Showing posts with label institutional abuse. Show all posts
Showing posts with label institutional abuse. Show all posts

12 Jun 2011

US 1st Amendment was not intended to protect crimes but religious institutions say it gives them the right to protect child abusers



Huffington Post   -   June 11, 2011

Churches Use 'Free Exercise' Defense To Block Abuse Cases

By Cecile S. Holmes  |  Religion News Service




(RNS) Jeremiah Scott was 11 when the abuse and molestation began in 1990 at the hands of an elder in his Mormon church in Portland, Ore. After the man died in 1995, Scott's mother sued the church in 1998 for putting her son at risk.

His mother said when she reported the abuse of Brother Frank Curtis to church authorities, she was told they already knew about it. Digging deeper, her attorneys discovered molestation claims against Curtis that stretched across state lines and went back decades.

But the church employed a unique legal defense: As a religious institution, church leaders said they were protected by the First Amendment's separation of church and state from having to surrender personnel files, victims' complaints or other documents.

Attorneys representing the Church of Jesus Christ of Latter-day Saints argued its records were protected by clergy-penitent privilege and the First Amendment's protection of the "free exercise" of religion.

Though the case was eventually settled in 2001, journalist Lisa Davis says the case represents a profound misuse -- and misunderstanding -- of the freedoms afforded to religious institutions under the Constitution.

And while a $3 million settlement may have ended the case for Scott and Curtis, it did not resolve the sticky First Amendment issues, Davis argues in her recent book, "The Sins of Brother Curtis."

"Everything was a fight in the case," said Davis, who teaches journalism at Santa Clara University and who has written for media outlets in Phoenix and San Francisco.

"Most states have a provision for clergy confidentiality. The idea being that we want to allow people to unburden themselves to their religious leader. It's designed for a confessional situation. It's not designed for a person coming to any church leader saying I'm worried about my child."

Legal scholars say that nearly 10 years after the Catholic abuse scandal highlighted the depth and breadth of the abuse of minors, the lines of authority between church and state remain murky when it comes to criminal acts.

"As important as the constitutional grounding is, there is rarely a complete prohibition for wrongs committed within the four corners of the church," says Brent Walker, an attorney and head of the Baptist Joint Committee for Religious Liberty.

Legal scholars say church bodies -- from Catholic dioceses to entire denominations -- often try to use the First Amendment to block victims' attorneys from accessing internal documents. In a case now headed for the U.S. Supreme Court, a religious school has tried to use the First Amendment to stave off an employment discrimination suit filed by a teacher.

"There hasn't been much written about these First Amendment issues because the focus has been on the victims and the abuse," said Marci Hamilton, legal scholar at New York's Benjamin Cardozo School of Law at Yeshiva University.

Church attorneys tried to use the First Amendment to block prosecutors in several ways as the Catholic clergy sex abuse web unwound, said Leslie Griffin, a professor of constitutional law at the University of Houston.

"There were claims that a lot of the documents were protected and then we go into litigation," Griffin said. "Their reading of the First Amendment is that it allows no government interference of religion, no government intrusion, no government review."

In the Curtis case, other legal arguments emerged around the idea of redemption -- an idea that is as central to religious teaching as private confessions made between a priest and his bishop.

"Frank Curtis had been found out (as a molester) in the 1980s and had been excommunicated by the church when it was found out," Davis said. "But he went through a process of repentance and was re-baptized."

That redemption process again gave Curtis access to children as a Sunday school teacher and Scout leader. In court, LDS lawyers said the church had a constitutionally protected right to believe in Curtis' redemption.

"This became known as the clean slate argument. The idea was he had emerged after baptism with a clean slate," Davis said.

Citizens are free to believe whatever they like, Davis said, but actions are governed by the law. And while the Constitution protects belief, and sometimes practice, it does not protect criminal actions.

One question that courts will have to wrestle with, scholars say, is whether putting someone in a position of authority is an extension of belief. Up until about 20 years ago, most states assumed the First Amendment barred anyone from bringing a claim against clergy, said Hamilton, the New York scholar.

"That theory was ... you could not go after the church because of one bad apple," she said. "But the more we've learned about clergy abuse cases, the more we're learning about the role the churches have played in covering up abuse and furthering that abuse."

"As the courts have become more educated, they have come to understand that religious institutions have to be held liable, and that the First Amendment was never intended as a protection for this kind of behavior."

This article was found at:



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USA Today - June 10, 2011

Catholic bishops to take second look at abuse reforms

By Daniel Burke, Religion News Service




(RNS) A review of church sex abuse guidelines will top the agenda when the nation's Roman Catholic bishops meet in Seattle next week (June 15-17). But no major changes have been proposed, according to church leaders, even after several recent reports have raised questions about the rules' power to remove abusive priests.

The stakes at the Seattle meeting will be high, as the bishops struggle to recover their moral authority and end the worst crisis in modern church history.

The U.S. church has spent more than $2 billion on sex abuse settlements, "safe environment" training for staff, and two sweeping studies that sought to explain the causes and context of a scandal that has claimed 15,700 victims since 1950.

The Seattle assembly will also provide a leadership test for Archbishop Timothy Dolan of New York, who will guide nearly 200 U.S. bishops in his first meeting as president of the U.S. Conference of Catholic Bishops.

In addition to reviewing the sexual abuse guidelines, the bishops will vote on a document that denounces physician-assisted suicide and hear a report on Anglicans who wish to convert to Catholicism using a new church structure.

The sex abuse guidelines, however, are expected to dominate public sessions and private conversations during the three-day meeting.

Even as the bishops attempt to move past the scandal, advocates for victims of sexual abuse and some lay Catholics say recent reports of lapses by bishops in Pennsylvania, Missouri and New Mexico prove that serious gaps mar church rules.

"In three dioceses now, there appear to be loopholes that are being exploited by bishops who appear to be gaming the system," said Nicholas Cafardi, a leading expert on canon law and former adviser to the bishops.

Cafardi and others hope the bishops close those loopholes in Seattle, but a draft proposal provided by the bishops' conference contains no such revisions.

In Philadelphia, a grand jury report released in February accused church officials of keeping 37 priests in active ministry, despite accusations of improper sexual acts with minors. The archdiocese later suspended 26 priests and has mounted an internal investigation.

Kansas City Bishop Robert Finn has apologized for failing to remove a priest from ministry despite a warning from church officials. The priest was arrested in May on child pornography charges. The diocese appointed a former U.S. attorney on Thursday to investigate its sexual abuse policies.

In Gallup, N.M., a lay review board has never met with Bishop James S. Wall during his two years in the diocese, according to the Gallup Independent, a local newspaper.

Together, the U.S. bishops passed two sets of guidelines in 2002, as the clergy sexual abuse scandal erupted in Boston and spread to nearly every diocese in the country.

The Charter for the Protection of Children and Young People is essentially a set of promises from the bishops to their church. The "Essential Norms" for dealing with allegations of sexual abuse of minors by clergy are Vatican-approved rules that have the force of church law.

Neither requires substantial revisions at this time, said Bishop Blase Cupich of Spokane, Wash., chairman of the bishops' Committee on the Protection of Children and Young People.

"The charter is working," Cupich said. "We had seven (sexual abuse) allegations that were deemed credible in 2010, out of a church of 65 million Catholics. I think it's working."

Cupich also said it would be rash to revise church rules before the internal investigation in Philadelphia is complete.

"The charter has an iconic status for us. We want to protect its integrity. We are going to be very slow in changing it without having the full picture in a given situation," the bishop said.

Cafardi agreed that the charter and norms have been effective.

"I think they have done a wonderful service to the church in greatly reducing the number of instances of child sexual abuse by priests," he said. "But we know by instances in three dioceses that there are some gaps that it would not hurt to close."

According to a draft of proposed revisions that will be debated in Seattle, the bishops plan to change the policies to bring them into accord with Vatican norms issued in 2010. Those norms equate abusing persons with mental disabilities with child abuse, and make the acquisition, possession, or distribution of child pornography a church crime.

Victims' advocates and canon law experts say the bishops should go further, arguing that church rules will remain ineffective unless they contain penalties for breaking them.

"This isn't a real set of laws, these are procedures that are honored more in the breach than in the observance," said Terence McKiernan, president of BishopAccountability.org, a watchdog website.

"If I was a bishop, I would treat Philadelphia as an alarm. This is one of the largest, most significant dioceses in the country, which clearly ignored the policy," he said.

Church rules also suggest that bishops report all abuse accusations to diocesan review boards composed of lay Catholics. Board members in Philadelphia and Kansas City have said they did not learn of accusations until they were published in the media.


This article was found at:



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Catholic clergy abuse review boards made ineffective by bishops who hide cases from them



National Catholic Reporter - June 11, 2011

What's a review board to do?


By Joshua J. McElwee


Catholics in Kansas City, Mo., learned in May something that Nicholas Cafardi has known for some time: “A review board” -- the confidential consultative body each bishop is supposed to have for advice on cases of sexual abuse by clergy -- “is only as good as the cases a bishop puts before them.”

And the bishops have “a bit of wiggle room” about when the review boards are to be used, said Cafardi, who was a member of the original National Review Board established by the U.S. bishops in 2002.

Jim Caccamo, who serves on the review board of the Kansas City-St. Joseph diocese, told NCR that he knew nothing about Fr. Shawn Ratigan, the priest arrested on child pornography charges, until he read about it in the newspaper, even though Finn had removed the priest from parish ministry in December.

Finn acknowledged at a press conference May 27 that he did not inform his diocesan review board of the concerns presented about Ratigan. His spokeswoman, Rebecca Summers, explained that the bishops’ 2002 charter says diocesan review boards should be convened only “when you have a specific allegation of abuse” by a priest or other person in diocesan ministry.

“We did not have that,” Summers said. “The charter did not address a situation such as this.”

Yet the associate director of the U.S. bishops’ Office of Child and Youth Protection told NCR that while child pornography is not specifically mentioned in the 2002 charter, it is covered in it as a “violation against the sixth commandment.”

“If anybody’s in possession of it or knows somebody in possession of it, it needs to be reported,” said Mary Jane Doerr, who said she did not have information on the specifics of the Kansas City case.

At the May 27 press conference, Finn said that he had asked the board, as a result of this case, to “expand its role in receiving and evaluating reports of misconduct with children.”

In February, Ana Maria Catanzaro, chair of the Philadelphia archdiocese’s review board, also learned that archdiocesan officials had been selective in the cases they had presented to the board. She learned this from a grand jury report that said 37 priests were in ministry in that archdiocese despite credible allegations of abuse.

Following that report, the former secretary of clergy in the archdiocese was arrested for failing to protect children from dangerous priests. Cardinal Justin Rigali also placed 21 other priests on administrative leave March 8 pending review of allegations of abuse.

Writing about the experience in Commonweal, Catanzaro said the Philadelphia board “had been advised only about allegations previously determined by archdiocesan officials to have involved the sexual abuse of a minor -- a determination we had been under the impression was ours to make.”

According to Cafardi, while the U.S. bishops’ 2002 Charter for the Protection of Children and Young People mandates that each diocese have a review board to act “as a confidential consultative body to the bishop,” the charter only specifies that the functions of the individual boards “may” include advising the bishop, reviewing diocesan policies, and offering advice on cases of sexual abuse by clergy.

That language, said Cafardi, is what gives the bishops that “bit of wiggle room.” But Cafardi quickly added: “It seems to me if [a bishop] sets up a board and gives it this task, he can’t change the task midstream.”

Cafardi is a canon and civil lawyer and dean emeritus of Duquesne University School of Law in Pittsburgh.

“A review board is only as good as the cases a bishop puts before them,” he said. “The point of the review boards was that the bishops realized that their own judgment in these matters may not be sufficient. They’re to help the bishop. You can’t help somebody who doesn’t ask for your help.”

Beyond questions of the review board structure, Finn’s delay in notifying others about Ratigan’s troubles may have also violated norms in canon law, Cafardi said.

Changes made in May 2010 to the apostolic letter Sacramentorum Sanctitatis Tutela identified “the acquisition, possession, or distribution by a cleric of pornographic images of minors under the age of fourteen” as a “grave offense” subject to the Vatican’s Congregation for the Doctrine of the Faith.

That means, Cafardi said, that as soon as Finn had knowledge of the material on the priest’s computer “he was supposed to notify” that congregation.

“I wonder if he did that,” Cafardi said.

This article was found at:



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10 Jun 2011

Catholic reform groups hold conference in Detroit, Archbishop warns priests who attend could be defrocked



Detroit Free Press   -  June 8, 2011

Liberal Catholics pushing changes in the church to gather in Detroit

BY NIRAJ WARIKOO | DETROIT FREE PRESS STAFF WRITER



Calling for more democracy within the Catholic Church, liberal Catholics from around the world are coming to Detroit this weekend for a conference to help revitalize what they say is an archaic institution in need of reform.

Sponsored by the American Catholic Council, an organization of 30 Catholic reform groups across the U.S., the conference is three years in the making and comes on the 35th anniversary of a gathering in Detroit to talk about church reforms led by then-Cardinal John Dearden, the former archbishop of Detroit.

The conference is expected to call for more democratic decision-making in the church and the possibility of allowing women into the priesthood, as well as married priests. More than 1,800 have already registered, organizers say.

The council wants to "engage all Catholics in the United States in a dialogue about what the problems of the church are," said co-organizer John Hushon, a Catholic attorney from Florida.

But Catholic leaders warn that the gathering at Cobo Center is not sanctioned by the church, as the 1976 event was. So they're supporting a conference in Livonia for conservative Catholics planned for the same weekend.

In a letter sent Friday to local priests and deacons, Archbishop of Detroit Allen Vigneron cautioned Catholics to stay away. In particular, he warned clergy not to attend a Sunday mass at Cobo, saying that anyone involved could be defrocked.

Dueling events show schism

Two competing visions of the Catholic Church's future will play out in metro Detroit this weekend with separate conferences -- one liberal, the other conservative -- that are expected to draw thousands.

The liberal one, sponsored by the American Catholic Council, is set to be one of the biggest gatherings of left-leaning Catholics in years, a three-day event that will attract high-profile critics of the church and about 2,000 Catholics from around the world to Detroit.

At the same time, the Archdiocese of Detroit is supporting a more conservative conference in Livonia, which will feature speakers who will critique the American Catholic Council's vision and explain the church's views.

In a letter sent Friday to local priests, Archbishop of Detroit Allen Vigneron revealed the tensions the conference is causing.

Vigneron said he made "attempts to engage in a dialogue with (the American Catholic Council) about this planned event," but "the organizers of this conference have not replied to me directly."

He cautioned Catholics, especially priests, to stay away from the conference, saying the council may have a mass that violates church teachings. Also, the archdiocese released a detailed critique this week that says the council's gathering contradicts church beliefs.

Council organizers said they will not violate church policies.

The competing conferences come at a time of growing concern about people leaving the Catholic Church. Almost one of three people raised as Catholic in the U.S. have left the church, according to a 2008 study by the Pew Forum on Religion and Public Life. Catholics have experienced the greatest percentage-point loss of members of any major religion or denomination.

Both sides agree there's a problem, but they disagree on the solution. At the heart of the conflict is this question: What does it mean to be Catholic in the 21st Century?

The council is pushing for lay people to have a greater say in church decision-making, which is often top-down. And many are calling for women, gay and non-celibate priests, along with more of an emphasis on social justice issues rather than abortion or anti-birth control efforts. On Sunday, it plans to endorse a 10-point list of rights and responsibilities for Catholics.

Kathy Chateau, 54, of St. Clair Shores will be at the liberal conference in Detroit because she said she's fed up with the church's views on women and what she calls its lack of accountability over issues such as child abuse.

"The hierarchy of the church treats us like children, saying we can't discuss things, that things are off-limits," Chateau said. "But as adults, we have to be able to discuss things, we have to be able to talk about every issue."

Diane Korzeniewski, 49, of Warren supports the Livonia conference, saying that the council's members are not really acting as Catholics.

"The American Catholic Council ... is using the Catholic name in a disingenuous way ... with open dissent from authentic Catholic teaching," said Korzeniewski, who blogs on Catholicism at http://te-deum.blogspot.com . "The American Catholic Council can't redefine Catholicism."

Deborah Bloomfield, 60, of Wyandotte, one of the organizers of the Livonia conference, said that many in the council appear to be uninformed about the Catholic Church's teachings. She said they "want to undermine" the Catholic faith.

"They want the Catholic Church to change," she said. "But truth doesn't change."

Others say the church needs to change to survive.

Matt Jatczak, 31, of Livonia, head of the metro Detroit chapter of the Survivors Network of those Abused by Priests (SNAP), will be at the American Catholic Council's conference, calling for the Catholic Church's leadership to be more open about child abuse by priests.

Jatczak wants local Catholic leaders to stop blocking proposed legislation in Lansing that would change the statutes of limitations for abuse claims. Catholic officials say the bill would be a radical departure from established policies, cause financial problems and be unfair because it doesn't target governments.

"In order for the church to retain their current credibility, they must do a far better job," Jatczak said.

****

Copy of letter sent Friday by Archbishop of Detroit Allen Vigneron warning priests and deacons to stay away from a liberal conference in Detroit held by the American Catholic Council. If priests attend the Council’s Sunday mass, they could be defrocked, Vigneon writes.

My dear brother priests and deacons,

As you may be aware, a group calling itself the American Catholic Council will be meeting at Cobo Hall on the weekend of June 11 and 12. Despite my attempts to engage in a dialogue with them about this planned event, the organizers of this conference have not replied to me directly. I have a number of concerns about this event and caution any Catholic against participating for reasons expressed already in previous communications sent by the Archdiocese.

Of particular concern is the "Eucharistic Liturgy," noted on the schedule for this conference on Pentecost Sunday, June 12. The Fathers of the Second Vatican Council instruct us, "Every legitimate celebration of the Eucharist is regulated by the bishop, to whom is committed the office of offering the worship of the Christian religion to the divine Majesty and of administering it in accordance with the Lord's commandments and with the Church's laws, as further defined by his particular judgment for his diocese." (Lumen Gentium, 26). I take my role as moderator of the liturgy for the archdiocese (Sacrosanctum Concilium, 22) very seriously. To confirm the legitimacy of what they had planned, the ACC had been asked to provide details regarding this liturgy. The response received was ambiguous, and there are good reasons for believing forbidden concelebration will take place by the laity and with those not in full communion with the Church.

In order to fulfill my responsibilities, so clearly enunciated by the Second Vatican Council, of fostering of communion with both the local and the universal Church, I am compelled to caution any priests or deacons who may be considering participation in this liturgy. It is not being celebrated with my permission as required by the law and the good order of the People of God. Further, clergy should be aware of the impact of forbidden concelebration with those who are not in full communion (canons 908 and 1365). This is a serious delict, for which recourse to the Congregation for the Doctrine of the Faith is required, and which may result in dismissal from the clerical state (cf. Sacramentorum Sanctitatis Tutela, 2001 and 2010).

I ask that you pray with me for the unity of the Church. As we commemorate the outpouring of the Holy Spirit upon the Apostles and the Blessed Virgin in this upcoming Solemnity, may the Holy Spirit come afresh on all of us, keeping us united in the love of God and keeping our attention and energies focused on the task of sharing Christ in and through His Church.

Sincerely yours in Christ,

The Most Reverend

***
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National Catholic Reporter -  June 11, 2011

Hans Kung urges peaceful revolution against Roman absolutism

'few people realize how powerful the pope is,' Kung said

By Jerry Filteau



DETROIT -- Famed theologian Fr. Hans Kung has called for a “peaceful” revolution by world Catholics against the absolutism of papal power.

He made the call in a video message June 10, the first evening of a conference in Detroit of the American Catholic Council.

“I think few people realize how powerful the pope is,” Kung said, likening papal power today to the absolute power of French monarchs that the French people revolted against in 1789.

“We have to change an absolutist system without the French Revolution,” he said. “We have to have peaceful change.”

Kung, who was perhaps the most famous of the theological experts at the Second Vatican Council nearly 50 years ago, was born in Switzerland but spent most of his life teaching at the University of Tubingen, Germany.

Now 83, Kung is ecumenical professor emeritus at Tubingen and rarely travels for health reasons, so his message to the ACC was delivered in the form of a half-hour videotaped interview with American theologian Anthony T. Padovano, conducted last year at Kung’s home.

John Hushon, co-chairman of the ACC, said the conference, being held June 10-12 at Detroit’s Cobo Hall had more than 1,800 registered participants, from at least 44 states and 13 foreign countries.

In the interview with Kung, played on two giant screens in one of the convention center’s main rooms, the theologian predicted change in the church despite resistance from Rome. Vatican II “was a great success, but only 50 percent, he said.

On the one hand, he said, many reforms were realized, including renewal in the liturgy, a new appreciation of Scripture, and other significant changes such as recognition of the importance of the laity and the local church and various changes in church discipline.

“Unfortunately the council was not allowed to speak about the question of celibacy, about the question of birth control and contraception. Of course, ordination of women was far away from all the discussions,” he said.

“Many documents of the council are ambivalent documents because the Rome machinery -- the Roman Curia -- was able to stop any movement of reform, to stop it not completely, but half way.”

“What also I did not expect,” he added, was “that we could have such a restoration movement as under the Polish pope, and the German pope now.”

When asked what reasons he had for hope of reform in the church today, he answered that hope today is “sometimes a little difficult” in the face of a restorationist hierarchy, but “the world is moving on, going ahead, with or without the church” and “I believe the Gospel of Jesus Christ is stronger than the hierarchy.”

Referring to current crises in the church -- clerical sexual abuse of minors, the shortage of priests, alienation of women and youth -- he said, “Humanity learns most by suffering” -- whether in the church or in the recent U.S. economic crisis. Even though many economists and others saw the economic meltdown coming, “it was not possible to have a law in Congress before the catastrophe,” he said.

He said he thinks at least some Vatican officials are similarly recognizing that change is needed in the church.

“If we do not learn now, we have to suffer more -- more priests will be leaving, more parishes will be without pastors, more churches will be empty” and more young people and women will leave the church or dissociate internally from it, he said. “All these are indications, I think, that we have to change now.”

Chief sponsors the American Catholic Council are three independent Catholic groups seeking changes in the church: Voice of the Faithful, CORPUS and FutureChurch.

Hushon said when the ACC was formed three years ago it sought to create a “big tent dialogue among all” sectors of the U.S. church, independent of partisan or ideological lines, but “group after group, bishop after archbishop, said no, or ignored us.”

The divide was highlighted last October when Archbishop Allen Vigneron of Detroit warned his priests and people against participating in the ACC conference.

It was exacerbated further June 3 when Vigneron threatened to laicize any priest or deacon who participated in the ACC closing liturgy Pentecost Sunday, June 12, saying, “There are good reasons for believing forbidden concelebration will take place by the laity and with those not in full communion with the church.”

In a pre-meeting exchange with NCR Hushon denied the claim and documented it with correspondence in which the ACC told the archdiocese that “there will be only one presider, a priest in good standing.”

The ACC chose Cobo Hall as its venue because this year is the 35th anniversary of the bicentennial Call to Action conference, a national gathering of Catholic laity sponsored by the U.S. bishops, was held there, with Detroit’s Cardinal John Dearden as presider and host.

The 1976 conference, despite its flaws, has been credited with providing groundwork for and impetus to the bishops’ economic and peace pastorals in the 1980s as well as greater attention to racism, minorities, family life, people with disabilities, respect for human life and a wide range of other pastoral and social justice initiatives developed nationally or in dioceses in the ensuing years.

[Jerry Filteau, NCR Washington correspondent, is covering the Detroit meeting. Watch NCRonline.org for updates.]

This article was found at:




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9 Jun 2011

Ontario Catholic priest who sexually assaulted his students for three decades sentenced to just two years



Toronto Star   -  Canada     June 9, 2011

Priest who taught at St. Michael’s College sentenced to 2 years for sex abuse

by Mary Ormsby  | Feature Writer




The Roman Catholic priest who routinely pulled boys out of class to sexually assault them at schools where he taught was sentenced to two years in prison on Thursday.

Rev. William Hodgson Marshall, 88, was led out of a Windsor courtroom after Ontario Court Justice Lloyd Dean also placed him on probation for three years, ordered that he report to police to be placed on the national sex offender registry and give a DNA sample.

Marshall, who taught at Toronto’s St. Michael’s College School in the 1950s, pleaded guilty to indecently assaulting 16 children — 15 boys and one girl — during his decades-long teaching career across Ontario. Four of the victims are from Toronto, at least one a former St. Mike’s student. There are six each from Sudbury and Windsor.

The earliest charge dates back to 1953, the later ones from the 1980s.

Most of the retired priest’s victims were students at all-boys’ high schools run by the Congregation of St. Basil, a Roman Catholic order of teaching priests. The Basilian fathers operate St. Mike’s, where at least one victim was assaulted in a private room at the school.

[read victim impact statement below]

This article was found at:


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Toronto Star  -  June 8, 2011

Toronto priest pleads guilty to molesting children

by Mary Ormsby  |  Feature Writer



William Hodgson Marshall entered a Windsor courtroom Wednesday morning as a Roman Catholic priest, a championship basketball coach and a teacher of young men for half a century.

The 88-year-old left that afternoon as a criminal, an admitted sexual abuser of children — some of them former students, at least one the son of close friends — after pleading guilty to indecently assaulting 15 boys and one girl during his teaching career in Windsor, Toronto and Sudbury. He will be sentenced Thursday.

[read victim impact statement below]

The earliest charge dates back to 1953, the later ones from the 1980s.

Four victims are from Toronto, at least one of them a student at St. Michael’s College School in the 1950s where Marshall taught mathematics and coached basketball. There are six victims from both Sudbury and Windsor.

Most of Marshall’s victims were students at all-boys’ high schools run by the congregation of St. Basil’s, a Roman Catholic order of teaching priests. The Basilian Fathers, as the priests are more commonly known, operate St. Mike’s.

Windsor crown attorney Walter Costa said it was a “difficult, emotional day” with the reading of all the victim impact statements. But he hopes it was a cathartic experience.

“Now that (the victims) have been vindicated, hopefully that will give them the power and ability to enjoy themselves moving forward and not have to carry that secret burden any more.’’

A joint sentencing submission from the crown and Marshall’s lawyer Andrew Bradie requests a two-year prison term, three years probation and an order to report to the sexual offender information registry and provide a DNA sample.

The Basilians issued a statement from spokesperson Rev. Timothy Scott that read in part:

“The Basilian Fathers wish to express our deep shame that one of our members has acted this way. These criminal acts against children are a violation of our religious vows and are grievously sinful ... This should never have happened.”

Marshall’s decades-long string of sexual assaults on children went unreported for nearly 60 years until a 43-year-old Windsor man complained to police in May of 2010.

The retired priest’s long pattern of abuse raises questions about how Marshall was able to operate so brazenly, particularly since he routinely preyed on students during school hours.

“A perfect storm of factors” allows this to happen, said David Clohessy, the national director of U.S.-based non-profit group SNAP — Survivors Network of those Abused by Priests. He said a church with a history of protecting offenders and a priest’s criminal guile help cloak molesters from outsiders’ scrutiny.

“You’ve got an amazingly shrewd and cunning predator. You’ve got savvy, secretive, powerful church officials. You’ve got timid lay people trained not to question the church hierarchy and I think you’ve got somewhat timid and passive law enforcement,’’ Clohessy said in an interview this week.

Clohessy has followed the Marshall case closely and said it’s unlikely the priest’s victim count was only 16.

“For every one victim who finds the courage, strength and ability to speak up, I think there are easily 10 to 20 more who can’t and won’t,’’ Clohessy said.

Marshall, who is battling skin cancer, worked at Windsor’s Assumption College and St. Mike’s in the 1950s. He then moved to Sudbury’s St. Charles College, where he worked for nearly two decades. His next stop was as principal at St. Mary’s College in Sault Ste. Marie before returning to Windsor in 1985. There, he was the founding principal of Holy Names.

Marshall remains a priest. He has not been laicized (defrocked) and there appears no move to initiate that process with the Vatican, which oversees expulsions.

This article was found at:


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Toronto Star  -  June 8, 2011

One victim’s lament

This is a victim impact statement read in court on Wednesday


I was sexually abused when I was 13 years old by YOU, Hod Marshall — Catholic school principal, Basilian priest, family friend and my own sponsor for Confirmation. You called me your Godson.

When you decided to start getting into my bed, repeatedly, and violating me — you violated everything I had been taught and everything I believed in. You violated my trust, my faith, my self-respect, and my innocence. In many ways you destroyed parts of my life that were yet to be, and because of you, never have been. Before I had ever even kissed a girl I had a grown man in my bed pulling my pants down, whispering in my ear, telling me lies. I’d like to tell you what happened when you destroyed my confidence and self-worth as a child, but after 30 years how can I separate who I am from who I could have been?

I look back now and see I went from winning an award for academic excellence in Grade 8 to being a decidedly middling student thereafter. Before you, I believed so thoroughly in myself and my academic abilities, that I felt life was limitless. After you, I feared adults — especially teachers, I trusted no one, and to put it quite simply, I underachieved and withdrew from everyone and everything. You stymied my academic advancement, my social and sexual development, my career opportunities and my spiritual growth. I could spend hours detailing a life of loneliness, and despair — hoping to die, planning my own death, staring into the Detroit River as a high school student. Listen to me so I can tell you of a lifetime without friendships, of 30 years of depression, addictions and suicidal thoughts that burden me to this day. You will hear the damage those things in turn have wrought upon my wife, my innocent children. (Even though I realize you have no concern for children or anyone but yourself.)

Listen to me so you know for the rest of your life what price I paid these past three years pursuing this matter: . . . losing my job last year which I know was influenced by this pursuit of justice, an inability to this day to focus on my job and perform to my ability, the pain of telling my parents and living with the guilt they endure because of YOUR actions not theirs. The few friends I did have silently drifting away. I can’t even count the number of days I’ve had at work sitting at my desk trying to prepare a report and I am 13 again, afraid to get into bed — wondering if I should try to hide. Some days I literally sit at my desk and bang my fists against my head trying to pound memories of you out of my mind. Will I ever function to my capability when you haunt me to this day?

My wife is a beautiful and loving woman who has supported me through this every single day. I love her but I want you to know that we struggle every day to make our marriage work because what you did to me changed me forever. When you abuse a young boy, you change the man he becomes — the husband, the father. And when I say father I mean a daddy to children, not some pedophile priest hiding behind a collar. By hurting me you hurt my marriage. By hurting my marriage you hurt my children. Just the time, energy and emotional investment I have had to put into seeing you brought to justice for your crimes was time and love taken from them. How sad I am when I have to repeatedly tell my 4-year-old daughter that she never lets anybody but mommy and daddy into her bed?

On top of all that, I am now seeing a psychiatrist, and taking multiple medications every day to try and stay my own hand from taking my life so my children will have a father as they grow up — even if I am only half the father I should be. If nothing else, I have to live so they can be protected from the likes of cunning deceivers like you

I pay for my medications out my own pocket as I am unemployed, I spent thousands of dollars on sexual abuse counseling, I have a $4,000 bill outstanding from a lawyer who did nothing, and I have to defend myself against people who accuse me of bad intentions.

You abused me in Windsor, in my own bed with my parents, your life-long friends, asleep right on the other side of the wall. You abused me in Sault Ste. Marie in the Priests’ Residence of St. Mary’s College High School where your Basilian order’s motto was displayed for all to see: “Teach me Goodness, Discipline and Knowledge.” When you were done abusing me, you went down the hall and got into bed with another boy and abused him. That’s right — I heard you and I cried because I didn’t know how to stop you. I didn’t know how to stop you from abusing me, from abusing that boy down the hall and all the others I feared would come after us.

I suffered silently not knowing how many others suffered like me but knowing you were a powerful and respected man, a principal, a priest, my father’s friend. How would I look — standing against you? I feared you but didn’t even know enough to show it, as the confusion, and shame overwhelmed everything else. Even as I stand here today, I can scarcely express the fear, remorse, embarrassment, anger, shame, confusion, and regret that threaten to overwhelm me at any moment. But I feel pride too for bringing you here. You did not come on your own. And I know there are 17 other individuals here today to speak to or of you, for reasons of their own, but by being here they also help me to know in my heart that I did the right thing.

Every day I have to remind myself that you are to blame and I am not. I was a child and you were wrong.


This article was found at:



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8 Jun 2011

Irish priest who was known pedophile but transferred to California extradited to Ireland to face criminal charges



Press Democrat   -  California    June 6, 2011

Former Irish priest accused of molesting boys extradicted to Ireland


By GUY KOVNER | THE PRESS DEMOCRAT




A former Irish priest accused of molesting four men in Humboldt County in the 1980s has been extradited to Ireland, where he faces criminal charges for sexual misconduct, authorities said.

Patrick Joseph McCabe, 75, was turned over to Irish national police officers Sunday night at San Francisco International Airport, the U.S. Marshals Service said Monday.

McCabe, who was arrested in August, had been jailed since then in Alameda County pending extradition to his homeland.

Following McCabe's apprehension, Greg Horne, 38, of Arcata and three unidentified men filed civil lawsuits last year alleging fraud and negligence by the Santa Rosa Catholic Diocese.

The suits contend that the diocese was at fault for assigning McCabe to St. Bernard Parish in Eureka from 1983 to 1985, when he allegedly molested the four men.

A report by the Dublin Archdiocese said that McCabe had been transferred to Santa Rosa months after he had been designated as a pedophile and placed on a drug to curb his sexual impulses at a church treatment facility in New Mexico.

Lawyers for the Santa Rosa diocese have said there is no evidence of misconduct in McCabe's file and no evidence that former Bishop Mark Hurley, who is deceased, was aware of the priest's history.

The lawsuits were dismissed this year by lawyers for the alleged victims, who said they intend to refile the claims naming the Santa Rosa and Dublin branches of the church, as well as the Catholic congregation that ran the clinic where McCabe was treated.

Attorney Jeff Anderson of Minnesota said the new case will be filed this month, including evidence he obtained on a trip to Ireland in April.

McCabe's extradition does not affect the civil case, he said.

“We're just grateful that he's off the streets and headed to the place where they are going to try him,” Anderson said.

McCabe, who was removed from the clergy in 1988, faces prosecution in Ireland for alleged sexual assaults on six boys in Dublin between 1973 and 1981.

This article was found at:



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