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.

It’s common knowledge that the Catholic Church is the largest “denomination” in the world and in America.

You are wrong yet again.

Protestants have always outnumbered Roman Catholic in this country by more than a two to one margin. But recently even the Protestant denomination of "Evangelicals" has grown larger than the number of Roman Catholics in this country - 26% to 24%...

CATHOLIC TRADITION FADING IN U.S.

"Evangelical Christianity has become the largest religious tradition in this country, supplanting Roman Catholicism, which is slowly bleeding members, according to a survey released yesterday by the Pew Forum on Religion and Public Life.
Evangelical Protestants outnumber Catholics by 26.3 percent (59 million) to 24 percent (54 million) of the population, according to the U.S. Religious Landscape Survey, a massive 45-question poll conducted last summer of more than 35,000 American adults...

So again we find evidence that Roman Catholics just make things up as they go along, perhaps hoping no one will notice.

Some notice.

They'd love to shut down the Church, because it is in the way of both.

You actually think the RCC is the only one speaking out against homosexuality and abortion? LOL! You might want to get out more and not only read press releases from the vatican.

And that being said - I'd say the RCC is speaking with fork tongue - they speak about against homosexuality and yet; harbor those who are committing those crimes and sins. Let's be real - actions speak louder than words and even when the law came after them, they continue to harbor these criminals and exposing children to further abuse.

but the media. In case you haven't noticed, those venues are a hotbed of liberalism,

Hate to break it to you but the media has no problem with homosexuality - they are liberal PC - so they are in the same camp with the RCC.

If you reread my statement, you will see I said the media will belabor ANY report (justified or not).

Once is enough to read your statement and understand it. However, what part of 6 years and silence is belaboring to you? They had the 2005 Grand Jury report and this is 2011 and it's the first we are hearing about it. Six years of silence isn't belaboring it. It's the harboring that's the issue as the 2011 Grand Jury report shows. Shame catholics don't focus on reality of the crime of harboring instead of focusing on what media does - report it.

What happened to innocent until proven guilty?

You tell us - why didn't the PA RCC official take action to prove any innocence in 2005 instead of the need for another Grand Jury in 2011. What happened? Would they cover up innocent priests?

One does not get to be a priest by taking courses at a correspondence divinity school while driving truck, rather it is an involved process taking a few years. The liberals are not beyond fighting a war of attrition to advance their agenda.

LOL! Yeah, they aim is to take down anyone who spent a few years learning. Remember the media reported it after the DA exposed it. Are you including the DA/law in this accusation of advancing their agenda? What about the victims - do you think they didn't get some years of learning - it's only priests? What part of the victims lives have been destroyed that you know nothing about - or how any of them couldn't continue being productive because they were emotionally shattered? But focusing on the years priests put into their careers seems to be an issue for you. How utterly repulsive.

If you knew anything about Catholicism, you would know the sacrament of Reconcilliation, which requires reflection on one's own faults and shortcomings.

I'm fully aware about Catholicism and I am also know that one must repent - turn from their evil ways. What part did these priest reflect on their own sins - after all, they preach it. And, still, did this official and priests come out and admit any guilt in order for any reconciliation? Nope - it continued for six more years and here we are. And you speak about reflecting when the focus should be the reality they deliberately did the opposite.

It is all about personal accountability to God for our actions. Apparently, you know little of that which you demean.

Excuse me? What does this have to do with me and why the need for accusation? Do you have a problem with others pointing out crimes and sins against society? Where was the personal accountability of the official and priests in 2005 and before? Where is your personal accountability? Do you consider finger pointing a form of personal accountability? If you have no problem with evil; so be it. but I and many DO.

Another liberal tactic....Sure is. I had thought the secular humanists were the champions of such tactics, but perhaps I err.

Perhaps you did. Liberals tactics being played out here by catholics is not new - and not rocket science to see it. Victim hood and control by intimidation are liberal tactics. I see prayers for the priests and even other attempts to make it seem - they are in need of something - and nothing about the victims and their horrible experience.

The true victims are basically ignored but the need to protect a church where the evil exists is rampant. And anyone here, along with the media and the law, speaking out against this evil is vilified and said to be BIAS along with derogatory remarks and innuendos, i.e.Apparently, you know little of that which you demean.

The RCC does not take seriously God's Word about offenses against His children with the noose/neck/sea warning. So now they will suffer because of their unbelief in HIS Word.

The price of their unbelief in 'God's Word is The Final Authority' is now in the hands of earthly law. Can't fall much further than that as they claim they aren't even in submission to God's Supernatural Word - as if they were above that, also. So much for the 'holier than thee' crowd - they have a better more complete way. And their pride is their downfall and is richly deserved.

Check post #308 for more of it.

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