You are still missing the point. Bishop Cummins should have initiated a trial and after a finding of guilt imposed the penalty of loss of the clerical state whether on not Keisle was willing. Rome was not making any ruling on a possible imposition of a penalty by Bishop Cummins. There was no reason for this to go to Rome. Rome's response was to deny a petition for a privilege that would have left Keisle in good standing and relieved him of the demands of celibacy.
As Kiesle’s fate was being weighed in Rome, the priest returned to suburban Pinole to volunteer as a youth minister at St. Joseph Church, where he had served as associate pastor from 1972 to 1975.
Kiesle was ultimately stripped of his priestly powers on Feb. 13, 1987, though the documents do not indicate how or why. They also don't say what role — if any — Ratzinger had in the decision.
Kiesle continued to volunteer with children, according to Maurine Behrend, who worked in the Oakland diocese's youth ministry office in the 1980s. After learning of his history, Behrend complained to church officials. When nothing was done she wrote a letter, which she showed to the AP.
So, it appears the Catholic church DID put this pedophile in a different place—one in which he was a youth minister and later, a youth volunteer, all while "Kiesle's fate was being weighted in Rome". What The Heck? The Diocese had already said that priest had to go and that priest agreed and had filed the paperwork. Wasn't there some sort of program in the Catholic church to consider internal offenses and limit access to kids from convicted pedophiles?