so be it.

PREDICTION: Mahoney won't last two days after full disclosure of all archdiocesan homosexual clergy files and homosexual pedophile clergy files unless they have already been destroyed in which case Mahoney will be jailed for obstruction of justice which is a lot more respectable than the many evils for which he deserves incarceration for the rest of his execrable life. Not that I feel strongly about Mahoney or anything.

11 posted on 11/18/2005 7:08:33 AM PST by BlackElk (Dean of Discipline of the Tomas de Torquemada Gentlemen's Club)
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To: old and tired

This is not the first time in history that some church authorities and priests have behaved badly. So the current scandals haven't shaken my faith, because it's not in the men, it's in the office, it's in Christ, not the flawed tools he uses.

Men will always let us down if we put our faith in them.

On the other hand, God encourages us flawed creatures to strive for holiness, and the church has produced men who were priests of incredible holiness. Which should give us all hope.

I do tend to personally respect priests not afraid to be seen in adoration or saying their rosary, who work hard for God and understand the orthodox teachings and push them, even when we'd rather hear something else.

But I do pray for all priests, that God feed them with the strength and grace they need to fulfil their office and stay true to their first love.

But I have to admit, I would not want to go to the next life carrying the load that Mahoney is carrying. May the Lord open his eyes and soften his heart that he finally realizes why what he has done is NOT GOOD!


12 posted on 11/18/2005 7:12:40 AM PST by Knitting A Conundrum (Act Justly, Love Mercy, and Walk Humbly With God Micah 6:8)
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To: NYer
Mahony has argued that opening the files would violate the church's constitutional right of religious freedom.

Yes. Which is exactly why Mahony should have avoided the prospoect of a court making such a ruling, and simply have voluntarily turned over the files. Unless of course the priests in question have knowledge that Mahony doesn't want to get out..

13 posted on 11/18/2005 7:56:24 AM PST by Rodney King (No, we can't all just get along.)
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To: NYer

I'm fairly well convinced that Jadot was a tool of Satan himself.


14 posted on 11/18/2005 8:03:43 AM PST by Malacoda (Islam = deranged, evil suicide cult)
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To: old and tired; badabing98
I'm in ChesCo, in St. Joseph's parish -- we have Monsignor Lyn, the jerk who was shuffling Philly's perv priets hither and yon.

He openly stated that he would meet, individually, with any area Catholic who wanted to speak to him on the matter.

Perhaps you ought to ome talk to him, and tell him how this has shaken your faith? It might do you (and him, and the Church) a world of good.

And, hey! I'll take you to lunch afterwards, if you don't mind eating with my kids!

15 posted on 11/18/2005 8:06:17 AM PST by Malacoda (Islam = deranged, evil suicide cult)
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To: NYer

"In a separate civil case, a judge ruled Wednesday that a monsignor must submit to deposition questions and can't assert 'clergy privilege' to avoid revealing whether he heard confessions of a deacon accused of sexual abuse. "

As discussed on another thread, this is very alarming. The judge is requiring that the priest violate the seal of the confessional.


16 posted on 11/18/2005 8:09:06 AM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: wagglebee

Dear wagglebee,

Unfortunately, it wasn't a very small number of depraved homosexuals. Approximately 4% of our priests have been accused of molestation of children (nearly all boys). That's one in 25 priests.

We should be grateful it wasn't worse, but one in 25 priests is a pretty ugly statistic.


sitetest


17 posted on 11/18/2005 8:12:42 AM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: sitetest

I agree that 4% is disgusting, but that still means that 96% of priests are the men of God we expect them to be. The bottom line is that we need to expose the remaining perverts and do whatever is necessary to insure that they will no longer be a danger.


18 posted on 11/18/2005 8:36:30 AM PST by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: wagglebee

Dear wagglebee,

"I agree that 4% is disgusting, but that still means that 96% of priests are the men of God we expect them to be."

Well... no. It only means that only 4% of priests are child abusers. We don't know what percentage of priests who are otherwise not worthy, especially when it comes to illicit relationships, and refusal to accept Church teaching on sexual morality.


sitetest


19 posted on 11/18/2005 8:55:26 AM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: Malacoda
Perhaps you ought to ome talk to him, and tell him how this has shaken your faith? It might do you (and him, and the Church) a world of good.

It hasn't shaken my faith, but it has shaken the faith of some people I know. I believe I suffer from the polar opposite of overly respecting clergy. I am guilty of respecting the clergy less than other folks I meet. Until they've proven to me they're men of God, I have automatically assumed they're self-absorbed hedonistic liberals who may well be homosexual, married deacons and St. Charles' seminarians being the only folks not subject to my prejudging. This report made me realize this tendency in myself and I am working hard at trying to overcome it.

I have heard through the grapevine that Msgr. Lynn is being put through the wringer by faithful Catholics. I fear for his health.

I don't mean to excuse anything he has done - or more accurately didn't do - during this whole mess. But the man desperately needs prayers.

20 posted on 11/18/2005 9:04:09 AM PST by old and tired (Run Swanni, run!)
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