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Former Monsignor Released By Judge (In wake of SCOTUS Ruling, may go free)
nbc11 ^

Posted on 06/30/2003 8:56:32 PM PDT by chance33_98

Former Monsignor Released By Judge

POSTED: 1:21 p.m. PDT June 30, 2003 UPDATED: 5:49 p.m. PDT June 30, 2003

In the wake of a recent U.S. Supreme Court ruling, a former San Francisco monsignor was released on his own recognizance Monday after being charged with 244 child molestation counts involving 12 alleged victims.

Monsignor Patrick O'Shea, 70, is scheduled to return to San Francisco Superior Court July 16 for a hearing on whether the charges against him should be dismissed in light of the high court's ruling last week that struck down a California law which had allowed accused child molesters to be prosecuted years after the crimes allegedly occurred.

However, even if the child molestation charges against O'Shea, former pastor of St. Cecilia's Catholic Church in San Francisco, are dismissed, he still would have to face an unrelated theft charge for allegedly stealing from the church.

An alleged victim told NBC11, "History has shown it's a known fact that pedophiles will repeat their crimes... and history has shown that the church has harbored these pedophiles."

In a similar case, veteran basketball coach Mike Phelps of Bishop O'Dowd High School in Alameda is scheduled to appear in court in Alameda Monday on two counts of lewd and lascivious conduct behavior with a minor under 14. The charges stem from incidents that allegedly occurred in 1966.

Phelps may ask that the charges against him be dropped in the wake of the Supreme Court's ruling last week.

Yusuf Bey, a Black Muslim cleric in Oakland, was scheduled to appear in Alameda County Superior Court in Oakland today on numerous counts of rape and molestation of young girls. At issue is whether he is fit to stand trial because his doctor has testified that Bey is dying of cancer and is too incoherent to stand trial.

But Bey's hearing was postponed until July 7.


TOPICS: Crime/Corruption; Government; US: California
KEYWORDS: pedophilia; released; scotus; sexoffenders; statueoflimitations

1 posted on 06/30/2003 8:56:32 PM PDT by chance33_98
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To: chance33_98
BUMP FOR LATER READ!
2 posted on 06/30/2003 8:59:02 PM PDT by GrandMoM ("Vengeance is Mine , I will repay," says the Lord.)
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To: chance33_98
I am assuming the Supreme Court ruling here is Lawrence, but it doesn't say. Anyone care to comment on this?
3 posted on 06/30/2003 8:59:54 PM PDT by Ronin
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To: Ronin
The ruling is definitely not the Lawrence ruling. The ruling of this article involves the 'statute of limitations' notion that was challenged.
4 posted on 06/30/2003 9:05:31 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote Life Support for others.)
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To: Ronin
I am assuming the Supreme Court ruling here is Lawrence, but it doesn't say. Anyone care to comment on this?

No, this ruling was that California could not retroactively extend the Statute of Limitations because it violates the Constitutions "Ex Post Facto" clause.

So9

5 posted on 06/30/2003 9:08:31 PM PDT by Servant of the Nine (A Goldwater Republican)
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To: Ronin
Different court case. This is about the ruling that said it was unconstitutional for changes in statutes of limitations to be retroactively applied to people in order to charge them with crimes for which the previous statutes of limitations had expired.
6 posted on 06/30/2003 9:10:49 PM PDT by drjimmy
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To: chance33_98
I am assuming the Supreme Court ruling here is Lawrence, but it doesn't say. Anyone care to comment on this?

Lawrence is not to blame in this case, but what's to prevent an enterprising lawyer from using Lawrence to defend a homosexual pedophile in another case?

7 posted on 06/30/2003 9:21:19 PM PDT by Loyalist (Keeper of the Schismatic Orc Ping List. Freepmail me if you want on or off it.)
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To: Loyalist
Lawrence is not to blame in this case, but what's to prevent an enterprising lawyer from using Lawrence to defend a homosexual pedophile in another case?

Probably the same thing that stopped any lawyers from arguing that Roe v Wade provided a defense for a woman who killed her small child..

8 posted on 06/30/2003 9:32:26 PM PDT by Paradox
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To: ladyinred
Ping
9 posted on 07/06/2003 10:36:50 PM PDT by chance33_98 (http://home.frognet.net/~thowell/haunt/ ---->our ghosty page)
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