Catholic bishop of Phoenix arrested

FOXNEWS | 6/16/2003 | John Gibson

[sinkspur]

Roman Catholic bishop John O'Brien was arrested for leaving the scene of a fatal hit-and-run accident, and his car impounded.

[Aloysius]

Drunk? Victim and Driver?

Apparently the accident was at 8:35 PM. Since we are in the peak of day light savings time, wouldn't it have been still daylight? I don't understand how he could not have realized what he had done.

[HiJinx]

So would I. And I would have taken my chances with the cops and the courts.

And I wouldn't have my story making the rounds on the Internet, or in the Arizona Repulsive.

[B-Chan]

The Catholic Church is NOT infallible.

Then our Lord is a liar.

God - yes, Scripture - yes, but the Catholic Church?

Yes.

Please answer the following question:

Where did the Bible come from?
A. It fell out of the sky.
B. It was written by King James I of England.
C. It was defined by the authority of the Catholic Church.

[RobbyS]

To give him the benefit of the doubt, when one gets old he loses night vision and that time of day is pretty bad. If I were driving that car I probably would have hit the guy as well. But, again, I would have stopped.

[Endeavor]

I haven't noticed any Catholic "haters" here. I sure don't hate Catholics.

Maybe a few are guilty of some unfortunate Irish jokes, but no hate -- of course I don't know what those comments removed by the Mod were about. But I think you're just a bit touchy.

This guy may not have known what he hit, but he sure knew he hit something and should have stopped to at least see if it was an animal or human. Common sense, if one has no decency, would leave one to believe that he'd at least check the damage to his car.

Come on, something's up with this and it isn't Catholic hate.

[Robert_Paulson2]

http://www.azcentral.com/arizonarepublic/news/articles/0603church-main03.html
see the article... this guy was identified by the DA in a plea agreement, as an admitted bag man in the child abuse scandal in phoenix...

snippet

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The bishop further acknowledged in the statement "that priests who had allegations of sexual misconduct made against them were transferred to ministries without full disclosure to their supervisor or to the community in which they were assigned."

Romley said those admissions and other evidence he gathered during his investigation convinced him that he had the evidence to bring a felony criminal indictment against O'Brien for obstruction of justice.

The county attorney said he decided against seeking an indictment only after getting what he considered to be a candid confession from O'Brien and a promise that the bishop would surrender all power to deal with sex abuse allegations in the diocese.

"I could have brought charges," Romley said at his news conference. "But I felt my primary goal was to protect the children. I chose the future rather than dwell on the tragedies of the past."

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snippet

[CdMGuy]

Bishops drive themselves most of the time. Archbishops and Cardinals frequently have drivers.

I suspect the Bishop had something to hide. Perhaps he had a couple of drinks with dinner. He might have been just over the DUI limit. Unfortunately, for such a driver, a jay-walking pedestrian can turn a no-fault traffic fatality into a DUI death charge. It's a real sad situation for the driver. However, that does not excuse hit and run. Stop, seek assistance for the injured party, and then take your lumps, especially if you are a religious.

Another possiblity is that he had someone with him whom he did not want to be found out.

Who knows? No doubt, the Catholics of the Phoenix diocese will be having themselves a new Bishop in the near future. Certainly, they deserve better.

[Robert_Paulson2]

http://www.azcentral.com/news/articles/0602agreement-ON.html

Jun. 2, 2003 11:01 AM

Here is the text of the agreement between Maricopa County Attorney Rick Romley, Bishop Thomas O'Brien and the Roman Catholic Diocese of Phoenix.

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AGREEMENT
PARTIES

This Agreement is entered into this 3rd day of May, 2003, by and between the State of Arizona, ex. rel. Richard M. Romley, Maricopa County Attorney; Thomas J. O'Brien, Bishop of the Roman Catholic Diocese of Phoenix and the Roman Catholic Diocese of Phoenix, a corporation sole ("the Diocese").

DEFINITIONS

For purposes of this agreement, the following definitions apply:

"Priest" means any Diocesan priest, or any priest who is a member of a separate order.

"Diocesan Personnel" means the Bishop, any priest, nun, seminarian or deacon, and all employees and volunteers who perform any type of service or work for the Diocese, whether clergy or layperson.

INTRODUCTION

A Maricopa County Grand Jury is investigating and considering information relating to criminal sexual misconduct by diocesan personnel including, but not limited to, the criminal conduct of individual priests. The grand jury has also been investigating whether Thomas J. O'Brien or the Diocese failed to report to law enforcement authorities criminal sexual misconduct by priests and other Diocesan personnel, and whether Thomas J. O'Brien or the Diocese placed or transferred priests or other Diocesan personnel in or to a position to commit additional criminal conduct after becoming aware of prior criminal conduct.

Since 1961, Thomas J. O'Brien has been an ordained priest of the Roman Catholic Church. In 1969, Thomas J. O'Brien was appointed Chancellor of the Diocese. In 1978, ThomasJ. O'Brien was appointed Vicar General of the Diocese. In 1981, Thomas J. O'Brien was appointed Bishop of the Roman Catholic Diocese of Phoenix. In that capacity, he assumed the responsibility of administering, supervising and overseeing the operation of the Diocese.

During the course of the grand jury's investigation, to this date, no credible evidence has been received that would establish that Thomas J. O'Brien personally engaged in criminal sexual misconduct. However, the investigation developed evidence that Thomas J. O'Brien failed to protect the victims of criminal sexual misconduct of others associated with the Roman Catholic Diocese of Phoenix.

This Agreement is executed upon the conclusion that the public interest would be best served by settling the matter without criminal prosecution of Thomas J. O'Brien or the Diocese. The following terms, representations, and conditions will insure that the Diocese complies with all applicable laws relating to criminal sexual misconduct by its agents, representatives, or employees. The following terms, representations, and conditions will contribute to the well-being of the community at large by offering counseling to victims of criminal sexual misconduct, reimbursing the State of Arizona for certain costs expended during the course of this investigation, and assuring compliance by the Diocese with all applicable laws relating to sexual misconduct.

THEREFORE, it is hereby represented and agreed that:

Bishop Thomas J. O'Brien has appointed a Moderator of the Curia. The Moderator of the Curia is a canonical position equivalent to "chief of staff". Certain administrative duties have been delegated by Thomas J. O'Brien to the Moderator of the Curia, which shall include the responsibility for dealing with issues that arise relating to the revision, enforcement and application of the sexual misconduct policy.

The Diocese has created and appointed the position of Youth Protection Advocate. That person shall be responsible for the implementation and enforcement of the policy on sexual misconduct by Diocesan personnel. Under the Diocesan policy, all Diocesan personnel, including the Youth Protection Advocate, are required to comply with all applicable federal, state and local laws regarding the reporting of incidents of actual, alleged, or suspected sexual misconduct without restriction. The decisions of the Youth Protection Advocate to report allegations of child sexual abuse to Child Protective Services or law enforcement is to be made by the Youth Protection Advocate independently and not subject to the consent of Thomas J. O'Brien, or any other Diocesan personnel.

With input from the Maricopa County Attorney's Office, a special counsel will be employed within sixty (60) days of the signing of this Agreement. This attorney shall be counsel for the Youth Protection Advocate. This special counsel's advice will not be subject to approval by anyone within the Diocese including, but not limited to, Thomas J. O'Brien or any other priest.

The Diocese's Policy on Sexual Misconduct is to be reviewed and modified. The Maricopa County Attorney's Office and the public shall be offered the opportunity to provide input prior to any adoption and/or revision of such policy.

The Diocese, in conjunction with the Maricopa County Attorney's Office, shall implement a training program to educate Diocesan personnel on sexual misconduct issues, including the Mandatory Reporting Law (A.R.S. 13-3620), and Maricopa County's Multidisciplinary Protocol for the Investigation of Child Abuse. The Maricopa County Children's Justice Project Team will be invited to conduct regular and ongoing training of all Diocesan personnel, including the training of Diocesan school personnel.

Thomas J. O'Brien shall, in a written public statement which is incorporated at Tab A, acknowledge that he allowed Roman Catholic priests under his supervision to have contact with minors after becoming aware of allegations of criminal sexual misconduct. He shall further acknowledge transferring offending priests to situations where children could be further victimized. In addition, Thomas J. O'Brien shall apologize and express contrition for any misconduct, hardship or harm caused to the victims of criminal sexual misconduct by Roman Catholic priests assigned to the Roman Catholic Diocese of Phoenix.

The Diocese will make a contribution to the Maricopa County Attorney's Victim Compensation Fund (Victim Assistance Fund, A.R.S. 41-2408) in the sum of Three Hundred Thousand Dollars ($300,000.00) within fourteen (14) days of the execution of this Agreement. These funds shall be used to compensate child victims of criminal sexual misconduct.

The Diocese will allocate a total of Three Hundred Thousand Dollars ($300,000.00) of funds received by the Diocese for counseling of those victimized by child sexual abuse. The allocation shall be made at a rate of One Hundred Thousand Dollars ($100,000.00) per year from the signing of this Agreement. It may be accelerated at the discretion of the Diocese.

Within 180 days of the signing of this Agreement, the Diocese shall create a Victim Assistance Panel. It will be a three-person panel composed of established and respected mental health professionals. This panel will consider requests from persons who indicate that they are victims of sexual misconduct by Diocesan personnel for counseling assistance for the victim and the victim's immediate family. This process will be available to all victims of sexual misconduct, including those persons whose legal claim for sexual misconduct are foreclosed by the statute of limitations, and those persons who have entered into binding settlement agreements, but now find that those settlement agreements were inadequate to address unforeseen impacts of their victimization. The panel will have the authority to approve requests for counseling. Approved requests for counseling would result in payment of counseling fees and costs to qualified treatment providers of up to Fifty Thousand Dollars ($50,000.00) per any one victim and that victim's family, over the victim's lifetime.

The Diocese and the Maricopa County Attorney's Office will host a summit meeting on sexual abuse within twelve (12) months following the execution of this Agreement. The cost of the summit will be borne by the Diocese. Both the County Attorney and the Diocese may invite anyone to attend the summit. The purpose of the summit is to provide a forum for exchange of information on sexual abuse and the responsibility of public and private employers and others to identify and appropriately deal with these issues.

One Hundred Thousand Dollars ($100,000.00) shall be paid by the Diocese to the Maricopa County Attorney's Office as reimbursement for investigative expenses. The sum shall be paid within fourteen (14) days of execution of this Agreement.

The State of Arizona agrees not to initiate criminal charges against Thomas J. O'Brien or the Diocese arising out of information relating to the subject matter of this investigation for acts occurring on or before the date of the execution of this Agreement with the following exception: If information is forthcoming of personal, direct involvement of Thomas J. O'Brien in any act of criminal sexual misconduct, then charges shall not be precluded. This Agreement shall not preclude the Maricopa County Attorney's Office from prosecuting any other individual for criminal misconduct.

To protect the integrity of on-going investigations and not impede the conclusion of those investigations, this Agreement and its terms shall be kept confidential to be disclosed at the discretion of the Maricopa County Attorney's Office. Upon a decision of the Maricopa County Attorney's Office to disclose this Agreement and its terms, it is acknowledged that this Agreement will be a public document and the parties to the Agreement are free to hold separate and distinct public announcements and to supply supplemental information and to respond to questions posed by the media or members of the public except as prohibited by law.

In the event of any material breach of this Agreement, by Thomas J. O'Brien or the Diocese, as first determined by the Maricopa County Superior Court after notice and a hearing, this Agreement shall be rendered null and void and the State of Arizona shall have the right to pursue any and all remedies provided by law including, but not limited to, initiation of criminal proceedings. If Thomas J. O'Brien or the Diocese breaches this Agreement and the State files criminal charges, Thomas J. O'Brien and the Diocese agree that any applicable period of limitation is tolled from the effective date of this Agreement until the date on which the Agreement is rendered null and void.

SIGNATURES

Thomas J. O'Brien
Bishop of the Diocese of Phoenix

Jordan Green
Lee Stein
Attorneys for Bishop Thomas J. O'Brien

DIOCESE OF PHOENIX

Thomas J. O'Brien
Bishop of the Diocese of Phoenix

James Belanger
Frederick Petti
Attorneys for the Diocese of Phoenix

Richard M. Romley
Maricopa County Attorney

[Hermann the Cherusker]

**Remember the Church is not infallible in all things, and uses its infallibility best when it uses it least, and for the most important moral cause.**

This had been done only two times in the entire history of the Catholic Church.

With all due respect, the Church has used her infallibility many more times than the definitions of the Immaculate Conception and the Assumption. If you need some examples, I'd be happy to send some in your direction. You could start with the Canons and Decrees of Trent and Vatican I, the definitions of Niceae, Constantinople, Chalcedon, Ephesus, Lyons, Florence, etc. Then there are the infallible definitions of Benedict XII on the Beatific Vision, of Boniface VIII on the powers of the Pope and the Church, of Pius XII on the matter of Holy Orders, of John Paul II on the evils of abortion and euthanasia and the inability of women to be ordained, of Pius X and Benedict XIV on the damnation of the ignorant, of Leo XIII on the invalidity of the Anglican Ordinal, just to name a few. To follow up this, there are all the papal canonization decrees, the lists of condemned errors (such as Pius IX's Syllabus, or the multiple condemndations of the Jansenists and Laxists). Need I go on?

[maryz]

Perhaps you are being too hard on the guy? Lots of deer in Phoenix...

But remember it was 36 hours, and I gather the police finally tracked him down. I assume that like here (in Boston), the news would have carried stories about the hit-and-run, giving what information was known, and asking for public help.

[Geezerette]

Here in Phoenix, the local station's news break on the Sean Hannity radio program, interviewed a lady.

This lady said she almost hit the pedestrian AFTER he had been run down and was lying in the road. She said the road was so dark that she didn't see him until she was almost on him. I think she was the one who called the police. It didn't sound like she actually SAW the car(s) that did this.

g

[Endeavor]

D. None of the Above

[NotJustAnotherPrettyFace]

Related article posted at today's Chicago Tribune:

Phoenix Bishop Arrested in Hit and Run

[CdMGuy]

Arizona does not go on daylight savings time. I can tell you that at 8:30PM in So Cal, the sun has set about 20 minutes prior and it is nearly dark. So, by that same time, I suspect it is completely dark in Phoenix.

[sinkspur]

The only excuse for not knowing he'd hit someone with his car was that a) he was so blitzed he really didn't know he'd hit somebody or b) somebody else was driving.

Notice, he said he was the only one who had the keys to the Buick Park Avenue. Kind of an odd thing to say.

[B-Chan]

Your grade:
F

The correct answer is C.

As in "See me after class".

[Geezerette]

Yes it is. Please see my post #91 above.

g in Phoenix

[Endeavor]

Honey, I'd NEVER have signed up for your class. Count on it. I'm into non-fiction.

[TradicalRC]

Is it true he had a bumper sticker that read "God is my Co-pilot"?

[Havisham]

I believe I would have stopped if I had known I'd hit someone but not necessarily if I'd had to make a split-second decision about whether I'd hit a large object, perhaps a dog, and there were numerous cars bearing down on me at 50mph. A similar thing happened to me. I reasoned I'd struck a large dog and kept going. I think the drivers behind me would say I did the right thing. Why speculate? Witnesses will be able to tell investigators if O'Brien attempted to brake after the impact thus indicating he was aware that he'd hit something. Sinkspur, I've appreciated your posts for some time, but lately you've taken an immoderate, even bitter tone. Sorry.