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.

[Gamecock]

Sounds like they need our Religion Moderator to come in and restore order!

[E. Pluribus Unum]

Judges are supposed to hear evidence, not present it.

[Dr. Eckleburg]

For anyone following the criminal trial of Philadelphia's pederast priests, this turn of event is pretty jaw-dropping.

Apparently one of the defense attorneys is a possible witness in the case.

Thanks to Dr. Scarpetta for passing it along.

[Salvation]

 

Jesus. High Priest

 

We thank you, God our Father, for those who have responded to your call to priestly ministry.

Accept this prayer we offer on their behalf: Fill your priests with the sure knowledge of your love.

Open their hearts to the power and consolation of the Holy Spirit.

Lead them to new depths of union with your Son.

Increase in them profound faith in the Sacraments they celebrate as they nourish, strengthen and heal us.

Lord Jesus Christ, grant that these, your priests, may inspire us to strive for holiness by the power of their example, as men of prayer who ponder your word and follow your will.

O Mary, Mother of Christ and our mother, guard with your maternal care these chosen ones, so dear to the Heart of your Son.

Intercede for our priests, that offering the Sacrifice of your Son, they may be conformed more each day to the image of your Son, our Lord and Savior, Jesus Christ. Amen.

Saint John Vianney, universal patron of priests, pray for us and our priests

This icon shows Jesus Christ, our eternal high priest.

The gold pelican over His heart represents self-sacrifice.

The border contains an altar and grapevines, representing the Mass, and icons of Melchizedek and St. Jean-Baptiste Vianney.

Melchizedek: king of righteousness (left icon) was priest and king of Jerusalem.  He blessed Abraham and has been considered an ideal priest-king.

St. Jean-Baptiste Vianney is the patron saint of parish priests.

[WaterBoard]

Wow, just wow. What can you say.

[kbennkc]

[Dr. Eckleburg]

More prayers for the pederast priests?

When a man considers himself to be an "alter Christus," another Christ, there is no limit to his corruption.

[Dr. Eckleburg]

lolol.

[buccaneer81]

Surely Alex has a life outside of here.

[Dr. Eckleburg]

So when confronted with evidence that one of the defense attorneys might be called as a witness to the alleged crime, what should the judge have done?

[WaterBoard]

Prosecutors assert that Lynn “colluded” with the priests and archdiocesan leaders “to deceive parishioners so that known child abusers could continue as active and revered priests.”

Yeah, so lets pray for the priests and not their victims.

[buccaneer81]

He should have declared a mistrial.

[E. Pluribus Unum]

So when confronted with evidence that one of the defense attorneys might be called as a witness to the alleged crime, what should the judge have done?

Why wasn't the "evidence" presented in open court by the prosecution?

The judge just introduced hearsay.

And you don't have a problem with that?

[metmom]

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."

Talk about classic knee jerk reaction.

Don't confuse them with the facts. You're an anti-Catholic bigot if you dare do anything they don't like.

[Dr. Eckleburg]

He should have declared a mistrial.

He?"

What a surprise. You apparently didn't read the thread you're commenting on.

[metmom]

Lawyers can be disqualified from a case because of conflict of interest.

If he’s to be a witness in the case, and if he was indeed a former seminarian, he has no business being involved like that.

The judge did the right thing.

There have to be other lawyers around not connected with the case.

[Dr. Eckleburg]

That is exactly what we see on all these threads - prayers for the pederast priests and skepticism for the claims of children and adults whose lives have been destroyed.

When we wonder why the homosexual agenda is permeating our society, we should remember that the RCC intentionally hatches homosexuals.

[Cicero]

This sounds very, very strange to me. The judge and the prosecutor have sat down together and shared all the evidence, but the defense attorneys haven’t seen any of it?

And they want to refuse a preliminary look at the evidence on this basis?

This judge sounds as if she should be removed from the case.