Former Priest Paroled Early By Mistake
TheNewMexicoChannel.com
August 11, 2004

In 1993, a judge sentenced David Holley, 77, to 275 years in prison after he pleaded guilty to abusing boys in the early 1970s at St. Jude's Mission Church in Alamogordo.

This spring, Holley was granted parole.

But the parole board said it made a clerical error, and Holley's parole will be rescinded and taken back to the board.

Holley said in a letter that he does not want to take part in a sexual offender program.

He doesn't want electronic monitoring or to be listed as a sexual offender. He said those parole conditions "make living outside more oppressive considering my age and state of health."

The parole board replied to Holley's letter, saying it would not accept his terms. Prison officials will have another parole hearing.

Gov. Bill Richardson said he is outraged and will order an investigation into Holley's parole.

Papal Emissary Closes Austrian Seminary
GEORGE JAHN Associated Press
Miami Herald Online
August 12, 2004

The move by Bishop Klaus Kueng came three weeks after his appointment by Pope John Paul II to look into allegations that seminarians were hoarding child pornography and had snapped photos showing them fondling each other.

"A new beginning is necessary," Kueng told reporters, in remarks broadcast on state-run ORF television during a news conference. "I am closing the seminary right away."

Kueng later qualified his remarks, saying the closure would be "temporary." But he gave no indication of how long the baroque seminary in the city of St. Poelten, which had trained young men for the priesthood for more than 200 years, would remain shuttered. And he did not elaborate on what his investigation had revealed, beyond saying it appeared "active homosexual relationships took shape."

The Vatican inspector had promised a "brisk investigation" and pledged to do whatever it took to restore credibility to Austria's scandalized church.

Since the first discovery of pornographic images late last year, authorities have found about 40,000 photos and numerous videos, including child pornography, on computers at the seminary in the diocese of St. Poelten, about 50 miles west of Vienna.

Other photographs of seminary students kissing and fondling each other and their older religious instructors at the seminary also have been found. Some of the photos were published in Austrian media and triggered a public uproar that prompted Pope John Paul II to dispatch Kueng as an "apostolic visitor" to contain the scandal.

Two of the institution's 36 students left the seminary earlier this summer. Those who want to continue studying for the priesthood will have to undergo a fresh screening process, Kueng said.

Prosecutors investigating the child pornography aspect of the case have charged a 27-year-old former seminary student from Poland with possessing and distributing illicit material, a federal offense punishable by up to two years in prison. He goes on trial Friday.

Local Bishop Kurt Krenn, whose close ties to the Vatican led to a papal visit to his diocese in 1998, has refused to resign despite mounting pressure. The church ordered him to stop speaking to the media after he described the photos of priests kissing and fondling as "childish pranks," and made other comments downplaying the affair.

Kueng, of Feldkirch, Austria, is a member of Opus Dei, the conservative Catholic organization. His diocese is in the southwestern Austrian province of Voralberg.

He said the decision to close the seminary had been made with the full knowledge of the Vatican and Krenn.

The Vatican appoints an apostolic visitor when it receives allegations of "grave irregularities" at an institution of a diocese.

This happened before in Austria. In 1998, an American Benedictine monk was sent on an inspection tour of a monastery where an Austrian cardinal, Hans Hermann Groer, was accused of sexually molesting young boys.

The American's findings were never made public, but Groer later relinquished all his duties in the church and left Austria.

Krenn was criticized at the time for defending Groer and insisting the cardinal was innocent of the pedophilia charges.

Second audit to review diocesan abuse policies
Robert P. Lockwood
Pittsburgh Catholic
August 12, 2004

The charter and norms were approved at the bishops' national meeting in Dallas in June 2002 to establish national standards for child sex abuse prevention policies in each diocese.

Last October, the diocese was specifically commended for what had been done here to comply with those policies.

"Diocesan leadership, public outreach, administrative and personnel policies, procedures and implementation are of such high standards as to warrant commendation and reference as 'best practices,'" the audit team reported.

An independent audit of each diocese in the United States is required as part of the U.S. bishops' response to the clergy sexual abuse scandal.

The U.S. bishops approved this second round of on-site audits during their June 2004 national meeting in Denver.

In the first audit, nearly 90 percent of U.S. Catholic dioceses were at that time in compliance with the bishops' national policies.

The second audit will take place Aug. 16-20 in Pittsburgh, 10 months after the first audit was conducted.

The diocese will be the first diocese in the United States to have this second audit.

The U.S. bishops' Office for Child and Youth Protection, charged by the bishops with monitoring implementation of the charter, conducted the 2003 audits and will do so again this year.

The National Review Board, established by the bishops in June 2002, oversees the audit, while the independent firm of Gavin Group from Boston conducts the actual on-site audit.

The findings of the audit are released to the president of the U.S. Conference of Catholic Bishops and are expected to be published in January after the national audit is concluded.

Justice Anne Burke, interim chairwoman of the National Review Board, stated that "the message is clear" in the bishops' willingness to undertake a second outside audit.

"Children will be safe from harm in the Catholic Church," Burke, an Illinois appellate court judge, said, "and the bishops and lay people will work together on this."

Among the requirements the bishops outlined in the charter are that each diocese establish an independent review board to consider suitability for ministry after allegations of sexual abuse among clergy, that a victim outreach coordinator be in place, that background investigations be conducted on church employees and volunteers who work with children, and that the diocese's sex abuse policies be published and disseminated.

Under the direction of Bishop Donald Wuerl, the diocese has had a review board and a victim outreach coordinator in place well before the bishops approved the charter.

The diocese has also had a strong public record of responding to accusations of clergy sexual misconduct and has had published policies in place since 1993. Those policies are regularly revised, with the last revision in August 2003.

Copies of the Policy on Clergy Sexual Misconduct are available from the Department for Communications, Diocese of Pittsburgh, 111 Boulevard of the Allies, Pittsburgh, PA 15222. The policy is also on the diocesan Web site at www.diopitt.org.

The "Charter for the Protection of Children and Young People" called on every diocese to promote healing and reconciliation with victims of sexual abuse of minors, guarantee an effective response to allegations of sexual abuse of minors, ensure the accountability of procedures dealing with abuse and to protect the faithful in the future.

At the end of the charter, the bishops pledged "most solemnly to one another and to you, God's people, that we will work to our utmost for the protection of children and youth."

A Mass on the Common
Boston Globe Editorial
August 12, 2004

Voice of the Faithful provided an emotional sanctuary for Catholics trying to cope with the depth of the clergy sexual abuse crisis. Now the group is pressing for transparency and accountability regarding plans to close 65 parishes by year's end. Archdiocese officials have banned some Voice of the Faithful chapters from meeting on church property. But there are signs that the group and its supporters are only growing stronger.

Sharon Harrington, a lawyer and parishioner at St. Albert the Great Church in Weymouth, says the parish council is prepared to seek a court injunction to halt the closure, possibly on grounds of unjust enrichment from the sale of parish property. Other members of Voice of the Faithful say that targeted parishes -- especially debt-free, vibrant ones -- are examining restrictions on deeds, landmark status, and conditions placed on charitable gifts to gain a reprieve. Concerned by secrecy surrounding clergy sexual abuse, Voice of the Faithful is also seeking information on who will determine how the proceeds from the sale of parish assets will be distributed.

The Rev. Christopher Coyne, spokesman for the archdiocese, says he does not anticipate a rash of appeals or civil actions -- that most parishes understand the rationale for the closures.

Anxiety is not limited to the parishes. In March the director of the Boston Redevelopment Authority -- the city's chief planning agency -- urged the archdiocese to work with the city on a master plan to lessen the impact of the church closures. But the archdiocese has shown little interest in such a process, according to a BRA spokeswoman.

No one, including Voice of the Faithful, argues against the need to close some of the archdiocese's 357 parishes based on demographic shifts, deteriorating buildings, declining enrollment, and a shortage of priests. But creative solutions were lost in the inflexible process used to identify surplus parishes. It might be possible, for example, to sell rectories but save churches. Such a goal could be accomplished by using lay people to unburden priests of common chores, thereby allowing them to serve more than one church. But first, says Steven Krueger, executive director of Voice of the Faithful, the archdiocese must shift its focus from property to people.

The Voice of the Faithful Mass planned for Sunday is a reminder that the fight against spiritual impoverishment takes place on many fronts.

Clergy Abuse Victim Found Dead
Autopsy Being Conducted To Determine Cause
TheBostonChannel.com
August 12, 2004

Authorities said an autopsy is being conducted to determine how Shawn Dobbert died.

He was among 45 people who recently agreed to a settlement totaling more than $7 million with the diocese.

his lawyer, John Sobierski, said Dobbert had been tortured by the abuse that he suffered and it had caused him significant difficulties throughout his life.

Catholics try to clear backlog of priest cases
Trials could decide abuse complaints
David Crumm and Patricia Montemurri
Detroit Free Press Staff Writers
August 12, 2004

This month, Catholic leaders are organizing special church courts that will start work soon in Michigan and other states to resolve older cases in which accused priests want to be reinstated. The tribunals, closed to the public, will hear from priests, accusers and witnesses. Some of the more than 40 priests removed from ministry in Michigan since 2002 will appear before a tribunal.

But at the moment, many of these U.S. cases are sitting on hold at the Vatican, so several U.S. experts in church law are being sent overseas to sort out the backlog.

"The effort is to search for the truth of the matter in a fair and objective way," Detroit Auxiliary Bishop Walter Hurley, the local point man in combatting abuse in the church, said Wednesday. "None of our trials are public, but the results of the trial will be made known."

Today, Hurley and other Catholic officials have scheduled a news briefing on the massive effort to resolve these cases.

On Wednesday, however, the handling of the case of a visiting Mexican priest, accused of fondling a 7-year-old boy from St. Gabriel Catholic Church in Detroit, sparked a protest by the Survivors Network of those Abused by Priests. Barbara Blaine, president of the nationwide group, visited Detroit and issued an open letter, complaining that church officials should do more to find other possible victims and that a local magistrate should not have made supportive remarks about the priest.

On Friday, the Rev. Luis Javier de Alba Campos, 49, formerly a priest at St. Gabriel, was arraigned on two counts of second-degree criminal sexual conduct. At that time, 36th District Magistrate Robert Costello took the unusual step of making a public statement, explaining that he is Catholic, remains proud of his church and believes that everyone needs "God's mercy."

Blaine delivered a letter to 36th District Court on Wednesday, criticizing Costello's remarks and saying they were "inappropriate, insensitive and may deter victims and witnesses from coming forward." Blaine urged Costello to apologize for his remarks.

When asked about Blaine's letter, Costello said, "We aren't supposed to make any statements about cases." He also said that he won't be involved further, because another judge will handle the priest's Sept. 9 preliminary examination.

Ned McGrath, spokesman for the Archdiocese of Detroit, called Blaine's complaint ill-informed. Church officials already have asked parishioners in English and Spanish to come forward with information, he said. "We also notified neighboring parishes and Latino publications."

Neither De Alba Campos nor his attorneys could be reached for comment.

U.S. Catholic bishops, meanwhile, are acknowledging that a major effort is needed to resolve about 700 cases of priests accused of abuse, the vast majority of whom were never prosecuted in criminal courts.

Since 2002, U.S. Catholic bishops have vowed to pursue a zero-tolerance policy, removing any priest credibly accused of using a minor for sexual purposes. In metro Detroit, 23 priests have been accused and removed from ministry since early 2002, although the Vatican earlier this year reinstated one man, the Rev. Brian Bjorklund, a former Navy chaplain now in California.

"We've got hundreds of suspended priests floating out in there in limbo, because the church is not able to move their cases along," said the Rev. Tom Reese, editor of America magazine and an expert on the structure of the Catholic Church.

Because most of the accusations are years old, the vast majority of the priests face no criminal prosecution and their fate rests in the Catholic legal code, known as canon law.

"The Vatican just doesn't have the personnel to handle all these cases," Reese said

Starting in September, several canon lawyers from the United States will be transferred to Rome to help with the backlog. None of those going are from Michigan.

"This is actually a very positive development," Reese said. "This means that the Vatican is realizing they can't handle this backlog on their own. And I think it's good that they're asking for help from American canon lawyers. No canon lawyer from the United States will fail to understand how important this issue is."

Some cases will be assigned to the new tribunals in the United States, said Rev. Arthur Espelage, a Franciscan priest who heads the Virginia-based Canon Law Society of America. The effort is a huge commitment of church resources, he said, because canonical trials tend to be time-consuming and require an unprecedented number of canon lawyers. About 1,000 canon lawyers are in the United States, mostly priests, but including nuns and laypeople.

In Detroit, Joe Maher, the head of a support group for accused priests called Opus Bono Sacerdotii, praised the new effort in southeast Michigan.

"Detroit is actually trying to get these cases taken care of in an expeditious manner, to their credit, so people aren't left hanging."

Contact DAVID CRUMM at 313-223-4526 or crumm@freepress.com. Contact PATRICIA MONTEMURRI at 313-223-4538 or montemurri@freepress.com.

10 of 82 parishes fight archdiocese on closure plans
Michael Paulson,
Boston Globe Staff
August 12, 2004

One parish, St. Albert the Great in Weymouth, has retained legal help and is nearing a decision to file a civil suit challenging the archdiocese's plan to close the church. At another, St. Anselm in Sudbury, some parishioners want to buy the church building from the archdiocese and establish a new, unsanctioned worshiping community there. A third, St. Jeremiah in Framingham, is trying to get its building declared a historic site, even though it was built in 1958, because the bells were given in memory of Christa McAuliffe, a onetime parishioner who died in the 1986 space shuttle Challenger disaster.

Parishioners and priests from several churches have met with state Attorney General Thomas F. Reilly or his aides in an effort to persuade him to challenge the closings in court, which has been unsuccessful so far.

Yesterday, state Senator Marian Walsh, a West Roxbury Democrat whose district includes Dedham, met with Reilly's staff to urge the attorney general to investigate whether the closing of St. Susanna in Dedham violates state laws regulating the use of charitable donations by taking donations to one church for use by others.

Walsh is also circulating for comment draft legislation that would require religious organizations to file annual financial reports like those now filed by nonreligious charitable organizations and that would require charitable organizations, including churches, to report their real estate holdings.

Reilly has tried to lower expectations for his involvement, pledging only that he "will continue to monitor the situation, while acknowledging the limits on government intervention in church affairs," according to his spokesman, Corey Welford.

"The attorney general understands the frustration and anger of members of parish communities facing closure and sympathizes with priests, staff, and parishioners caught in the middle of a situation they did not create," Welford said. "However, the attorney general's authority over charities is specifically limited in the case of religious institutions. That limitation is mandated by the First Amendment's recognition of a separation of church and state."

Many of the efforts to prevent parish closings are being aided by Voice of the Faithful, the national lay Catholic reform movement based in Newton and formed in response to the clergy sexual-abuse crisis. Voice of the Faithful leaders have scheduled a Mass on Boston Common for 4 p.m. Sunday in response to the parish closings.

Some parishioners have met with O'Malley or his assistant, Bishop Richard G. Lennon; others say they have been unable to get the bishops' attention. The parishes are all planning to file appeals under canon law, first to O'Malley, and then to the pope. Several are exploring civil challenges.

"A lawsuit is a last resort for us, but it's a viable option if all else fails," said Frank Bellini, a parishioner at Sacred Heart in Lexington.

Representatives of multiple parishes planning to appeal the closing decisions met with reporters at St. Ignatius Loyola in Newton on Tuesday and expressed frustration with chancery officials. Leaders of each parish believe their churches are viable and that they have grounds for the archdiocese to reverse the decisions to close.

Parishioners said that their letters and calls to church leaders have gone unanswered, that they have been unable to get clear explanations for why their churches were targeted to close, and that they doubt the assertion by church leaders that real estate values were not a factor in the decisions.

"I think this is a land grab," said Gail Trainor, a parishioner at St. Anselm in Sudbury. Parishioners there say their church has no debt, $600,000 in the bank, and a vibrant community of deaf worshipers who are being ignored.

Few parish leaders expect any of their efforts to succeed. But the parishioners say they are determined to try in any way they can.

"We believe if we are heard, they will reverse this decision," said Lorraine Dray, a parishioner at St. Jeremiah in Framingham.

Many are frustrated at the closing of churches whose construction and upkeep they financed.

"Our folks have been extremely loyal, and that's part of the frustration," said Mary Hogan of St. William in Savin Hill. "Now they're finding the very people they trusted don't care whether they live, die, or where they go. It has been so cold, and there is no response, no matter what people have sent."

Peter Borre, a parishioner at St. Catherine of Siena in Charlestown, said that when he arrived at chancery to deliver a petition calling on the archdiocese to preserve his parish, "I was told to get off the property."

Some parishioners are angry.

"I worry about the younger generation -- first, they see them raping the children, and then they see them stealing our churches -- why would you want to stay?" said Rose Yesu, a parishioner at St. Brendan in Newton, where church property has been rezoned in an effort to make it less attractive for the archdiocese to sell.

The archdiocese said in its newspaper, The Pilot, that it has now announced plans to close 82 parishes, but will also create seven new parishes and retain seven of the church buildings for use for occasional worship services.

The archdiocese says that, despite the anger at some parishes, most of the parish closings are proceeding smoothly. Several parishes, including Sacred Heart in Medford, St. Joseph in Hyde Park, and St. Mary in Marlborough, have already closed.

"The reality is that in almost all of the parishes that are closing, priests and staffers are providing excellent support to their people, and the welcoming parishes are also reaching out to those people and offering help and support and also consolation," said the archdiocesan spokesman, the Rev. Christopher J. Coyne.

As an olive branch, Coyne also said that the archdiocese will allow Voice of the Faithful affiliates associated with closing parishes to transfer to surviving parishes, if they can find a pastor who agrees to host the group's meetings.

The archdiocese had banned any chapters of the organization formed after October 2002 from meeting on church property, but Coyne said the archdiocese will not use that ban to prevent the relocation of existing chapters.

Voice of the Faithful says that nine of its 45 affiliates in the Archdiocese of Boston meet in parishes slated to close.

Coyne also questioned the group's role in parish closings. "Rather than trying to help the process succeed and try to work with the archdiocese," he said, "the leadership of Voice of the Faithful has aggressively criticized the whole process and has been unwilling to recognize any of the legitimate and good reasons for what we're doing."

Steve Krueger, Voice of the Faithful executive director, said, "The pain of Catholics needs to be acknowledged, and in the response from the institutional church, the words have been there, but the actions to try to heal the wounds have not. The Mass will hopefully create an awareness of the need for healing, and provide some hope in a very painful period."

Michael Paulson can be reached at mpaulson@globe.com.

Man in the middle
Pastor directs closing of his church,
while supporting the fight to keep it open
Bella English,
Boston Globe Staff
August 12, 2004

This summer, he's added another job to his regular duties, one he didn't ask for and doesn't want: helping to close down the parish he loves. His boss, Archbishop Sean O'Malley, has said it must happen, and so Coyne, a priest of 31 years, must comply. But at the same time, he's supporting parishioners' spirited battle to keep the parish open.

Coyne, 57, is walking a tightrope between what his head tells him -- that there are certain closing duties he must perform -- and what his heart tells him -- that it shouldn't be happening.

St. Albert the Great is among 82 parishes in the Archdiocese of Boston targeted to close by year's end in a controversial reconfiguration plan that's the result of declining attendance, financial problems, the poor condition of many churches, and a shortage of priests. St. Albert's meets none of the archidiocese's criteria for closing: Its pews and coffers are full, its buildings in good shape, its sacramental index high.

So parishioners are not idly waiting for the locks to be changed at noon on Sept. 1. They have held prayer vigils. They have filed a canon appeal. They have hired attorneys to sue the archdiocese. They have met with the attorney general's office, seeking an injunction. They have considered buying the church property. Even the children have gotten into the act, holding their own crusade and carrying signs that say "Save Our Church" and "Let the Children Be Heard."

But barring a miracle -- or an injunction -- St. Albert's will close in three weeks. Parishioners are angry at the archdiocese, which they feel got them into this mess, starting with the sexual abuse scandal that caused a drop in attendance and collections. They're upset at the reconfiguration process picking their healthy parish to close over others where the pews are half full, the coffers empty, and the buildings decrepit.

The man in the middle is Coyne, who arrived at St. Albert's 2 1/2 years ago, in the midst of the abuse crisis, and transformed it from a church with dwindling numbers and few programs to a vibrant parish where Mass is often standing room only. When he arrived, the church owed the archdiocese $153,000 and had $63,000 in outstanding bills. All were paid off by last spring. Coyne has added numerous programs, including girls softball and color guard teams, boys hockey, a health-care ministry, and a spiritual book group. He lent strong support when a Voice of the Faithful chapter formed and became one of the South Shore's most active.

Since May 25, when the letter of closure arrived from the archdiocese, Coyne has been a perpetual motion machine, trying to find homes for the athletic teams and color guard, the health-care ministry, and the Voice of the Faithful chapter. He has rearranged 15 weddings that were scheduled for the fall. He has sent letters to the other four priests in Weymouth, with a list of everyone involved in the various parish programs. He included the names of every child in the religious education program "so they'll know who the families are."

He has sent a letter to every family listing all four parishes and their religious education directors. Next week, he will meet with chancery officials to seek permission for parishioners to remove the 55 stained glass windows of the saints for which some parishioners paid $3,000 each in 2000. And who, he worries, will pick up the caseload of the St. Vincent de Paul Society, which provides emergency food, bedding, clothes, and electricity for the poor in the parish?

Like a reluctant home seller, Coyne has shown the grounds to an appraiser and an archdiocese facility manager. Next week auditors will arrive to check the books. And recently he welcomed three other Weymouth priests who have first dibs on items from the church and rectory.

Sacred Heart will get the organ. St. Jerome will take some rectory furniture. St. Francis Xavier is getting the manger (the priests had to draw names for that one). Immaculate Conception is reportedly interested in the oriental rugs.

If he feels any pain about seeing his rectory and church being picked over by his colleagues, Coyne doesn't show it. "It's upsetting to me only because this thing should never have happened," he said after Mass on Sunday. "There's absolutely no reason." He ruffled kids' hair and shook hands with parishioners, who lingered to ask about the closing. In the parking lot, women sold "Keep St. Albert's Open" bumper stickers and T-shirts. "My God, the life here!" Coyne exclaimed. "They're going to squelch this life!"

During the 11 a.m. Mass, he had told parishioners the church, led by its pastoral council, is pursuing litigation in an effort to keep St. Albert's open. "It's ground-breaking," he said. "We're convinced we need to do it. Even if we don't win, our children will benefit because our church will be much healthier. The church [hierarchy] will be held more accountable." With $40,000 raised toward a $100,000 goal for the legal fund, he put out a call for 600 parishioners to give $100 each.

At pastoral council meetings, where strategy is being plotted, Coyne serves as a troubleshooter and a cheerleader. How does he see his role in the conflict between his bosses and his parishioners? "My parishioners know where my allegiance lies, where my time is spent: in their parish. I join with them in fighting this battle, but it's their parish. Pastors come and go. I happen to be here at a traumatic time in their lives."

St. Albert's draws people from other parishes in town and throughout the South Shore. Lou Rizzo grew up in another parish in Weymouth but wasn't finding what he needed. During the sexual abuse crisis, he and his wife stopped going to church. "We were disillusioned," he said. But in April 2003, when his oldest son, a Marine, was shipped off to Iraq, he walked into the 6 p.m. Mass at St. Albert's. "I was just blown away listening to Father Coyne. I went home and said to my wife, You have to come hear this guy.' " Rizzo is now cochairman of the pastoral council at St. Albert's.

After Mass Sunday, a young couple handed Coyne a book, "Spirits in Spacesuits." Inside, they had written: "Thanks for everything. You have helped to bring us back to the Catholic church." Coyne knows some have left St. Albert, seeking a more conservative Catholicism but that many more have come back "seeking a faith that is a lived experience."

There are those who believe Coyne -- not the church -- is the real target in the closing. The progressive, outspoken priest has long been a thorn in the side of the archdiocese. He was among 58 priests who signed a letter calling on Cardinal Bernard Law to resign during the sexual abuse scandal. He has been called to the chancery on four occasions to answer questions about his views. He has said that Catholicism, with its dwindling number of parishioners and priests, must look to its Episcopal brethren for its future. "We have to deal honestly with the issue of married priests, with women being ordained and with gays in our society, our church and the priesthood," he said. "What's the archdiocese going to do? Keep closing churches? Obviously, a male celibate priesthood isn't attracting people. We either die, or we look at new visions of priesthood."

Another issue that has prickled the chancery has been Coyne's comments on confession. He's noted the lack of people confessing and has preached that the fear of God has taken a back seat to "God's unconditional love" in people's lives today. "I'm not telling people not to come to confession," he said. "They're just not coming. They're not worried about going to hell." Does he believe in hell? "No." But he does believe in heaven and eternal life. "We used to think having all the answers was the right thing. My role as priest is not to give all the answers, but to help people figure out the right questions."

As for his own future, Coyne would like to remain a parish priest -- preferably at St. Albert's. He has said he has no reason to believe he is being punished but "when it comes to future assignments, I might know better."

Colin Riley, who's raising two children at St. Albert's, has watched Coyne change throughout the summer. "I'd say initially he felt overwhelmed and stressed believing he's the reason the archdiocese chose to close St. Albert's because there's no other reason." Riley stressed, "not a soul at St. Albert's faults Father Coyne for the archbishop's decision."

In July, Riley said, resignation seemed to set in. "He made it very clear to the parish . . . how overwhelmingly difficult appealing a closing would be." But as the summer progressed, Coyne seemed re-energized, assisting the pastoral council in its strategy sessions and questioning the archdiocesan leadership from the pulpit and in the bulletin. "The archdiocese does not appreciate critics from within," Riley said. "In fact, they have cleaned them out with regularity. I believe he [Coyne] has really put himself on the line like never before."

Lately, the Sunday bulletin has turned into a death watch of sorts, as Coyne offers updates on the impending closing. Last week, he wrote: "Some suggestions were made we should be obedient to the archdiocese . . . These comments are from people whose parishes aren't closing. I wonder if they would be so obedient' if it was their parish that was selected." He added he's proud of his parish for fighting. "People in authority do make mistakes and we believe this decision is a major mistake. Shame on us if we don't help them to realize their mistakes."

In another column shortly after the closing decree arrived, Coyne noted at the top of the document were the words "In Nomine Domine" -- in the name of the Lord. "I wonder," he wrote, "what the Lord thinks of all this."

A mid-July bulletin entry reveals Coyne's feelings about what makes a good priest and bishop. O'Malley had written to priests asking for bishop nominations and included a list of criteria that the Vatican looks for: "Do they have a good reputation? Do they firmly hold the orthodox faith? Are they devoted to the Apostolic See? Are they outstanding for their piety? Do they have an aptitude for governing?"

Coyne wrote O'Malley back and included his own criteria for future bishops: "Extensive pastoral experience. Vatican II enthusiast. Ability to have honest conversations with priest and faithful. Good preacher. Open to learning as well as to teaching. Faithful to the gospel and open to God's spirit. Able to offer hope-filled leadership." He never heard back.

But last week Coyne had his first meeting with O'Malley. Instead of a homily on Sunday, he described the session to parishioners. He said he told the archbishop he and his flock felt the closing of their parish was unfair and planned to fight it "all the way to the end of the process no matter where it takes us." He spoke of the low morale among priests ("I'm one of the happy ones") and, at the end, told O'Malley what was important to him: "God loves me unconditionally. Jesus is the son of God. There is life after death." O'Malley listened intently but said little, according to Coyne.

Though the priests of churches that are closing have met with the personnel board of the archdiocese, Coyne said he will not apply for another job until Sept. 1. From the pulpit Sunday, he told parishioners he didn't know what the future held for him or for St. Albert's. "We're in this together," he said.

"Old law" may aid former priest
Sex offender eligible for parole after six months
Dan Wilson
Wisconsin Post-Crescent staff writer
August 11, 2004

Feeney was sentenced to 15 years in prison on April 30 on three counts of sexual assault of a child and one count of attempted sexual assault of a child.

The charges stemmed from assaults of two brothers, ages 12 and 14, in May 1978 when Feeney was the parish priest at St. Nicholas Catholic Church in Freedom.

Last week, the Parole Commission of the Department of Corrections sent out copies of a notice of parole consideration to the victims, the attorneys and the judge.

"This is based on the law that was in effect at the time of the offense," Department of Corrections spokesman Bill Clausius said Tuesday. "It is what we call 'old law.'"

Clausius said under that old law, an inmate could seek parole after serving six months.

In 1983 the law was changed, requiring an inmate to serve one-quarter of his or her sentence before becoming eligible for parole. That law has since been superseded by the truth-in-sentencing law, which went into effect on Jan. 1, 2000, and eliminated parole eligibility and replaced it with fixed terms with extended supervision.

Since Feeney was sentenced on April 30, his parole eligibility date is Oct. 30.

"This is a closed interview in which the commissioner goes to the prison and meets with the inmate and goes over their record and tells the inmate what their recommendation will probably be," said Clausius.

The commissioner then makes a recommendation to the Parole Commission chairman for either release, parole or deferral.

There will not be an open hearing. Anyone who objects must do so in writing.

"We will be writing letters," said Todd Merryfield, now of Cedarburg, who, along with his brother, Troy, were the victims in the case.

"The whole thing is ludicrous," he said. "It gets to the point were you just shrug your shoulders and say we did what we could do."

Vince Biskupic, the special prosecutor in the case, has already sent a letter to the Parole Commission in which he noted there were other victims besides the Merryfields.

"Based on the manipulative and horrific nature of Feeney's crimes against numerous young boys over several decades, I strongly object to any parole for this defendant," wrote Biskupic.

Biskupic said he was unaware of the old parole eligibility law.

Feeney's attorney, Gerald Boyle, said this was also the first time he had heard of it.

"I just don't understand it," said Boyle. "I don't have anything to do with it at all except that we are preparing an appeal on the statute of limitations question."

Dan Wilson can be reached at 920-993-1000, ext. 304, or by e-mail at dwilson@postcrescent. com.

Priest plans to admit guilt in sexual assault of boy
RICK MALWITZ, Staff Writer
Wisconsin Home News Tribune
11 August 2004

Palathingal, 62, is scheduled to appear Tuesday before Wisconsin Circuit Court Judge Karen Christenson, who is expected to announce a date for her hearing of the agreement reached by Palathingal and the district attorney.

Palathingal was arrested June 3 in South Amboy, where he was serving at St. Mary Roman Catholic Church. He was charged with four counts of abusing Nick Janovsky, who was 9 at the time of the assaults, at a house for retired priests in Milwaukee.

Janovsky, who has been outspoken in his criticism of the Diocese of Milwaukee for its handling of the case, approved of the plea agreement. "I have a mixed reaction," he said yesterday from his home in Florida. "I am happy (Palathingal) will be punished. Unfortunately, this man wasn't stopped years ago. Who knows how many others he abused?"

While condemning church leaders in Milwaukee, Janovsky praised Bishop Paul Bootkoski of the Diocese of Metuchen for a letter addressed to St. Mary parishioners, detailing the hiring of Palathingal and suggesting the need for a nationwide database to track priests' careers.

"If such a database were in existence we likely would have known that Father Palathingal had ministered in Milwaukee and we could have inquired about his conduct there," Bootkoski wrote. "We had no knowledge of his being in Milwaukee until he was arrested in South Amboy."

Authorities were aware of the allegations in 1993, but did not pursue a court case. Janovsky had already testified in a similar case involving abuse by his uncle, the Rev. Dennis Pecore, who was eventually sentenced to 12 years in prison.

"It was a balanced decision," said Milwaukee District Attorney Gale Shelton of the decision not to prosecute Palathingal in 1993. She recalled how Janovsky's relatives sided with his uncle and "wrote vicious letters about this young boy.

"It was a tremendous ordeal. We didn't think (prosecution) was in the best interest of the child," she said.

After those allegations were made, Palathingal returned to his native India, which caused another roadblock to prosecution.

Palathingal was suspected of abuse in Louisiana in 2002, but the Diocese of Lake Charles dropped its investigation when the parents of the alleged victim refused to meet with authorities.

While no charges have been linked to Palathingal in New Jersey, his arrest was an embarrassment to the Diocese of Metuchen, which immediately began a study of its hiring of religious order priests.

In his letter to parishioners, Bootkoski said the diocese had received a positive recommendation from the Salesians of Don Bosco, the religious order under which Palathingal was ordained, and three positive recommendations from the Diocese of Lake Charles.

The first hint of wrongdoing, according to Bootkoski, came in July 2002 when the diocese was informed by the Diocese of Lake Charles that Palathingal had been accused of "questionable and inappropriate sexual conduct toward a minor boy" during a visit to Louisiana.

Palathingal, who had returned to India after the charges were made, was allowed to return to St. Mary in September of 2002, after an investigation by the diocese "did not suggest criminal behavior."

In his letter, Bootkoski said the case has prompted a comprehensive internal review, with the diocese asking itself what it should do if charges are made "but not substantiated because the victim or witness does not want to cooperate with an investigation into the facts?"

He added, "Where does our belief, as a Church and a nation, that a person is innocent until proven guilty figure in a case like this?"

Janovsky called the letter "a humbly written, detailed and complete account . . . an extremely rare yet inspiring letter that the bishop himself writes, holding back no facts."

Rick Malwitz: (732) 565-7291; rmalwitz@thnt.com

Five Join Abuse Suit
Priest, Nun, Coach Named
Gregory A. Hall
ghall@courier-journal.com
The Louisville Courier-Journal

The latest filing brings the number of people who have sued the Nelson County-based order to 29 since last month.

In yesterday's filing, the plaintiffs allege that they were abused at the St. Thomas-St.Vincent Orphanage and that the order was negligent in supervising the alleged abusers. The Sisters of Charity of Nazareth operated the orphanage for Catholic Charities, which is an agency of the Roman Catholic Archdiocese of Louisville.

Previous plaintiffs in the suit also allege abuse dating to the 1930s and at schools.

Barbara Qualls, a spokeswoman for the order of nuns, said a response to the litigation will be filed this week.

Four new plaintiffs accuse the Rev. Herman J. Lammers of sexually abusing them.

Lammers, who died in 1986, has been accused by 23 of the plaintiffs. He became director of Catholic Charities and resident chaplain at the St. Thomas orphanage in 1939. The orphanage merged with the St. Vincent orphanage in 1952 at the St. Thomas site near Anchorage.

Leslie Van Arsdale, 49, accused Lammers of sexually abusing her on multiple occasions in the 1960s.

Kim Rankin, 46, accused Lammers of sexually abusing her multiple times in the 1960s. Rankin said in the lawsuit that she told a woman, identified with a phonetic spelling, who was an agent or employee of the nuns, what Lammers had done.

Two sisters accuse Lammers and the late Sister Mary Ann Powers of sexual abuse or not reporting abuse.

Rose Ann Jones, 53, said that during the 1950s and 1960s that Lammers and Powers sexually abused her on multiple occasions.

The complaint describes one occasion when Jones attempted to resist an alleged attack by Lammers. She said she was held down by Powers and an unnamed nun.

A plaintiff identified by attorney William McMurry's office as Rose Anne Jones' sister, Ann Marie Jones, 54, accused Lammers of abusing her in the 1950s and 1960s.

The lawsuit said after the alleged attack, Ann Marie Jones told Powers, and the nun then refused to let Jones eat dinner with the other children because "she did not want her telling lies about Father Lammers.'"

Plaintiff Stephen Vittitoe, 57, accused a basketball and softball coach identified as "Mr. Carney" of sexually abusing him in the 1950s.

Neither the Sisters of Charity nor the archdiocese has found any record of anyone by that name being involved with the orphanage, according to spokeswomen for both organizations.

Qualls has said the order has no record of allegations against any of the accused until they were named in a lawsuit.

McMurry filed the latest allegations as an amendment to a "master complaint" that he filed last week against the order.

McMurry, who represented 243 plaintiffs in a settlement with the Archdiocese of Louisville last year, first filed suit against the Sisters of Charity on July 15 and has been amending it since with new plaintiffs.

Two other plaintiffs have filed separate lawsuits.
Northern Alaska diocese to abide by gag order
MARY BETH SMETZER,
Alaska News-Miner Staff Writer
August 11, 2004

The motion seeks to stop information from being released to the media in a lawsuit filed by Jane Doe alleging that the Rev. James Poole, a Jesuit priest, now retired, abused female minors while serving as director of radio station KNOM in Nome and pastor at St. Joseph's Parish.

Kettler, who was unaware of the motion when contacted last week, said he made the decision to support the motion after talking to the diocese's attorney Bob Groseclose.

"I've taken his recommendation because we're concerned that it (civil suit) not be tried in the press," Kettler said. "And secondly that we not taint the pool of possible jurors."

In addition to Poole and the bishop, two other defendants are included in the gag order request, The Society of Jesus, Oregon Province, and The Society of Jesus, Alaska.

Groseclose said the motion was prompted by the release of a deposition by the Rev. William Loyens in another lawsuit involving the diocese purporting sexual abuse of male minors by a now-deceased French Jesuit priest, Jules Convert.

The controversial deposition was released by the same attorney, Kenneth Roosa of Anchorage, who represents Jane Doe 1 and Jane Doe 2 in separate lawsuits against Poole. Roosa also represents a number of men who are suing the diocese for alleged abuse by Convert.

Groseclose said the plaintiff's "penchant for releasing snippets of information out of the context that they appeared resulted in the motion request.

"We thought the best way to head off and avoid, or at least police that process is to involve the court and require that the court be asked before the information is released in a wholesale way," Groseclose said.

Roosa has requested additional time to respond to the filing.

Mary Beth Smetzer can be reached at msmetzer@newsminer.com or 459-7546.

Diocese to scrutinze transferred clergy
Wisconsin sex scandal prompts Metuchen to
Toughen background checks for priests
JEFF DIAMANT
Metuchen, NJ Star-Ledger Staff
August 11, 2004

The Rev. Simon Palathingal was charged June 3 with abusing a 9-year-old boy while living at a home for elderly priests in Milwaukee during the early 1990s. He had worked in the Metuchen Diocese since December 2001 but had his ministerial privileges revoked after the arrest.

Palathingal, 62, born in India, is a member of the religious order of the Salesians of Don Bosco -- one of the largest Catholic orders in the world -- and was studying at Marquette University, a Jesuit institution in Milwaukee, at the time of the alleged incident.

He arrived in Metuchen 2 1/2 years ago after working with the Salesians in Lake Charles, La., when a priest he knew in the diocese suggested he come help during the Christmas season. Two months later he asked to become permanent, starting a process of diocese background checks. While waiting for approval, he assisted in the day-to-day operations at St. Mary's in South Amboy and St. Bernadette in Parlin.

Metuchen officials say that while reviewing Palathingal's application, they relied in part on a letter from the Salesians in Louisiana that said he was in good standing with the order.

Diocese officials said the Salesians never informed them he had studied in Milwaukee, so they could not investigate his past there.

The new Metuchen policy will require a full review of personnel files for all priests transferring from other dioceses or orders, rather than on summary letters saying an applicant is in good standing, said Ron Rak, the diocese's general secretary.

"Is it going to be more cumbersome? Yes. It is going to require more individual analysis of an individual's record? Yes. Is it worth it? Absolutely," Rak said.

The procedure applies to "extern priests," who, like Palathingal, work outside their religious order or home diocese. Metuchen has 32 extern priests.

It was unclear yesterday when the allegation against Palathingal first surfaced, but Bootkoski said in a recent letter to St. Mary's parishioners that the priest "apparently knew" about it a decade ago.

The accuser renewed his allegation this year in an interview with Milwaukee detectives. Palathingal was arrested June 3 in New Jersey at St. Mary's rectory by South Amboy and Milwaukee police, on a criminal complaint charging him with the sexual assaults.

Palathingal and prosecutors have reached an agreement on charges that will allow him to avoid a trial, said Gale Shelton, the Milwaukee assistant district attorney prosecuting the case.

Bootkoski, in his letter, said the case illustrates the need for a nationwide clergy database to track clergy assignments.

"If such a database were in existence, we likely would have known that Father Palathingal had ministered in Milwaukee and we could have inquired about his conduct there," he wrote.

The new guidelines come as a committee of the U.S. Conference of Catholic Bishops is considering ways to beef up national standards for background checks. Many of those standards were implemented two years ago after the clergy sex abuse scandal gained nationwide attention.

Jeff Diamant covers religion. He can be reached at (973) 392-1547 or jdiamant@starledger.com.

Church group unites against closings
Laura Crimaldi
Metro-West Daily News Staff Writer
Wednesday, August 11, 2004

"Nobody with a voice has been able to speak out and say this is a catastrophe...No one cares to take on the Catholic Church," St. Anselm's parishioner Fiona Keating of Sudbury said yesterday at a meeting sponsored by Voice of the Faithful.

Parishioners from St. Anselm's in Sudbury, St. Jeremiah's in Framingham, St. Susanna's in Dedham and Sacred Heart in South Natick opened up to reporters in the basement of St. Ignatius Loyola on Commonwealth Avenue five days before VOTF takes to Boston Common Sunday to celebrate a Mass for "healing and unity."

Church closing dates have already been floated at St. Anselm's, St. Jeremiah's and Sacred Heart, but so far none of those churches have received a closure decree from Archbishop Sean O'Malley.

That means the parishes can't file an appeal until the decree arrives.

"It's really a lack of answers. If there is a direction, if there's a game plan, let us know about it," said St. Jeremiah's parishioner Bill Sell, who spoke with his 18-year-old son Adam at his side. "It's the ultimate Catch-22. You can't prepare for what you don't know."

Once the decree is issued, the pastor or any parishioner has 10 days to appeal in a letter to the archbishop. O'Malley then has 30 days to reverse his decision or reject the appeal. No response is the same as rejecting the appeal.

After that, parties have between 10 and 15 days to appeal to the Vatican.

Kathleen Heck, a lawyer hired by the archdiocese to coordinate the closings, said any allegation that the church is trying to delay the appeal process is "totally false."

"He (O'Malley) wanted it done in total consultation with people affected by it," Heck said. "Decrees must contain the effective date of closing and the name of the receiving parish. You can't write the decree until you have the information. The archbishop preferred to have that information from the field, as opposed to telling it (to the parishes)."

St. Anselm's is scheduled to close on Sept. 15, though six parishioners at the meeting said they have hired a lawyer and plan to file an appeal.

Because appeals have to be based on canon law, parishioners said they plan to argue the church was not adequately represented by the Presbyteral Council.

That council of priests was responsible for advising O'Malley about the church closures once recommendations from cluster groups and the archdiocese's Central Committee were submitted.

"Show good faith. Sixty-nine churches are closing and only 10 are filing an appeal. Grant them the appeal and show the Catholic Church still has a heart," said Keating, who has been attending St. Anselm's for eight years.

Although few were optimistic their parishes could be saved, some have hopes their church could still have a future as a worship or seminary site.

Sacred Heart parishioner Paul Quigley, 43, said he hoped an institution like Boston College would buy the South Natick church and rectory. The Framingham resident is part of a lay group that formed to try to save the church, Parishioners and Friends of Sacred Heart.

"Most people in that area would like to see it open or used as an oratory," said Quigley.

Because Sacred Heart is located in the John Eliot Historical District and is listed on the National Register of Historical Places, dramatic changes cannot be made to the church's appearance, Quigley said.

If the church does close as scheduled on Dec. 27, Quigley plans to attend St. Ann's in Wayland. That's where his wife, Karla, received the sacraments to become a Catholic last year, he said.

"I was hoping my daughter could make her first Communion (at Sacred Heart)," Quigley said of his 7-year-old daughter Kate.

A bus is taking St. Jeremiah's parishioners to the VOTF Mass Sunday on Boston Common, which will be celebrated by four priests, including the Rev. Stephen Josoma of St. Susanna's in Dedham.

The Sells plan to attend with fellow parishioners Jackie Lemmerhirt and Lorraine Dray, both of Framingham. None of them belong to VOTF, but feel compelled to attend the Mass.

"They talk about a parish as being the center of the spiritual community. When they want to close it, they characterize it as just bricks. For someone who has been sitting in those bricks for 46 years, that hurts," said Dray.

( Material from the Associated Press was used in this report. Laura Crimaldi can be reached at 508-626-4416 or lcrimald@cnc.com. )

Parishioners play waiting game with church closings
Associated Press, Boston Herald
August 10, 2004

The archdiocese plans to close 82 parishes this year as part of a massive restructuring brought on partly by the clergy sex abuse scandal, but so far Archbishop Sean O'Malley has issued closure decrees to just a dozen parishes. Appeals can't be filed until the decree is issued, leaving some parishioners in a holding pattern.

We're dealing with this relentless, faceless machine that won't give us answers,'' said Peter Borre, a parishioner at St. Catherine in the Charlestown section of Boston.

Borre and representatives of 10 parishes slated to close met Tuesday at Saint Ignatius parish in Newton in a forum hosted by Voice of the Faithful, a lay group that frequently is at odds with the archdiocese.

St. Catherine is tentatively scheduled to close in November, but other parishes, like St. William in the Dorchester section of the city, have just a few weeks left and still no decree.

There is a concern that they're trying to wait us out,'' said Voice spokeswoman Suzanne Morse said. This has not been the most organized process.''

A pending appeal won't prevent a parish from closing as scheduled, but it will prevent the church from selling off the property until the appeal process is complete.

Kathleen Heck, a lawyer hired by the archdiocese to coordinate the closings, said any allegation that the church is trying to delay the appeal process is totally false.''

O'Malley opted to include parishioners in the process - such as deciding on an exact closing date - rather than choosing the date himself.

He wanted it done in total consultation with people affected by it,'' Heck said. Decrees must contain the effective date of closing and the name of the receiving parish. You can't write the decree until you have the information. The archbishop preferred to have that information from the field, as opposed to telling it (to the parishes).''

After the decree is issued, an aggrieved party - the pastor, any parishioner - has 10 days to appeal in a letter to the archbishop. O'Malley then has 30 days to reverse his decision, reject the appeal; no response is the same as rejecting the appeal.

After that, parties have between 10 and 15 days to appeal to the Vatican.

Heck said the archdiocese has held seven information sessions, sent out letters and explained the process in The Pilot, the newspaper of the archdiocese.

This has been carefully and in great detail shared with everyone affected by closings,'' she said. Anyone who states that the decrees are coming out slowly to frustrate the appeals process doesn't understand the appeals process. We've been extremely open and extremely forthcoming, and I would say helpful.''

Mary Burns, a parishioner at St. Albert in Weymouth, was incredulous.

They sent the decree late because they want to help us? Is that what they're saying,'' Burns said. Sounds like the archdiocese.''

The decree was sent to the parish July 20, and St. Albert appealed. The parish is slated to close Aug. 31, a day after O'Malley's deadline to act on the parish's appeal.

Few of the parishioners Tuesday were optimistic that their appeals would be successful, either in Boston or Rome.

It's like being on death row and waiting for an execution date,'' said Borre.

Catholic Diocese is set to resume Bishop reception
KATHRYN MARCHOCKI, Starr
Manchester Union Leader
August 10, 2004

The reception, now to be known as the Bishop's Summer Luncheon, is for donors contributing at least $500 to the Bishop's Charitable Assistance Fund. It will be held Sept. 9 at the bishop's mansion, now known as Trudel House.

The fund gives grants to nonprofit organizations regardless of religious affiliation to help New Hampshire residents. Past recipients include New Horizons soup kitchen, American Red Cross and New Hampshire Easter Seals.

"This fund is significant because it meets people's basic needs. These aren't glamorous extras," said Kathleen D. Cook, board chairman and 2004 campaign chair.

Volunteers actively involved in the fundraising requested the reception be resumed, Cook said.

"They felt it was missed," she said. "It's a very special evening."

Cook said contributions fell after the reception was canceled in 2002. She attributed this to the "issues in the Catholic church" and that some people gave less than before because there was no reception.

The fund raised $108,248 in 2003, said the Rev. Edward J. Arsenault, diocesan chancellor. A record $415,000 was raised in 2001.

The fund's board of directors represents "very diverse faiths and we feel strongly about the commitment to meeting needs regardless of religious affiliation," Cook said.

Abuse claimants awaiting response from diocese
BILL ZAJAC
wzajac@repub.com
The Springfield Republican
August 10, 2004

At least five lawyers representing at least 20 clients who have made allegations of sexual abuse against priests are waiting to hear from diocesan officials regarding how their claims will be addressed by the diocese.

This will not be the end of clergy sexual abuse claims here, according to one of the lawyers.

"As terrible as this seems, we are seeing only the tip of the iceberg," said Carmen L. Durso, a Boston lawyer who represents 15 of the clients.

Durso said 200 or so people have brought claims against the Archdiocese of Boston since the church settled more than 500 claims a year ago.

Greenfield lawyer John J. Stobierski, whose 45 clients are in the process of settling claims with the diocese, recently said he has another group of clients who are considering making claims against the diocese.

Meanwhile, diocesan spokesman Mark E. Dupont said yesterday the diocese hasn't decided whether it will mediate outstanding claims as it did recently with Stobierski's clients.

"The bishop intends to proceed until this settlement is complete, and then he will decide what will be done on the other claims," Dupont said.

Paul A. Finn, the Boston-based mediator who helped settle more than 500 suits in the Archdiocese of Boston, mediated an estimated $7.5 million settlement with the largest group of Springfield diocesan claimants. The agreement was announced almost three weeks ago.

Forty-five of Stobierski's 46 clients accepted the agreement and are involved in a binding arbitration to decide the exact amount of each individual's settlement. It will be based on the effects of the abuse, the nature of the abuse and the duration of it.

Payment of their claims will be made by the end of this month.

Francis Babeu, the one client who opted out of the settlement, intends to take the diocese to court in an attempt to expose what he believes is a cover-up of the abuse by church leaders.

Durso said diocesan lawyer John Egan told him recently the diocese would enter into settlement talks with other claimants' lawyers.

Springfield lawyer Daniel M. Kelly said he hopes the diocese is willing to have his one client's claim mediated in the same way claims by Stobierski's clients were mediated.

Kelly expressed a concern that the diocese might decide the recent settlement capped all claims against the diocese.

It is unclear if Boston lawyer Roderick MacLeish is poised to enter into settlement or mediation talks with the diocese. MacLeish represents two men alleging that former bishop Thomas L. Dupre abused them as minors more than 20 years ago. MacLeish was not available for comment yesterday.

A grand jury is still considering criminal charges against Dupre regarding the allegations of abuse, obstruction of justice and other charges.

Other lawyers with clients who have clergy sexual abuse claims against the diocese include Springfield lawyer Raipher D. Pellegrino and Boston lawyer Mitchell Garabedian. One claimant will represent himself.

A grand jury is still considering criminal charges against Dupre regarding the allegations of abuse, obstruction of justice and other charges.

Review board finds abuse allegation unsubstantiated
Priest at Dousman parish is first cleared by archdiocese
TOM HEINEN
theinen@journalsentinel.com
August 9, 2004
Milwaukee Journal Sentinal

Schreiter, pastor of St. Bruno Church in Dousman, had been on leave since April 22 while the archdiocese investigated his case. An incident with a minor that was alleged to have happened nearly 25 years ago in Sauk County was not reported to church officials until mid-March.

The 62-year-old priest resumed his parish ministry on Friday and presided at all four weekend Masses.

"I was at all of the liturgies, and he got standing ovations and people were crying, they were just so excited," said Karen Warnes, pastoral associate at the parish. "The vicar (for clergy) came and read a letter from the archbishop at every Mass."

Schreiter was not at the parish office Monday and could not be reached for comment. The parish is planning a "joyful homecoming" for him at 7 p.m. Thursday that will include a prayer service and an outdoor celebration with food, Warnes said.

Archbishop Timothy M. Dolan reported to parishioners that the review board, led by former Lieutenant Governor Margaret Farrow, "concluded that the report is not substantiated."

"Many of you have expressed your concern about the time it has taken to reach a conclusion," Dolan says in the letter. "Our system is not perfect, but I strongly believe it is essential that we be thorough, no matter how long the process takes."

Peter Isely, a regional representative of the Survivors Network of those Abused by Priests, said his group did not know any details of the case against Schreiter but he hoped the decision would not discourage victims in other cases from coming forward.

"We've always maintained that there's a small number of false reports . . . ," Isely said. "It should allay fears that priests have, and some laypeople seem to have, that this is a system in which no priest can have a fair shake."

Archdiocesan spokeswoman Kathleen Hohl said that other members of the review board include: Hannah Dugan, a Legal Aid Society of Milwaukee attorney; Charles Lodl, a clinical psychologist in private practice in Mequon; Father James Connell, pastor of Holy Name of Jesus Parish and St. Clement Parish, both in Sheboygan, and vice chancellor of the archdiocese; and two who previously served on an archdiocesan advisory commission on sexual abuse, the Rev. Donald Hands, an Episcopal priest who has worked as a psychologist-supervisor at the Milwaukee Secure Detention Facility; and Anthony Kuchan, a retired Marquette University psychology professor.

Under a process that conforms to requirements set by the U.S. Conference of Bishops and the Vatican, the archdiocese first refers allegations of sexual abuse of a minor to civil authorities. If they do not take action, an outside investigator hired by the archdiocese pursues the matter and makes a recommendation to the review board, which makes an advisory decision that is then referred to Dolan.

In Schreiter's case, the allegation was first sent to the Sauk County district attorney's office, which notified the archdiocese in April that it could not consider the case because the statute of limitations had expired.

Hohl said the review board can make only two possible determinations - substantiated or not substantiated. She was not able to describe the general standards and criteria the board uses.

Isely said a group of victims in mediation with the archdiocese has been unsuccessful in its requests to meet with the review board to learn the board's process, criteria and definitions.

Two priests remain on leave with unresolved allegations, Hohl said.

Father Joseph Haas has been on leave as pastor of St. Peter of Alcantra Church in Port Washington since Feb. 13 over an allegation that he sexually abused a minor more than 25 years ago while assigned to a church in Milwaukee. Father Ronald Engel was placed on leave at the end of April because unnamed law enforcement authorities were investigating him on suspicion of use of computer pornography involving minors.

Priests say dismissal lacked due process
Military chaplains lose posts when archbishop revokes endorsement
ARTHUR JONES
National Catholic Reporter
August 10, 2004

The endorsements for Air Force Col. Thomas P. Doyle, a Dominican, and Navy Capt. Eugene Gomulka, a monsignor, were withdrawn during the past year by Archbishop Edwin F. O'Brien of the Archdiocese for the Military Services. Endorsement by a religious institution is the method by which the Department of Defense accepts a chaplain for duty.

Both priests said they did not receive a hearing. No avenues of due process were opened to pursue the archbishop's complaints against them, they told NCR, nor were they provided with the opportunity to explain or defend themselves.

Both Doyle and Gomulka, outside their duties as military chaplains, have been critical of the U.S. bishops' handling of clerical sexual abuse matters.

For nearly 20 years, Doyle has publicly defended the rights of clerical sexual abuse victims and criticized the U.S. bishops' cover-up of sexual abuse. Gomulka, in an Aug. 27, 2001, article in America magazine, "Home Alone in the Priesthood," discussed sexual abuse by military chaplains and the loneliness celibacy creates.

O'Brien did not cite their activities around the sex abuse crisis as reason for dismissal.

Doyle was told Sept. 17, 2003, that his endorsement was being withdrawn because of a memorandum he had sent as a canon lawyer to two other chaplains. The memorandum gave an opinion on canon law as it applied to an instruction by O'Brien to all chaplains regarding the provision of daily Mass and a reserved space for the Blessed Sacrament.

Gomulka was told by O'Brien last March 26 that his endorsement was being withdrawn because "it has come to my attention via reliable sources that you intend to retire from the Navy chaplaincy soon and thereafter attempt to enter into marriage. I am so sufficiently certain of this information that I must revoke immediately your endorsement."

Gomulka told NCR he had neither made a firm decision to retire from the Navy nor to enter into marriage. O'Brien, he said, offered no sources for his information, and no proof that retirement or marriage was Gomulka's intent.

NCR asked the Archdiocese for the Military Services, through a letter to O'Brien and an e-mail to the vicar general, Msgr. Aloysius Callaghan, to explain due process in the archdiocese. There was no response. A second approach was likewise ignored.

What constitutes due process in such matters?

Fr. Nicholas Rachford, pastor of St. Nicholas Church in the Parma, Ohio, Byzantine Eparchy, has frequently been called in as an expert on cases involving clerical due process. He holds a doctorate in canon law from the Pontifical Oriental Institute.

Rachford said the Code of Canon Law lists specific offenses by an erring priest -- such as disobedience or disrespect toward the bishop -- for which there are defined remedies. In such cases, he said, an investigator is appointed and given a reasonable time to assess the evidence against the individual priest.

In the event of a trial, everything is turned over to the "promoter of justice." Every diocese has one, he said, ad hoc or permanent, and even a priest from outside the diocese can serve, "to ensure fairness in the difficulties that surround a brother priest acting as prosecuting attorney."

The investigator provides the facts; the promoter of justice brings the case to the bishop, "roughly akin to a prosecutor bringing a case to the grand jury." He continued, if the bishop says there is insufficient evidence, the case does not proceed.

"The trial proceeds much in the manner of secular trials," said Rachford. "There is no jury, though sometimes the law requires three or five judges to hear a case" if the seriousness of the case moves the bishop or judicial vicar to appoint a judicial tribunal.

The priest can have a canonist represent him or a secular attorney.

Rachford then explained the case from the other side.

Fr. A wants to address what he believes is a genuine grievance: that his bishop has failed to understand the situation or acted arbitrarily or without following the guidelines. If the bishop, twice requested by the aggrieved priest, declines to reverse his action, the priest may appeal to Rome.

The relevant congregation, the Congregation for Bishops or the Congregation for the Clergy, will write to the bishop for his side of the matter and later inform him whether they have upheld or reversed his decree, Rachford said.

Msgr. George Dobes, a canon lawyer, was asked by NCR to explain the interface between Catholic law and military regulations when the military bishop disciplines a chaplain or revokes his endorsement. Dobes, who has a doctorate in canon law from the Catholic University of America, worked for the Archdiocese for the Military Services from 1998 to 2002. Previously, he was a Navy chaplain for 28 years.

He said that if the Archdiocese for the Military Services "withdraws that endorsement, the military accepts it has been withdrawn. As far as the Department of Defense or military service is concerned, it is then a private matter between the chaplain and his institution."

Dobes said the military chaplain removed from office has the same means of recourse as any other Catholic person similarly removed.

"When an order priest is involved," said Dobes, "the bishop must inform and consult with the provincial superior of that priest." Doyle's Dominican superior was not contacted by the Archdiocese for the Military Service's head, O'Brien, before he withdrew Doyle's ecclesiastical endorsement.

At issue in Doyle's case was a memorandum Doyle wrote as a canon lawyer to two other chaplains regarding a letter from O'Brien to all military and VA chaplains on "basic expectations for pastoral care of Catholic personnel."

O'Brien listed as essential elements of Catholic chaplain ministry: daily Mass when a chaplain-priest is available, Mass on Sundays and Holy Days, confession at a regularly announced time, supervision of religious instruction material for children, and a Blessed Sacrament chapel.

Doyle's memorandum states in essence that in the canonical sense a military chapel is not a parish, that a Catholic chaplain cannot be a pastor because there is no parish, that Catholic priests are not obligated under the canons to celebrate daily Mass, and that a space for devotion to the Blessed Sacrament, though the devotion is central to Catholic spirituality, cannot be mandated by the archbishop on military bases. That is because military chapels are not under the authority of the Catholics bishops but the Department of Defense and the military service.

Doyle added that "since most bases are located near civilian communities, those members who have a special devotion to the Eucharist" may fulfill it at local parishes. Doyle recommended that Department of Defense and Air Force instructions "concerning religious accommodation be obtained."

A member of the chapel staff at Ramstein Air Force Base, Germany, where Doyle was serving, sent a copy of Doyle's memorandum to O'Brien. The archbishop wrote to Doyle Sept. 17 that he viewed the memorandum as "a basic contradiction of my expectations ... as a result I am informing the Air Force Chief of Chaplain Service that I am withdrawing your endorsement to serve as a priest chaplain, effective immediately."

In February this year, Doyle filed a petition to the Congregation for Consecrated Life requesting "recourse from the administrative decree" issued by O'Brien.

Gomulka's said that in May 2001, he complained to his Navy Chaplain Corps superiors about "discrimination and reprisals" suffered by two female junior grade chaplains at Navy Region Hawaii. In response, said Gomulka, the regional commander accused him of interference in Navy business and threatening to expose Equal Opportunity violations to the media.

In August 2001 one female chaplain submitted a complaint to the inspector general of the Pacific Fleet documenting reprisals against Gomulka for his Equal Opportunity guidelines support.

Later that month, Gomulka's article on sexual abuse and harassment in the Navy chaplain corps appeared in America (Aug. 27, 2001).

Gomulka made several points, including:

That he was "discouraged by the disproportionate number of Catholic chaplains who were committing offenses." Catholic chaplains, he wrote, were 20 percent of the total, but were charged with 50 percent of the serious offenses.

That chaplains who lived alone were more likely to err sexually than those with spouses.

That the continuing decline in the number of priests meant more would be living alone.

In the two years that followed the Gomulka article, The Associated Press twice provided extensive reporting on incidents of sexual abuse in the military chaplaincies.

Gomulka said that in September 2001 he submitted a written complaint to the inspector general regarding the reprisals against him for attempting to assist two junior grade chaplains facing harassment and other reprisals. He also expressed his disappointment to Bishop John Kaising, auxiliary of the Archdiocese for the Military Services, that the archdiocese did not wish to comment on reprisals against him for coming to the defense of the junior chaplains.

Twelve months of letters ensued until a November 2002 meeting with O'Brien and Kaising.

O'Brien recommended that Gomulka seek psychological consultation, the Navy chaplain said. Gomulka, after first agreeing, subsequently asked O'Brien to state his reasons for the recommendation in writing. That letter was not forthcoming.

His own bishop, Bishop Joseph V. Adamec of Altoona-Johnstown, Pa., asked Gomulka if he wished to return to the diocese, having experienced "some difficult times in the military." Gomulka said he replied he did not.

In February 2004, he wrote to Adamec (in an apparent allusion to points raised in the America article), that O'Brien's "failure to exercise moral leadership on the part of brother priests" and O'Brien's nonsupport of Gomulka in the reprisals matter "are moving me to consider taking a leave of absence from the priesthood."

The following month O'Brien withdrew Gomulka's ecclesiastical endorsement to serve as a military chaplain. It was withdrawn on the basis, O'Brien wrote March 26, 2004, that "reliable sources" stated "that you intend to retire from the Navy chaplaincy soon and thereafter attempt to enter into marriage."

On March 31, Gomulka wrote to O'Brien stating he had requested only a leave of absence, that O'Brien had received false information about his intentions, and "that I have no plans to marry at this time." He asked that his revoked endorsement be restored.

On May 19, one of the female chaplains Gomulka had originally defended received a letter from the inspector general's office. It concluded that under the Military Whistleblower Protection Act, under which she'd filed her complaint, "you did receive a downgraded fitness report in reprisal for your protected communication. We also found you were not relieved for cause."

Both Gomulka and Doyle have a record of outstanding commendations from their military superiors.

Arthur Jones is NCR editor at large. His e-mail address is arthurjones@comcast.net.

Parishes react to priest probe
DAVID HENCH
Portland Press Herald Writer
August 10, 2004

The Diocese of Portland is investigating whether Coughlin knew of the allegations and still put a minor at risk by allowing the child to be alone with Skinner. The diocese also is investigating whether Coughlin improperly allowed Skinner to live at the rectory in South Portland for an extended period of time.

Members of Coughlin's parishes said they hoped the inquiry would be fair, thorough and quickly concluded.

"We all love and respect Father Paul and certainly will keep him in our prayers," said Pamela Sharpe, a parishioner at Holy Cross for 10 years. "He has a big heart and he's always been there for all of us and certainly we want to be there for him."

Monsignor Michael Henchal will take over administration of the South Portland parishes in addition to his work as pastor of St. Bartholomew parish in Cape Elizabeth. The monsignor Sunday read a letter to the Holy Cross congregation from Bishop Richard Malone explaining the bishop's decision.

"Let me be very clear," the letter said, "this information does not allege any claims of sexual abuse of a minor by Father Coughlin." The letter, read to about 250 parishioners at morning Mass, said the temporary removal is an administrative action intended to help the investigation.

The allegations are that Coughlin may have violated the ethics policies of the diocese. They are not criminal allegations and police are not investigating the Coughlin case.

"The police know this information and are not taking action," said Sue Bernard, spokeswoman for the diocese. "Father is being accused of taking an action that put a minor's well-being in jeopardy . . . or took no action to keep a minor safe. What we're trying to find out is what he knew and when he knew it."

However, the information has prompted the diocese to renew its inquiry into an allegation of sexual misconduct against Coughlin that surfaced in 2002. An allegation of inappropriate touching in 1985 was investigated by the police and the diocese in 2002 and the claim could not be substantiated.

Michael Sweatt, spokesman for the Maine chapter of the Catholic reform group Voice of the Faithful, said the issue of Coughlin's relationship with Skinner is troubling.

"If Father Coughlin knew this gentleman had allegations against him or knew he was involved in inappropriate sexual conduct with minors, there's certainly no way this man should be living on parish property," Sweatt said.

"It also raises questions of what this priest learned in the Protecting God's Children program," he said, referring to the training program attended by all Catholic priests in Maine in 2002. The program was designed to teach everyone who works in a diocese how to prevent abuse and how to make the church safe for children and others who are vulnerable.

Sweatt applauded the bishop's decision to remove Coughlin from ministry while the investigation is under way. However, he questioned the thoroughness of the 2002 investigation if the diocese feels compelled to reopen that case. Voice of the Faithful has called for the release of information about all credible allegations of sexual misconduct by priests, but Coughlin's case would not have been among them if the allegation could not be substantiated, he said.

During the current inquiry, expected to last about two months, Coughlin is not allowed to have unsupervised contact with minors or to have contact with potential witnesses.

After Mass on Saturday night and Sunday, the churches held meetings where parishioners could express their feelings and seek more information. Called listening sessions, the meetings were coordinated by members of the Crisis Response Team for the diocese. About 15 people attended the session held after Sunday morning Mass at Holy Cross.

The listening sessions are similar to those convened by Coughlin in 2002 after the priest sexual abuse scandal first broke. It was learned the previous winter that church hierarchy in Boston knew of sexual misconduct by priests and responded by covering it up and reassigning the priests to different parishes.

The Diocese of Portland has collected allegations of abuse against 63 priests and other clergy members during the past 75 years.

Skinner, a lay person, was indicted in June for allegedly molesting a teenage boy from 1990 to 1994 while the older man was a youth ministry volunteer at a parish in Lincoln.

Police investigating the Skinner case learned of Coughlin's association with him and passed the information on to Deacon John Brennan, former deputy chief of the Portland police and the diocesan investigator.

Brennan presented his initial findings to Bishop Malone, who met with the diocesan council and then decided to suspend Coughlin pending the investigation's outcome.

The indictment against Skinner, the 1985 allegation made against Coughlin and the suggestion that Coughlin may have put a child at risk through his acquaintance with Skinner all involved different minors, Bernard said.

The investigation will focus on when Coughlin knew of the allegations against Skinner and whether, despite that knowledge, he allowed a child to be at risk. Bernard said she did not know when that occurred but said it did not take place at the South Portland parish.

Staff Writer David Hench can be contacted at 791-6327 or at: dhench@pressherald.com