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.
But once again we see an attempt to deflect the charges rather than repenting of them.
Again and again and again.
http://www.bishop-accountability.org/Military_Chaplains/
Everyone can read for themselves about these priests. If someone wants these men around their children, let them ask for them. As for most clear-thinking parents, they would prefer these men be kept as far away as possible from families and children.
From the link...
In the military, a sexually abusive priest has a powerful new tool to continue his sexual misconduct – his rank and the authority it gives him over soldiers of lower rank and their families. The Catholic church's cynical and criminal use of the armed forces as a warehouse for sex offending priests is a neglected and important aspect of the sexual abuse crisis. The bishops' practice of not reporting crimes to the police, and of moving priests who molest to unsuspecting parishes, already dishonors the justice system, the people of the parishes, and the priesthood itself. The bishops' use of the military dishonors and the men and women who protect our country, and the families that they are raising. When bishops place priests in the VA system, they must sign a legal document stating that there is no "adverse information" regarding the priest, and a U.S. Attorney found that Bishop William F. Murphy of Rockville Centre provided false information on this form, which is a federal offense. For more details and documents about this case, see the Rev. William J. Scanlan entry below. It is certain that many other bishops have also broken the law in order to place offending priests at VA hospitals. How prevalent is the practice of sheltering in the armed forces priests who sexually offend? Unfortunately, it is very common indeed. The preliminary list on this page provides the names of 95 priests accused of sexual abuse who have worked as military chaplains and/or VA chaplains, with information on their military service and links to articles. Our 95 is a small fraction of the true total. Yet when Archbishop Edwin F. O'Brien of Baltimore, who ran the Archdiocese for the Military Services in 1997-2007, was asked in 2004 to give an account of sexual abuse in his chaplain ranks, he could count only 2 offending priests. Transparency regarding the abuse of military chaplaincies by U.S. bishops and order superiors is long overdue. Below we provide a selection of relevant documents, followed by the list...This page presents a preliminary list of accused priests who have worked as military chaplains and chaplains at Veteran's Administration hospitals. It has been common practice for bishops and superiors of religious orders in the United States to use chaplaincies in the armed forces as a convenient place to send priests who have molested children. As a result, servicemen have been sexually assaulted, the children of soldiers have been abused, and children visiting a parent or relative at a VA hospital have been endangered. A priest's time in the military often ends with a transfer back into a parish, where parishioners know nothing of their new priest's sexual history, and the priest can use his military career in grooming new victims.
Sorry that is not a defense of Pederast priests those are statements of fact regarding sexual abuse and how some are taking advantage of the very real crisis for personal gain.
Everybody’s doing it- I’ve never seen this. Do you mean the reminder that there have been abuse cases in other institutions and that those institutions have also covered up these crimes? Not a defense but a reminder that sexual abuse is not just a Catholic problem.
Victims are out for money. Never seen this in reference to actual victims. But yes there are those who make false accusations in the hopes of a settlement. These are not victims. There are also lawyers who fish for victims. This would be true of any organization that is seen as having deep pockets. Not just the Church. So yes some do take advantage of the real crisis for personal gain. How many? I have no idea.
Unscrupulous Lawyers- see above.
Again none of those statements are a defense of Pederast priests. Try again.
By the way you can write 2 now as I have consistently condemned the abuse and the coverups. As have many Catholics on this forum when addressing this issue.
Again find me a clear statement of defense.
How do you know that? The only support for Corapi has come from one person who works for Corapi's production company; someone who has a financial interest in seeing Corapi exonerated.
But the poor woman who made the allegations better have a thick skin. She's about to be destroyed by Corapi's mafia. God willing, as she asserted in her letter, more women will come forward to tell of their own assault by this priest.
Catholics hang all their hats on numbers.. as if the church with the most members wins.. I would just remind you of the words of Jesus..."Many are called , few are CHOSEN"
I'm not the one running about with hands waving proclaiming to the FR RF that based upon a flawed report of a flawed report of a flawed study, that Catholics are goin' DOWN and that Protestants are goin' UP.
The facts are that the Protestants who still believe in God are hemorrhaging members at an accelerating rate.
Truth is not determined by numbers... ask Christ who heard the crowd yell to crucify him...
Agreed; yet we also have the fact that the VIA of Christ is littered with all those cults and heretical bodies that tried to hijack Christianity and failed. I do not consider Calvin any differently than I would Valentinus or Montanus. I do not consider Zwingli any differently than I would Nestorius or Simon Magus. Is Oneness Pentecostalism of any different level than, say, monophysitism?
The Seventh Ecumenical Council supported the veneration of icons. Should I consider any modern day iconoclast with any other than a non Christian characterization?
In order to be Christian, you must believe the tenets of Christianity. And the children of the Reformation, other than what they have copied from the Church, don't have any.
Yup, we had married Popes. The proscription against married upper clergy took centuries to be established.
We also had some Popes that made Judas Iscariot look downright Christian...
Wrong. He did not whine. He defended himself against allegations which he maintains are false. That is his right and his duty.
What serious accusations. You do know there are no criminal allegations against him? So do you mean serious in a serious accusation against his moral behavior? Do you mean a serious accusation of improper conduct between an employer and employee or between co workers?
I am not in favor of zero tolerance when it comes to non criminal allegations made by an adult against another adult.
When you adopt the methods of the left - proclaiming the conclusion without any supporting evidence, and using references of references of references to somebody else's conclusions and not having any supporting data - then you oughta expect that others will treat you as if you are truly left wing.
Take your inconvenient untruths and give Algore a big smoochy inconvenient kiss.
My response made sense. It only does not make sense if you do not read the individual cases posted on that link.
Are you going to answer my question? You don’ even have to answer it directly. Just post the first 15 case profiles and tell me if what those profiles show match what SNAP is claiming.
I do not know him.. but I have learned this man was a drug abuser and lived a fast life before his "conversion" I also know he make a LOT of money selling his stuff.. and that he got a huge money award from a mal practice suit.. He did not donate that money he maked or won in the law suit...it sits there to tempt him and give him lots os sinful options .. then his appearance is changed..by dying his beard..
From my life experience I know that for addicts the old life often calls back very loudly ...so I do not find this accusation unthinkable..
Could be your nose is plugged up ... I really do not think he would have been suspended unless there was they believed there was some fire in that smoke
The CUNY poll was taken blind - and the opening question was: what do you consider to be your religious affiliation. No inflated rolls, no unknowing babies. Just a direct question as to what the person considered him or herself to be. Their methodology is impeccable and their conclusions true and backed by untainted data.
The facts are obvious. Christianity is held by the Church in the US, not any of the mainstream denominations, and not the individual churches, many of whom are not even identifiable as Christian, given the prose of their representatives here on FR. We follow the Gospel of Christ, not the gospel of Calvin which is unsupported by Christ and only by out of context snippets of Paul and Isaiah.
I hope I am not violating any copyright and this falls under fair use. A review of the cases put forth by SNAP shows a very different picture. I have just taken the first 15 profiles and left out the names. I regard the accused as guilty if credible findings were made even if those finding never rose to the level of being prosecuted by civil authorities. This happend in many cases because of statute of limitations. Any way here goes.
Please tell me the number of priests who were made military chaplains once accusations of abuse were made to the Diocese.
Please tell me the number of priests who were accused while the alleged abuse was occuring and while they were serving as chaplains. Please tell me the number of accusations that came to light years after alleged occurance or actual occurance.
Please tell me the number of priests who were accused of committing abuse during their years as chaplains. Here is the info:
1. alleged abuse of boy 1953-57 from age 7
admitted abuse to victim’s sister in 1992. USAF chaplain 1950-53
2. Accused by survivor in 1993 letter to Bishop Gettelfinger of sexually abusing the boy at age 16 in 1976; Allen admitted the abuse in 1994, was sent for treatment, and was then returned to ministry. Removed again after survivor came forward on 5/5/02. Allen was an Army chaplain 1972-93.
3. Accused in a 2007 police report of raping a 15-year-old girl in 1952 after using alcohol to incapacitate her. Abuse including intercourse allegedly continued through 1954. Baskett was then transferred to a parish now located in the Jefferson City MO diocese. Became Air Force chaplain in 1955
4. Man filed civil suit 3/08 accusing Blazek of sexually abusing him for over a year “during or after 1979.” Suit also mentions abuse of other youngsters. Blazek, although still part of Honolulu Diocese, had been serving as a military chaplain for over 20 years. He retired 6/1/07 and lives in Houston, TX per Catholic
5. Branded one of Michigan’s worst pedophiles by prosecutors. Original complaint in 1968. He “retired” in 1985. Barred from working as a priest in 1993 after admitting in writing that he molested at least 23 boys during his career. Civil suits filed in 1994 (dismissed on limitations) and 1995 (settled). Listed in Directory as on sick leave, but worked as Army chaplain in Hawaii from 1982. Extradited in 2002; pleaded no contest and was sentenced 30 days jail and 5 yrs probation. Laicized 2005.
6. Accused of child sexual abuse; laicization announced July 2005. VA hospital assignment was in Rochester diocese.
7. Accused in a 4/3/02 letter to Bishop Tod Brown of sexually abusing a boy in the Orange diocese 1979-80 starting at age 15. he worked as a Navy chaplain 1980-2000.
8. Accused in 6/22/02 suit of forcing boy to perform oral sex in 1964-65 at age 10-11 in cathedral rectory. Had been Army chaplain 1960-62
9. Began to abuse boys prior to ordination. Criminal charges in DC, Virginia & Maryland re 2 13-yr-old boys. Convicted in all three states. Sentenced to prison for 22 yrs & 15 yrs probation. Abused one child again after he was reported. Mother of 1 youth filed civil suit. Voluntarily laicized. Believed to still be in prison as of 2007. Rejoined Air Force reserves in order to groom a victim; uncertain whether he functioned as chaplain in USAF.
10. At least 5 suits filed 2002. Accused of abuse of girls. Died 1990 or 1991. May have also abused in Ohio prior to arrival in Kentucky
11. Accused in 4/14/03 suit of groping and sodomizing a boy 1980-83, starting at age 15, in the Rockville Centre NY diocese. Some abuse in confessional. Excardinated to Fresno CA diocese and was a Navy chaplain 1983-94. Charleston says it learned of allegation in 6/02; deemed it credible; put Congro on administrative leave in Fall 2002.
12. Personnel file released 12/02. Removed from active ministry 1994 after Archdiocese received a demand letter from attorney for man who said Conte had sexually abused him when he was 11 or 12. He admitted sharing bed with boy and kissing him on lips but denied sexual abuse. Settled 1995 for $150K. Laicization announced 6/05. Also accused of abuse in NH. In Naval Reserves 1975-1986.
13.Accused 1993 of sexually abusing a girl from age 9 to 15, starting in mid-1960s, worked at the Army’s Redstone Arsenal despite restricted status in Paterson.
14. Chaplain in Air Force from 1959 to apparently 1964. Left priesthood in 1971. Woman filed suit 4/03 alleging abuse by Dearing when she was about 10 in 1966-68. Suit settled 6/03 as part of massive diocesan settlement. Criminal charges filed 7/03. He pleaded not guilty. Charges later dismissed after prosecutor said there was “insufficient evidence at this time” to proceed.
15 Sentenced to five years in prison in 1994 after pleading guilty to drugging and molesting two Marines. He was dismissed from the Navy and resigned from the Jesuit religious order. “It was a tremendous failure of moral responsibility on my part as an officer and a priest,” he said.
I included the last to show the cases include crimes against adults. Which are indeed inexcusable but not to the same level of wrong as those against children
The only conceiveable reason that one would look twice at the Pew reference (it is not a study - it refers to somebody else's study) would be if it were believeable (which it is not) or else because one wants and desperately hopes for it to be true.
Look at the CUNY study and the Washington Time reference. There is no possible comparison between them. One is done by leftists with an antiCatholic agenda. The CUNY study was done in pursuit of scientific accuracy and truth. We know which one you are backing.
Thanks, I didn't know. I was a day or two late when I "joined" the thread.
I guess being told to leave the thread doesn't prevent one from sending particularly nasty private mail does it?
Private mail. And it wasn't you. Sorry for the misunderstanding.
People are not saved by their church .. I doupt “most” protestants will be saved. There are folks in protestant churches that think going to church on sunday and living a “good life will get them to heaven just like Catholics..
Mark you really do not understand ...the unsaved will get bored and “drop out”..just like the 75% of RCs that stay in bed on Sundays ..numbers are meaningless..
Father Corapi has taken a vow of personal poverty. As long as he keeps that vow how he disburses the money won in that law suit is not your business or mine. From all I have read he lives a very simple lifestyle.
“but I have learned this man was a drug abuser and lived a fast life before his ‘conversion’” Why the quote marks? Do you have proof he truly does not believe in Christ now or that He is saved by Christ?
Accusations of drug abuse can be substantiated with testing. Also if true I regard this as a medical problem to be dealt with by treatment.
Read the statement regarding his being put on administrative leave. Where it is indeed stated that no one is saying he is guilty of misconduct. Zero tolerance means just that even the most baseless of accusations is given the same credit as ones backed by evidence of guilt.
I like your tactic of assuming guilty till proven innocent. Have you ever been picked for jury duty? I also like your assumption of guilt before seeing if the prepondernace of evidence weighs in the accused or accusers favor.
Well I suspect we will see how poverty stricken he is wont we?
He calls it a conversion ..so I put it in quotes because I do not believe most Catholics have been truly converted
One thing the Rc church has been very good at is making victims look like the perps ...that is why moving a priest might “cure” him
“I guess being told to leave the thread doesn’t prevent one from sending particularly nasty private mail does it?”
Probably an honest misunderstanding. He probably thought you were using this thread to attack him where he can’t respond.
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