Catholic Sex Abuse Hearing Descends Into `Shut Up' Order and Charge of 'Abomination'

Courthouse News Service ^ | March 25, 2011 | Reuben Kramer

[Dr. Eckleburg]

At an intensely combative and vitriolic hearing Friday afternoon in a sex-abuse case that has shaken the Philadelphia Archdiocese to its core, a state court judge shocked one priest's defense attorney by disclosing that the government thinks he might be a witness as a former seminarian and could be disqualified from the case. The lawyer, who represents one of three current and former Roman Catholic priests charged with raping boys in their parish, fired back that prosecutors were being "anti-Catholic" and had uttered an "abomination."

Judge Renee Cardwell Hughes told defense attorney Richard DeSipio that she's received information that "might make you, in fact, a witness because of events that occurred while you were a seminarian."

The information "stems from the fact that you attended the seminary with a student who asserts he was abused," Hughes said, adding that DeSipio "may possess factual knowledge about abuse that occurred with that student."

She added that the substance of the claim that DiSipio witnessed something is still unclear. "I just don't know if it's true," Hughes said. "I really don't know if it's true."

Yelling and visibly upset, DeSipio demanded that the government, then and there, identify the source of the allegation. "Let them spill it out right now!" DeSipio demanded.

"How dare they send you a letter about that," DeSipio said, referring to the district attorney's office. "That's an abomination."

Prosecutors said only that part of DeSipio's seminary training overlapped with the tenure of a senior clergyman accused of endangering children by failing to protect them from priests with a known history of abuse.

Monsignor William Lynn, now pastor of St. Joseph Church in Downingtown, Pa., is reportedly the highest-ranking member of the Roman Catholic Church in the United States ever to be charged with child endangerment. Between 1984 and 1992, he served as dean of men at St. Charles Borromeo Seminary in Wynnewood, Pa., according to his biography on St. Joseph's website. As the secretary for clergy for the Archdiocese of Philadelphia from 1992 to 2004, Lynn acted as personnel director for priests. He is accused of ignoring reports of abuse, covering up for them and putting children in danger.

"They are anti-Catholic. I'll say it," DiSipio fumed. "[The district attorney is] attacking me as a Catholic!"

The judge rejected DiSipio's claim. "Attack you? You attacked me! You don't even know me!" Hughes said, referring to a prior argument over the necessity of a preliminary hearing, another hotly contested issue Friday afternoon.

"Mr. DeSipio, I suggest you shut up," Hughes said. "People are coming from out of the woodwork [to provide information to the commonwealth.]"

If the government can prove the allegation is credible in 30 days, DeSipio will be disqualified as the archdiocese's attorney.

"You can change lawyers now, you can change lawyers in 30," the judge warned DeSipio's client, the Rev. James Brennan. "[But] there are some conflicts that are not waivable."

DeSipio argued that the 30-day investigation was "really unfair to Father Brennan," given his mounting legal costs.

Judge Hughes was livid that DeSipio spoke up again. "If you open your mouth one more time I am going to have the sheriff take you out of here," she told DeSipio.

As DeSipio continued to argue, Hughes said she might have him "locked up and held in contempt." Instead she issued a gag order, responding to what she observed as attorneys having "gone to the airways to advocate."

"No more interviews with anyone," the judge ruled.

"Does that include the DA going on Chris Matthews' 'Hardball' and going to the New York Times," defense attorney Michael McGovern asked.

The judge responded affirmatively: "I don't want tweets. I don't want Facebook. I don't want IMs [instant messages]."

Hughes said the court will revisit the gag order on April 15, when defendants are to be arraigned. That date also marks the deadline for the DA to provide the defense with the first batch of discovery, she said.

All but one of the defense attorneys challenged the government's amendment to its case, which added a conspiracy charge that had not explicitly been requested of the grand jury.

"The issue here is that if the DA seeks to amend, it has to be subject to some sort of prima facie determination," the defense argued.

The judge found otherwise, ruling that the commonwealth established "good cause" in its pleadings and that "there is no constitutional right - federal or state - for a preliminary hearing."

It was "a technical error on the commonwealth not to charge conspiracy" originally, Hughes said. "Conspiracy is made," and the defendants will not be afforded a preliminary hearing, she ruled.

Hughes said there was abundant evidence to support the amendment.

"I'm the only person, besides the prosecutors, who has seen every stitch of evidence," she said.

Defense attorney McGovern argued that her admission was precisely the problem.

"Your Honor, this is patently unfair!" McGovern said. "You know the evidence. They know the evidence. I don't know what the evidence is! I haven't seen any!"

The attorney said proceeding to trial without a preliminary hearing was like saying, "Let's have a dart game in a dark room."

"What kind of country is this where we have this?" he shouted.

The judge yelled back, baring her teeth: "You sit down! Sit, sit, sit!"

DeSipio agreed with McGovern that their clients deserve a preliminary hearing, which could allow them to confront their accusers.

"There's no witness. I know that they [the prosecutors] don't like that he's in jail," DeSipio said. "This accuser says there was an erect penis in his buttocks."

"Was it in your buttocks, or was it in your anus," he asked rhetorically. "If that question wasn't asked [of the grand jury], and he didn't specify anus or butt cheeks, I have a right to ask that."

"What you can't do, and what I submit they're trying to do, is say just because we have a grand jury, we have good cause [to by-pass a preliminary hearing]," DeSipio said.

The judge also addressed a potential conflict of interest concerning Monsignor Lynn, who unlike the three current and former priests, faces child endangerment charges - not rape or sexual assault. Plans for the Archdiocese of Philadelphia to pay Lynn's legal costs present "a whole array of conflicts that I can't even imagine at this point in time," Hughes said.

"It's real simple," the judge said to Lynn, who was donning his clerical collar, "your master is the person that's putting bread on the table."

"It may be in your best interest to put forth a defense that attacks other people [or the church]," Hughes said.

She told Lynn he was putting himself in the position of receiving "advice from people who are being paid by people whose interests don't necessarily align with yours."

The stakes of this gamble could amount to "14 years of incarceration versus probation," she said.

Lynn, in a calm voice, declined. "Well, I trust these two men." he said, adding that the church hadn't placed any conditions on the payment of his legal costs.

Hughes was incredulous. "You are making a knowing, voluntary and intelligent decision to place yourself in conflict with your attorneys?" she asked.

"I am," Lynn responded, waiving his right to any future appeal based on the argument that his attorneys had a conflict of interest.

"Then we're moving forward," the judge said.

After arraignments and release of the first batch of discovery, which will include grand jury notes and testimony, on April 15, the government will begin putting together a second batch. The government said that batch would take longer to produce, as it will include roughly 10,000 pages of documentation, much of which will need to be redacted.

Hughes said the government must give the defense a specific timeline for the production of the second batch. "There has to be some finality," she said.

In January, a grand jury returned an indictment for rape and sexual assault against one current priest, one defrocked priest and one man who taught at a Catholic school. Monsignor Lynn, the third cleric who worked for the archdiocese as secretary of clergy, is accused of giving known abusers easy access to minors.

[Jean S]

...casualties of the endless, hateful, divisive religious wars on this forum.

Thank you Leni, I couldn't agree more. The hateful attacks on other beliefs are beyond ugly.

[presently no screen name]

well, you may be Christian.

Mark, a catholic never tells me if I'm a Christian or not. Man's opinion is important ONLY to catholics - they bow to man. God's calls me His own, so I am a Christian. ONLY HIS opinion matters - because that is all that matters. IT IS ALL ABOUT JESUS!

Christians follow Jesus Christ - Who is THE WORD! Catholics follow man with their man made teachings.

I am a child of The Most High with blessed assurance of my life with Him forever! I'm blessed, blessed, blessed!

Your pope calls you his children. Maybe your inheritance will be his red slippers if you bow and kiss his ring while he's kissing the koran. Maybe he'll even engrave an "M" on it - not for Mark but Mary - Queen of Purgatory.

[muawiyah]

The Hindus ALSO believe you are stuck on the Wheel of Life forever unless/until you do something remarkable to be chosen to get off.

Not much difference in those beliefs and yours. Actually, there's no difference ~ just the words we use and the personages we work with.

So, let me say this about that, leading that Christ-like life has just gotta' be more than believing in immortality.

[MarkBsnr]

I am saved by the blood of the Lamb, Christ the propitiation for my sin.. Justified me before the Father ...not by my works but by faith through grace.. Christ my redeemer , I am bought with a price He paid..

Christ's sacrifice is sufficient for all men, yes. We all have been given an inheritance through baptism. Will you collect on that inheritance? Hebrews 6: 4 For it is impossible in the case of those who have once been enlightened and tasted the heavenly gift 2 and shared in the holy Spirit 5 and tasted the good word of God and the powers of the age to come, 3 6 and then have fallen away, to bring them to repentance again, since they are recrucifying the Son of God for themselves 4 and holding him up to contempt. 7 Ground that has absorbed the rain falling upon it repeatedly and brings forth crops useful to those for whom it is cultivated receives a blessing from God. 8 But if it produces thorns and thistles, it is rejected; it will soon be cursed and finally burned. 9 But we are sure in your regard, beloved, of better things related to salvation, even though we speak in this way. 10 For God is not unjust so as to overlook your work and the love you have demonstrated for his name by having served and continuing to serve the holy ones. 11 We earnestly desire each of you to demonstrate the same eagerness for the fulfillment of hope until the end, 12 so that you may not become sluggish, but imitators of those who, through faith and patience, are inheriting the promises. 5

This passage very clearly shows that the author says that once saved, one can lose his salvation. Notice that if one is saved with the Holy Spirit, and then falls away, it is impossible for him to be saved again. Notice too, that the author says that God will not overlook their work (deeds) and he desires (meaning that it is not assured) that they inherit the promise (of salvation).

Hebrews 10: 26 14 If we sin deliberately after receiving knowledge of the truth, there no longer remains sacrifice for sins 27 but a fearful prospect of judgment and a flaming fire that is going to consume the adversaries. 28 Anyone who rejects the law of Moses 15 is put to death without pity on the testimony of two or three witnesses. 29 Do you not think that a much worse punishment is due the one who has contempt for the Son of God, considers unclean the covenant-blood by which he was consecrated, and insults the spirit of grace? 30 We know the one who said: "Vengeance is mine; I will repay," and again: "The Lord will judge his people." 31 It is a fearful thing to fall into the hands of the living God. 32 Remember the days past when, after you had been enlightened, 16 you endured a great contest of suffering. 33 At times you were publicly exposed to abuse and affliction; at other times you associated yourselves with those so treated. 34 You even joined in the sufferings of those in prison and joyfully accepted the confiscation of your property, knowing that you had a better and lasting possession. 35 Therefore, do not throw away your confidence; it will have great recompense. 36 You need endurance to do the will of God and receive what he has promised. 37 "For, after just a brief moment, 17 he who is to come shall come; he shall not delay. 38 But my just one shall live by faith, and if he draws back I take no pleasure in him." 39 We are not among those who draw back and perish, but among those who have faith and will possess life.

If someone draws back, they will lose their salvation. If you do not endure, you will lose your salvation. If you continue to sin after receiving knowledge of salvation, you will lose it.

And so on. I know that you do not understand, having been seduced away from Christianity by the ease and by the liberality of it. Up thread, there was a gentleman who noted that the requirements of Jesus were many, more than the Pharisees in fact. Yet, Jesus requires them of us. Those are His words, not the words of any fakir. Do you believe that the words of Jesus do not apply to you? What makes you Christian then?

I know that there is not one thing I can do to save myself.. I do not deserve the grace and mercy of God.. it is a gift.. One has nothing to brag about when they get a gift.. the gratitude and the praise is to the giver....

Read back upthread for some ways. I post the some of the commands of Christ - quoting Jesus. Where are the folks congratulating me on posting good Gospel verses? Absent - because these words are hard to them; they cannot accept it.

When I said that Catholics leave the Faith for ease and for personal reasons, I have never been successfully shown to be wrong. When I said that Protestants join the Faith for theological reasons, I have also never been shown wrong. Protestant beliefs are easier and more appealing to the self than Christianity is. I could not earn it, I do not deserve it.. but I have it

The Nicene Creed says that Jesus will return to Judge the living and the dead. And that Judgement is not going to be a free pass. Paul tells us that Jesus will Judge us for our deeds; and Matthew 28 tells us that if we are Judged by our deeds to be on His left, then we will be thrown into hellfire eternal.

I really hope you do someday to

I hope that you will go back and start really reading the Bible again. Put aside the nonsense that you are being taught by your pastor, and begin with Matthew. In a quiet room with closed door, pray for the guidance of the Holy Spirit in the manner that Jesus instructs us. I pray that by the time you reach the Passion of Christ, your Christianity may begin to return.

[MarkBsnr]

Mark, you’re wasting our time again. Yeah, the words of Jesus are quite boring to the pagan.

I gave you an example of the phrase “inconvenient truth” used, not from a liberal perspective, but from a conservative pov.

You tried to tell me that a conservative outlet such as the Second Amendment Foundation used the term 'inconvenient truth' on one of its communications, and made much ballyhoo about it. It turned out that you are wrong yet again, bone achingly and completely wrong. The term was inserted in a liberal paper (fitting because of your now exposed liberal bent) in the headline and lead, and you had to type it into your link yourself because the phrase you used did not show up even in the liberal paper. You are wrong yet again.

Every assault you’ve leveled at Bible-believing Christians has been refuted with evidence.

Since everything you've brought out over the last few days has been completely and utterly wrong, does that mean that you are not Bible believing? Given your stated theological points, I'd have said not anyway. I post Jesus and you guys look away and pretend that He's not there.

Your habit is to ignore the evidence and declare yourself the victor. Much like a six-year-old.

Your Pew reference (it is not a study) merely states claims, and gives no evidence at all. Fail. Your claim that the Second Amendment Foundation used the term 'inconvenient truth' was proven wrong by quotes going back to the original press release. Fail. You praised another poster for asking a good question and hinting that I would not answer it - only it was a statement and did not require an answer at all. Three strikes; three idiocies and three fails.

And FYI - using words like “cow manure” isn’t appropriate behavior on the Religion Forum. Your previous posts which used words like that have been pulled.

Wrong. Name one.

Try to learn and do better.

I'd use that phrase in the mirror, if I were you. Your failures are quite grand in scale here today.

[presently no screen name]

The Hindus ALSO believe you are stuck on the Wheel of Life forever

What's this ALSO about? and while you are at it - what's the wheel of life - some game?

So, let me say this about that, leading that Christ-like life has just gotta' be more than believing in immortality.

So let me say this about that - where did I say there is nothing more? Is this another one of your jump to conclusions and end up wrong again? Like mind reading - if they say 'this', then they must mean 'that'?

Do you know what being 'in Christ' means? Do you know what eternal life is? Don't give me a hindu version - I don't dabble in 'religions'.

[dangus]

>>>> I’ll bet that you cannot name five truly conservative Roman Catholics who are becoming Protestants. <<<<

>>Irish Tenor. Rnmomof7. Presentlynoscreenname. Topcat54. Metmom. My husband. <<

Really? Exactly how long does it take to become Protestants. Because most of those people you named have been bitterly anti-Catholic since I first started coming around FR almost a decade ago. And not one of them seems to know a single thing about Catholicism, but instead characterize it like they read about it in some comic book.’

Oh well, off to find where Eck said she wanted the Catholic church to be destroyed, but man... talk about prolific... I certainly can’t chime in on all the hundreds of comments... this one about “Catholic Tradition Fading in US” just got my attention, because, well, Catholics now make up almost 50% of all church members in the United States. That’s up from about 22% in 1960. You can check out the membership statistics from National Council of Churches’ data. And please also note that the Catholic Church has been growing (according to NCC) as the illegal immigrant population has been cavitating (according to the Center for Immigration Studies, an organization OPPOSED to illegal immigration, so their facts are against their interest).

Heh heh. Anyone who cites a Pew survey to assert a case is “easily proven” is either a liberal talking head or just plain desperate. They can’t poll within 20% of an election outcome if their lives depended on it, and they’re financed by the pantheon of radical leftists.

[MarkBsnr]

Mark, you STILL have not told us where the Pew Study erred.

Did you miss my numbered analysis of the Pew reference (it was not a Pew study)?

Please tell us what information given by the Pew Study is incorrect.

The Pew reference (it was not a Pew study) gave no information. It made unsubstantiated claims, which are somewhat different from another study that I posted, which gave complete methodology and data and analysis.

Your lack of doing so, after being asked numerous times, leads us to believe you may not be able to find any fault with the Pew Study other than it refutes your misrepresentation of the facts.

The Pew reference (it was not a Pew study) gave no facts. It made claims without methodology, raw data, or analysis, referring to another entity which claims to have held the study, but without supplying any information whatsoever. If I told you that my study showed that exactly 85.7% of all American citizens were Catholic, and supplied a list of numbers for other affiliations, would you believe me? Or would you want to see the data?

Pew is as liberal as it gets; now that you have discovered your inner liberal, as shown on this thread, it seems that you are willing to accept any of their claims.

[presently no screen name]

Your failures are quite grand in scale here today.

Dr.E That's catholic speak that you are doing a fantastic job and they can't top you. Since you believe God's Word is The Final Authority so; therefore, you have Truth within. You know how it goes with catholic speak, i.e., worship isn't worship.

[muawiyah]

You ended your little screed at immortality. If you want to preach a sermon, finish the job.

BTW, one of the reasons it is so doggone difficult to convert Hindus is they claim a common theological origin with all other Western religions ~ to wit, Manu (Noah) and a series of messiahs.

I don't let them get away with their immortality beliefs either.

[Dr. Eckleburg]

ROTFLOLOL.

Right back at ya, PNSN. 8~)

[presently no screen name]

Because most of those people you named have been bitterly anti-Catholic since I first started coming around FR almost a decade ago. And not one of them seems to know a single thing about Catholicism, but instead characterize it like they read about it in some comic book.’

Are you referring to me in your 'most of those people'?

As far as comics go - I've seen some amazing RomanCatholicComedy here. So if there is a comic book, kudos to the catholics.

[Dr. Eckleburg]

Did you miss my numbered analysis of the Pew reference (it was not a Pew study)?

Not at all. I read every word of it although it made very little sense.

You have a difficult time being specific, Mark. You're great with broad generalities, but when it comes to facts...not so much.

I'll ask you again. What facts did the Pew Study present that you are challenging?

Do you doubt that the United States is over 50% Protestant?

Do you doubt that the United States is 24% Roman Catholic?

[MarkBsnr]

well, you may be Christian.

Mark, a catholic never tells me if I'm a Christian or not.

I'll let Jesus do the talking:

Matthew 7:. 15 9 "Beware of false prophets, who come to you in sheep's clothing, but underneath are ravenous wolves. 16 By their fruits you will know them. Do people pick grapes from thornbushes, or figs from thistles? 17 Just so, every good tree bears good fruit, and a rotten tree bears bad fruit. 18 A good tree cannot bear bad fruit, nor can a rotten tree bear good fruit. 19 Every tree that does not bear good fruit will be cut down and thrown into the fire. 20 So by their fruits you will know them. 21 "Not everyone who says to me, 'Lord, Lord,' will enter the kingdom of heaven, 10 but only the one who does the will of my Father in heaven. 22 Many will say to me on that day, 'Lord, Lord, did we not prophesy in your name? Did we not drive out demons in your name? Did we not do mighty deeds in your name?' 23 Then I will declare to them solemnly, 'I never knew you. 11 Depart from me, you evildoers.'

God's calls me His own, so I am a Christian.

Really? Didja get a secret decoder ring and a secret handshake? The fruits are rancid; how did you decide that God calls you His own?

Christians follow Jesus Christ - Who is THE WORD! Catholics follow man with their man made teachings.

Odd, I keep posting the instructions of Jesus and keep getting told by your bunch that it doesn't apply to them, or that the Gospels are for the Jews only, or some other avoidance tactic. Catholics follow the instructions of Jesus as spelled out in the Bible and you guys sneer at us and call us Pharisees. Protestants don't follow much of anything and now you claim you are following Jesus? At a distance, dude, at a far distance.

I am a child of The Most High with blessed assurance of my life with Him forever! I'm blessed, blessed, blessed!

Not with the ability to read Scripture, that's for sure. You guys reject the commands of Jesus.

Your pope calls you his children. Maybe your inheritance will be his red slippers if you bow and kiss his ring while he's kissing the koran. Maybe he'll even engrave an "M" on it - not for Mark but Mary - Queen of Purgatory.

Here's a Richard Roberts prayer hanky to wipe the spittle off your face when you come out of the seizure.

[MarkBsnr]

Your failures are quite grand in scale here today.

Dr.E That's catholic speak that you are doing a fantastic job and they can't top you. Since you believe God's Word is The Final Authority so; therefore, you have Truth within. You know how it goes with catholic speak, i.e., worship isn't worship.

I hope that Richard Roberts will not be upset with the spittle on his prayer cloth.

[Dr. Eckleburg]

Catholics now make up almost 50% of all church members in the United States.

Show us the evidence, please. Because those figures contradict the Barna Group in 2007 which showed that 49% of adults identify themselves as attenders of Protestant churches, while 23% say they attend the Catholic segment.

Further, regarding weekly Church attendance -- Evangelical Protestants showed the highest participation of 60% (30% more than once a week). Catholics were at 45% (9% more than once a week.) From the Gallup poll between 2002 and 2005 found here...http://www.christianpost.com/article/20060418/weekly-attendance-highest-among-Evangelical-churches.htm

Oh well, off to find where Eck said she wanted the Catholic church to be destroyed

That should keep you busy, chasing after phantom comments.

[presently no screen name]

You ended your little screed at immortality..

It was a post, not a screed. Since it's mine - I NAME IT. Got a problem with that?

If you want to preach a sermon, finish the job

Another one of your jump to conclusions! Who said I wanted to preach a sermon? LOL! You say finish the job - you must want to hear more. Sorry, I'm not your teacher or preacher. I'm a child of the Most High God and the Holy Spirit leds me - not a poster on the internet.

I don't let them get away with their immortality beliefs either.

NEWSFLASH! You have NO authority and NO power - to or not to - let anyone ( much less me ) get away with anything. Hate to break that news to you - hope it didn't take the wind out of your sail and prevent any more of your fab sport of jumping to conclusions. BTW - I HAVE ETERNAL LIFE and I'm living it now! God is Good.

[muawiyah]

Even the demons in/from Hell can be commanded. There are those here who would like nothing more than to do that.

[presently no screen name]

What’s all the name dropping for? I have no idea who Richard Roberts is and have no desire to know.

Mark, it’s ALL ABOUT JESUS, not man. Work on that.

[lastchance]

Assault is a crime. If the accusations had risen to the level of criminal allegations it would not be an internal matter. It would be a police matter.

Do try to grasp that,

” accusing me of everything from drug addiction to multiple sexual exploits with her and several other adult women.”

He is not accused of assault. Yet you write as if you kow he guilty of assaulting several women. How does that work? Is it a gift? To take facts and twist them to suit your own preconceived findings of fact?