By Mark Esposito, Guest Blogger
Cardinal Bevilacqua Whom Prosecutors Deemed An "Unindicted Co-Conspirator" Testified Before the Grand Jury 10 Times
For the first time, law enforcement officials are taking aim at not just child abusing priests but those who enabled the crimes by covering up. And what a cesspool they’ve uncovered. Monsignor William Lynn, on trial in Philadelphia on charges of conspiracy and child endangerment has filed a novel motion seeking to dismiss all charges. Lynn alleges that Cardinal Anthony Bevilacqua, a long-time pillar in the American Catholic Church, destroyed a memorandum written by Lynn’s superior detailing the abuse and the priests who perpetrated it.
“The recent unexpected and shocking discovery of a March, 1994 memorandum composed by Monsignor James Molloy, Monsignor Lynn’s then-supervisor, on the topic of this review, clearly reveals that justice demands that all charges against Monsignor Lynn be dropped,” Lynn’s attorneys said in a filing.
It’s an interesting permutation of the “Just Following Orders” defense, but unlikely to prevail. In this case maybe it should. Lynn claims he took it on himself to reviewed secret church files of still active parish priests charged with child abuse. He presented the list to his superior, Msgr. Molloy. Cardinal Anthony Bevilacqua had Molloy shred four copies of the list, according to a memo signed by Molloy and a witness. But Molloy kept a copy in a locked safe at the archdiocese, where it was found in 2006, after Lynn had moved on, according to his motion.
Molloy’s hand-written memo states:
“On 3-22-94 at 10:45 AM I shredded, in the presence of Reverend Joseph R. Cistone, four copies of these lists from the secret archives.” The action was taken on the basis of a directive I received from Cardinal Bevilacqua at the Issues meeting of 3-15-94 ….”
The trial judge has imposed a gag order on the attorneys and litigants, but the public record is beginning to read like a Mario Puzo novel. Since participants are barred from discussing the case, this motion has landed like a bombshell with no public rebuttal as of now. If true, the Church’s thin defense of deniability by ignorance of the problem is probably shattered. Charges of civil conspiracy and destruction of evidence are likely in the offing, too.
Lynn’s lawyers charge that he is being “hung out to dry” in their recent attempt to cast off the criminal charges. Lynn’s defense is that he merely “took orders from Bevilacqua and is being made a scapegoat for the church’s sexual abuse scandal.” Lynn, 61, would faces up to 28 years in prison if convicted on all counts against him. Prosecutors have blasted Bevilacqua in two grand jury reports but never charged him with a crime. They have called the archdiocese and others “unindicted co-conspirators.”
Bevilacqua is now free from any jeopardy having died quietly in his sleep on January 31, 2012. After Bevilacqua’s death, a locksmith was called in to open a safe and inside were copies of both the list of predator priests and the memo that it had been destroyed.
In a statement after Bevilacqua’s death, Pope Benedict XVI praised Bevilacqua’s ”longstanding commitment to social justice and pastoral care of immigrants and his expert contribution of the revision of the church’s law in the years following the Second Vatican Council.”
The development raises some other interesting questions: Where are these secret archives that Lynn and Malloy reviewed? Why wasn’t pertinent information of suspected child abuse immediately turned over to police as required by Pennsylvania law? Why was Molloy so careful to exculpate himself in the handwritten memo if the Church officials truly believed they had done all they could as they’ve alleged in various civil suits?
Perhaps most importantly, was the Arch-Diocese of Philadelphia serving God or Mammon in protecting priests and hanging future victims and possibly Lynn out to dry? If the latter, can it ever again claim moral authority over the nations’ 77 million Catholics? Theological questions to be sure but with a very secular impact if the Church truly was a partner to covering up massive child sexual abuse as the evidence is suggesting in a loud voice.
Tough times for the American Catholic Church but infinitely better that those for its apparent victims.
Sources: CNN ; LA Times ; Reuters quoted in WVMR website.
~Mark Esposito, Guest Blogger
Does anyone doubt that the primary concern in the Church sexual abuse scandal was protecting the institutin and it’s power. The strategy worked because the Church is now driving health policy and may soon be able to pick a President and congress that will do its bidding. Americans really need to consider is the really want this closed nondemocratic institutin running their lives. The founders knew the dangers of such an arrangement as they and their predecessors had seen, suffered and fled the religios wars in Europe.
Churches no matter what denomination should have to follow the law. Further they should not receive taxpayer funds for any purpose.
“The strategy worked because the Church is now driving health policy and may soon be able to pick a President and congress that will do its bidding.”
JH,
This new sexual offensive by the RCC is indeed a way to put these serious pedophilia behind them. However, I think it will backfire because the reactionary leadership, the Pope did head up Opus Dei and the “Inquisition”, doesn’t realize that Catholics are not sheep and are pretty disgusted by the abuse of their children from their “moral” leaders.
Does secrecy and nondiplomacy ring bells…..
The comment that the church is driving health policy is interesting. Perhaps when Santo Rum is elected.
The victims need to get their federal civil rights suit on file now before more of these old farts die.
The gag order needs to be lifted. The Court is part of the problem with this gag order. If the judge is a cat o lick he/she should recuse.
Now … what would really be interesting is if they decided to look at all those Catholic judges who allowed questionable delays in proceedings resulting in expiration of statute of limitations … the cesspool is very deep.
It is a shame that the Cardinal did not live long enough to be brought up on charges. The Catholic Church has hid and is still hiding pedophiles to this day. What is the statute of limitations on obstruction of justice that is continuing to this day? Now that corporations are people, can’t the head of the corporate Church be indicted?
Great job Mespo!
Mark,
I forgot to answer one of your questions. The Church cannot stand on any moral ground until they admit the criminal actions that it is continuing to make in hiding its own obstruction and hiding perps.
The conspiratorial rot that we knew had to be there was. The arrogance of the Church and the Bishops to push their political agenda in the face of their serious corruption is staggering. Though perhaps it’s just politics as usual in another huge, corrupt institution.
I wonder if this will turn out to be like the torture matter. It’s wrong; we’ve stopped; no one will be held accountable because too many would end up in prison and that … well, that would be bad for the nation as a whole and probably impede our economic recovery … Et cetera, Et cetera, Et cetera
Blouise,
It is way beyond the torture matter. The church has been stonewalling for decades and it continues to this day. DonS used the right label: arrogance. They have thumbed their noses at the law enforcement authorities and their is no end in sight. Mark also used a good descriptive word for them: cesspool.
I find it interesting that Lord Byron posited that power corrupts both religious and secular officials who exercise power.
This is an example showing corruption within the ranks of religion.
If only we could get religious and political organizations to release their predecessor’s medical records, so we could analyze them for evidence or data so as to detect the “fingerprints” of such corruption.
I just think it is so damned sad that religious prophets did their work to bring comfort to the sufferings of a bittersweet life, only to be followed by power lusting egomaniacs who turn the words of comfort upside down. I mean this for all religions, not just the RCC, though they certainly have blood on their hands.
m’kay
Is it any wonder? Unfortunately most of the priests seem to be pedophiles… What a pathetic statement it says about the catholic church……
Woosty,
Great clip!
From my research, there has been corruption in the leadership of the RCC on and off for centuries. In 1870, an English Catholic historian, Lord Acton, opposed the Pope of the time, who arrogantly claimed that he was infallible, for political reasons, at the First Vatican Council.
Lord Acton said: “I cannot accept…that we are to judge Pope and King unlike other men with a favorable presumption that they did no wrong. If there is any presumption, it is the other way….All power tends to corrupt and absolute power corrupts absolutely….There is no worse heresy than that the office sanctifies the holder of it.”
As a Catholic physician who has met many who have been sexually abused by priests, and as one who was sexually assaulted myself when I was a young doctor in Dublin, Ireland by a Carmelite priest, I believe that there will be no change in the culture of the Church until Pope Benedict and the rest of the hierarchy are made accountable by international law for allowing the sexual abuse of innocent children to flourish worldwide.
Pope Benedict XVI, when known as Cardinal Ratzinger, was the head of the Office of Faith and Morals in the Vatican for 24 years, where cases of priest sexual abuse were brought, and then Pope since 2005. He has not admitted his role in the sexual abuse scandal, in fact he is claiming diplomatic immunity so that he does not have to open the records in the Vatican, on priest and bishop sexual abuse, for investigation.
There have been at least 19 bishops in the United States who have actually been sexual abusers, according to bishop-accountability.org.
A very useful recent book THE CASE OF THE POPE written by Geoffrey Robertson, Queen”s Counsel and human rights judge for the United Nations for crimes against humanity, challenges the diplomatic immunity of the Pope.
There are good priests and bishops, but they do not have the courage to speak, because the Pope will not give them a voice, and they do not want to lose their jobs. The Pope has total power and an immature obedience is demanded of the bishops and priests.
From what I understand, the Pope and many in the hierarchy want to do everything they can to stop President Obama from having a second term.
It is shameful to me what they are doing. As a physician, I am grateful for all the good the President has done already for our country and for patient care in particular.
Pope Benedict XVI and the hierarchy have always been their own law. We see that they cannot be trusted. They cannot manipulate Obama like they can manipulate other politicians, especially naive and deferential Catholic politicians and other Catholic professionals.
Under President Obama, the RCC might finally be made accountable for its corrupt policies and practices, and the victims of clergy sexual abuse will finally get some type of justice.
I do not believe that the grand juries in Philadelphia would have ever found out that there were 37 predator priests still in active ministry, if it wasn’t for a female, non-Catholic lawyer in search for the real truth. The Cardinal had lied to his people. He told them that Philadelphia had passed the audit and that there was no predator priest in active ministry.
I agree with Justice Holmes. The Catholic bishops are pushing their own health policy on women and want to replace Obama with someone who will do their bidding. They are like a political action group and we, the taxpayer, are supporting them in their political work, it seems, as well as in some good work that they do.
I pray that Pope Benedict XVI and members of the hierarchy, who have been complicit in the sexual abuse of innocent children and vulnerable adults, will have their day in court sooner rather than later, for justice in some form to come to the victim/survivors of clergy sexual abuse. In my experience, the predator priests do not seem to have remorse for the damage that they have done to their victims. The damage can last a lifetime.
Sincerely, Dr Rosemary Eileen McHugh, Chicago, Illinois
Thank you Dr. McHugh for your heartfelt post. The RCC does need to b brought under the rule of civil law for their crimes.
What Dr. McHugh said. There is not much one could add to that. Righteous rant, Doctor.
It’s been a decade since the Boston Globe Spotlight Team broke the clergy abuse story in Massachusetts.
Abuse in the Catholic Church
http://www.boston.com/globe/spotlight/abuse/
Here’s the story of one of the priests:
Secret Letters Fuel Boston Catholic Child Sex Abuse Crisis
Thanks for the updates….. Especially Dr McHugh and Elaine…..
The “truth” shall set you free. Apparently the RCC remains in a state of captivity.
From a story by blogger Chrislove on Daily Kos:
“Imagine going to your mother’s funeral, only to be turned away from communion by the priest. Then, imagine the priest literally walking out of the funeral as you read your eulogy. Well this is exactly what happened to Barbara. Why? Because Barbara happens to be a lesbian, and the priest wasn’t too pleased about her personal living arrangements…….”
Here is the full story:
http://www.dailykos.com/story/2012/02/27/1068824/-Disgusting-Lesbian-denied-communion-at-her-mother-s-funeral?detail=hide
http://www.huffingtonpost.com/2012/02/27/monsignor-william-lynn-denied-child-endangerment-plea_n_1304204.html?ref=crime&icid=maing-grid7|main5|dl1|sec3_lnk1%26pLid%3D138969
Monsignor William Lynn Trial: Judge M. Teresa Sarmina Refuses To Dismiss Child Endangerment Charges
Judge M Teresa Sarmina
MARYCLAIRE DALE 02/27/12 09:18 PM ET AP
Nobody’s mentioned it. The cardinal did the expected thing. When you rise in the church (not under your habit). you are given a little pillbox.
In it are pills to be taken at needed moments.
Late again. But better late than forever.
PS The habit rabbit trick is reserved for choirboy confessional sessions.
Here’s an extraordinary letter to the Delaware County Times written by Sister Maureen Paul Turlish, who seems to know where the “bodies are buried”:
Letter to the Editor: Lynn’s trial may expose church’s darkest secrets
Monday, February 20, 2012
To the Times:
For the first time in this country a high ranking clergymen — Msgr. William Lynn, the former Vicar of Clergy for the Archdiocese of Philadelphia – will now be tried on criminal charges for putting children in danger because of his alleged mishandling of priests known or credibly accused of the sexual exploitation of children.
Up until now, while no bishop in the United States has been held criminally responsible for facilitating or enabling the sexual exploitation of a child, deals have been made to avoid prosecution in a number of jurisdictions.
This will soon change with the March opening of Lynn’s criminal trial in Philadelphia.
What church officials in the Archdiocese of Philadelphia have done and what they have failed to do over decades has enabled and facilitated the sexual exploitation –including vaginal and anal rape – of untold numbers of children and that is only the beginning of the harm inflicted on the innocent. One has only to read through the hundreds of pages that comprise the 2005 and 2011 Grand Jury reports on the archdiocese to realize the truth of such a statement.
Ordinary Philadelphians have no idea of the depths of depravity that will be plumbed if Common Pleas Court Judge M. Teresa Sarmina allows testimony about prior bad acts at Lynn’s criminal trial. In the meantime the Archdiocese of Philadelphia is doing everything possible to keep this from happening.
Remember, this is an archdiocese that has vehemently denied that it even had a problem with priests sexually exploiting children within its ranks when the magnitude of the sexual abuse and cover up in the Archdiocese of Boston, Mass., was exposed by The Boston Globe.
Nor has the Archdiocese of Philadelphia been able to get out in front of its sexual abuse cover-up scandal; not between 2002 and 2005, when it denied it had any problems at all, not in 2005 when the first Philadelphia Grand Jury report came out and it took 76 pages for Stradley, Ronon, Stevens & Young, L.L.P., to help the archdiocese put its foot in its mouth while confirming what many had suspected for years; and not in 2011 when the second Grand Jury report documented how little had been done in response to the recommendations made in 2005.
On Thursday, Jan. 26, Sarmina told the Archdiocese of Philadelphia “to be ready March 26, the first day of Lynn’s conspiracy and child-endangerment trial, to turn over what could be hundreds or thousands of private records detailing Lynn’s communications with church lawyers about sex-abuse claims between 1992 and 2004, when he was secretary for clergy.”
The possible exposure of the depth and breadth of the hierarchy’s cover-up of the sexual abuse of children in the Archdiocese of Philadelphia may very well eclipse that of Boston in 2002.
Sarmina, on making her decision, should have immediately sent officers of the court armed with search warrants and security personnel to the offices of the Archdiocese of Philadelphia to secure all the aforementioned records.
It is not too late to be done. The destruction of such documents cannot and should not be ruled out of the realm of possibility. Should those who have failed so miserably and learned so little since 2002 now be trusted to do the right thing and follow Sarmina’s orders?
Remember, altruism was never the basis for the 2002 decisions made by the U.S. Conference of Catholic Bishops.
Holding those who commit the heinous crime of sexually exploiting children, enable others to do so and then are complicit in covering up such “prior bad acts,” responsible is matter for the criminal justice system because it is society’s responsibility to protect those who could not protect themselves.
MAUREEN PAUL TURLISH,
Sister of Notre Dame de Namur, is an educator and an advocate for victims of childhood sexual abuse and legislative reform. She has taught for many years in the Archdiocese of Philadelphia and writes from New Castle, Del.
Now we have possible corruption by the judge to deal with, ie not executing an immediate seizure of pertinent records—–thus giving “someone” to make them “disappear”.
Shall we witness a mysterious sudden death of the defendant also?