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

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."

"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.

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

"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."

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.

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.

So you are working at attaining your own righteousness with God's help?

Negative; I am trying to follow Paul's admonition to imitate Christ (and failing admittedly). Here is what I believe that I will be Judged on (in no particular order):

John 15: 9 As the Father loves me, so I also love you. Remain in my love. 10 If you keep my commandments, you will remain in my love, just as I have kept my Father's commandments and remain in his love. 11 "I have told you this so that my joy may be in you and your joy may be complete. 12 This is my commandment: love one another as I love you.

Matthew 22: 36 "Teacher, 21 which commandment in the law is the greatest?" 37 He said to him, 22 "You shall love the Lord, your God, with all your heart, with all your soul, and with all your mind. 38 This is the greatest and the first commandment. 39 The second is like it: 23 You shall love your neighbor as yourself.

Mark 11: 22 Jesus said to them in reply, "Have faith in God. 23 Amen, I say to you, whoever says to this mountain, 'Be lifted up and thrown into the sea,' and does not doubt in his heart but believes that what he says will happen, it shall be done for him. 24 Therefore I tell you, all that you ask for in prayer, believe that you will receive it and it shall be yours. 25 When you stand to pray, forgive anyone against whom you have a grievance, so that your heavenly Father may in turn forgive you your transgressions."

John 3: 1 1 Now there was a Pharisee named Nicodemus, a ruler of the Jews. 2 2 He came to Jesus at night and said to him, "Rabbi, we know that you are a teacher who has come from God, for no one can do these signs that you are doing unless God is with him." 3 Jesus answered and said to him, "Amen, amen, I say to you, no one can see the kingdom of God without being born 3 from above." 4 Nicodemus said to him, "How can a person once grown old be born again? Surely he cannot reenter his mother's womb and be born again, can he?" 5 Jesus answered, "Amen, amen, I say to you, no one can enter the kingdom of God without being born of water and Spirit. 6 What is born of flesh is flesh and what is born of spirit is spirit. 7 Do not be amazed that I told you, 'You must be born from above.' 8 The wind 4 blows where it wills, and you can hear the sound it makes, but you do not know where it comes from or where it goes; so it is with everyone who is born of the Spirit." 9 Nicodemus answered and said to him, "How can this happen?" 10 Jesus answered and said to him, "You are the teacher of Israel and you do not understand this? 11 Amen, amen, I say to you, we speak of what we know and we testify to what we have seen, but you people do not accept our testimony. 12 If I tell you about earthly things and you do not believe, how will you believe if I tell you about heavenly things? 13 No one has gone up to heaven except the one who has come down from heaven, the Son of Man. 14 And just as Moses lifted up 5 the serpent in the desert, so must the Son of Man be lifted up, 15 6 so that everyone who believes in him may have eternal life."

Matthew 5: 14 You are the light of the world. A city set on a mountain cannot be hidden. 15 Nor do they light a lamp and then put it under a bushel basket; it is set on a lampstand, where it gives light to all in the house. 16 Just so, your light must shine before others, that they may see your good deeds and glorify your heavenly Father.

Matthew 5: 38 25 "You have heard that it was said, 'An eye for an eye and a tooth for a tooth.' 39 But I say to you, offer no resistance to one who is evil. When someone strikes you on (your) right cheek, turn the other one to him as well. 40 If anyone wants to go to law with you over your tunic, hand him your cloak as well. 41 Should anyone press you into service for one mile, 26 go with him for two miles. 42 Give to the one who asks of you, and do not turn your back on one who wants to borrow. 43 27 "You have heard that it was said, 'You shall love your neighbor and hate your enemy.' 44 But I say to you, love your enemies, and pray for those who persecute you, 45 that you may be children of your heavenly Father, for he makes his sun rise on the bad and the good, and causes rain to fall on the just and the unjust. 46 For if you love those who love you, what recompense will you have? Do not the tax collectors 28 do the same? 47 And if you greet your brothers only, what is unusual about that? Do not the pagans do the same? 29 48 So be perfect, 30 just as your heavenly Father is perfect.

Matthew 6: 1 1 "(But) take care not to perform righteous deeds in order that people may see them; otherwise, you will have no recompense from your heavenly Father. 2 When you give alms, do not blow a trumpet before you, as the hypocrites 2 do in the synagogues and in the streets to win the praise of others. Amen, I say to you, they have received their reward. 3 But when you give alms, do not let your left hand know what your right is doing, 4 so that your almsgiving may be secret. And your Father who sees in secret will repay you. 5 "When you pray, do not be like the hypocrites, who love to stand and pray in the synagogues and on street corners so that others may see them. Amen, I say to you, they have received their reward. 6 But when you pray, go to your inner room, close the door, and pray to your Father in secret. And your Father who sees in secret will repay you.

Romans 10: 8 But what does it say? "The word is near you, in your mouth and in your heart" (that is, the word of faith that we preach), 9 for, if you confess 5 with your mouth that Jesus is Lord and believe in your heart that God raised him from the dead, you will be saved. 10 For one believes with the heart and so is justified, and one confesses with the mouth and so is saved. 11 For the scripture says, "No one who believes in him will be put to shame." 12 For there is no distinction between Jew and Greek; the same Lord is Lord of all, enriching all who call upon him. 13 For "everyone who calls on the name of the Lord will be saved." 14 6 But how can they call on him in whom they have not believed? And how can they believe in him of whom they have not heard? And how can they hear without someone to preach? 15 And how can people preach unless they are sent? As it is written, "How beautiful are the feet of those who bring (the) good news!" 7

All of these and more is required of Christians who would be saved by Jesus to eternal salvation. It is not just a matter of deeds or a matter of saying with your lips. It is the whole, entire thing.

Matthew 5 and Matthew 25 are key and close to the heart of Christianity as taught by Christ:

Matthew 25:31 14 "When the Son of Man comes in his glory, and all the angels with him, he will sit upon his glorious throne, 32 and all the nations 15 will be assembled before him. And he will separate them one from another, as a shepherd separates the sheep from the goats. 33 He will place the sheep on his right and the goats on his left. 34 Then the king will say to those on his right, 'Come, you who are blessed by my Father. Inherit the kingdom prepared for you from the foundation of the world. 35 For I was hungry and you gave me food, I was thirsty and you gave me drink, a stranger and you welcomed me, 36 naked and you clothed me, ill and you cared for me, in prison and you visited me.' 37 Then the righteous 16 will answer him and say, 'Lord, when did we see you hungry and feed you, or thirsty and give you drink? 38 When did we see you a stranger and welcome you, or naked and clothe you? 39 When did we see you ill or in prison, and visit you?' 40 And the king will say to them in reply, 'Amen, I say to you, whatever you did for one of these least brothers of mine, you did for me.' 41 17 Then he will say to those on his left, 'Depart from me, you accursed, into the eternal fire prepared for the devil and his angels. 42 For I was hungry and you gave me no food, I was thirsty and you gave me no drink, 43 a stranger and you gave me no welcome, naked and you gave me no clothing, ill and in prison, and you did not care for me.' 44 18 Then they will answer and say, 'Lord, when did we see you hungry or thirsty or a stranger or naked or ill or in prison, and not minister to your needs?' 45 He will answer them, 'Amen, I say to you, what you did not do for one of these least ones, you did not do for me.' 46 And these will go off to eternal punishment, but the righteous to eternal life."

How can one aspire to eternal salvation if they do not heed these words of Jesus? All this and more. This does not encompass all of Christian beliefs, but is a good portion of them.

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