Posted on 03/26/2011 12:59:03 PM PDT by 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.
Not at all. I read every word of it although it made very little sense.
Well, I suppose that unelectrified single room swamp area school houses 75 years ago had very little in the way of actual education. I'll help you out where I can.
You have a difficult time being specific, Mark. You're great with broad generalities, but when it comes to facts...not so much.
You failed specifically three times today in spectacular fashion. Congratulations.
I'll ask you again. What facts did the Pew Study present that you are challenging?
There was no Pew Study - it was done by somebody else who provided no facts. Bring forth the facts and we can talk about them. Simply making claims is just what the rest of your liberal sources do. Bring forth the raw data and the methodology. Otherwise I can get a claim from Al Jazeera, who are definitely no more antiCatholic than Pew is.
Do you doubt that the United States is over 50% Protestant? Do you doubt that the United States is 24% Roman Catholic?
Those are your claims that you've been waving about like an epileptic in a grand mal seizure. You've proclaimed them. You prove them. We're not going to do your homework for you.
There may be some truth to that statement.
lol. Thank you for proving a point that's been stated a hundred times on this forum, and denied by RCs just as often.
This is why it is dangerous to have a Roman Catholic in a position of power in this country. It's their way or the highway.
I was offering evidence that the allegations by SNAP are untrue. Those allegations are that predator priests were dumped on the military once their guilt was made known or at least once credible accusations were made. I never stated that there had not been crimes committed. Notice though that in the article accussed equals guilt even if those accusations are overly vague.
Somebody else pretending to be Christian and isn't.
Mark, it’s ALL ABOUT JESUS, not man. Work on that.
Tell me if Luke 6 and Matthew 9 and 25 apply to you. Let's see if it's all about Jesus or all about your own created god.
Asking rhetorically if you ever were picked for jury duty is not personal. Pointing out that you assume guilt is not personal it is just an observation of facts. As is the rest.
We were being sarcastic. We were nodding and winking about what is alleged against Catholics. Sheesh.
Yes he did. I’ll give you one reason he gave, flawed methodology.
I don’t see how any your post follows mine.
You first said:
“Everyone’s out of step but Rome.”
And that is true in the sense that every other church is theologically out of step.
For example, even though it is not a “church,” Geneva, Switzerland’s doctrines are out of step with the truth. Thus, we can say Geneva is out of step, but Rome is not.
Are you enjoying your breakfast?
I revise my post 1,002. I got my hopes up too high. Instead, I should have said “another false statement by Dr. E!” I wasn’t careful and missed the word “assault.”
I pray for your conversion and a healing for your psyche.
Are you trying to tell us something?...
ping to 1053
They wiggle about like eels, but are very bland overall - no substance to them. Perhaps some Tabasco or Habanero sauce might be in order.
Since "word magic" and the use of demons are NON EXISTENT ~ not that the demons themselves are non existent ~ I really doubt I'd be interested in getting involved in that.
My thought was simply that some here would really like to dispose of the demons who help a certain crowd on this thread.
I thought they’d taste like poison.
No she didn’t. She accussed him of sexual exploits with her and other women. There is nothing indicating it was non consesual. If it was non consensual it is called rape or at least sexual assault. These are crimes. No criminal allegations have been made.
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