Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
I was surprised when I read an article yesterday that reported the news of an indictment that was handed down in Jackson County, Missouri. You may be asking what is unusual about one more indictment in the State of Missouri? The news worthy aspect of this indictment is the person and organization that was indicted. The Grand Jury in Jackson County indicted the Roman Catholic Diocese of Kansas City-St. Joseph as well as its Bishop, Bishop Robert Finn!
“For the first time in the history of the United States, a Catholic bishop is facing criminal charges. A Grand Jury in Jackson County, Missouri has indicted Bishop Robert Finn for failing to report child abuse. The Catholic Diocese of Kansas City-St. Joseph was also indicted. Jackson County Prosecutor Jean Peters Baker announced the charges at a news conference Friday. “On or between Dec. 16 of 2010 and May 11 of 2011 in the County of Jackson, state of Missouri, the defendant was a mandated reporter and had reasonable cause to suspect a child may have been subjected to abuse due to the following things: Previous knowledge of concerns regarding Father Ratigan and children, the discovery of hundreds of photographs of children on Father Ratigan’s laptop including a child’s naked vagina, upskirt images and images focused on the crotch area in violation of restrictions that were placed on Father Ratigan,” Baker explained. ” Raw Story & Kansas City Star
This is record-breaking news that is long overdue. For decades the Catholic Church has made it a sanctioned practice to hide sexual predators from their members as well as the local authorities. The most recent evidence of the Vatican approving of this ecclesiastic game of hide and seek was the uncovering of a Vatican memo congratulating a bishop for hiding an alleged sexual predator from the authorities.
“As a tide of previously confidential Catholic Church documents about child sexual abuse by priests has risen over recent weeks, the Vatican has been able to say that none of them was a “smoking gun” proving it had instructed bishops to cover up the scandals. This defense looks thinner than ever with the posting of a 2001 letter by Cardinal Darío Castrillón Hoyos congratulating (yes, congratulating!) a bishop for not only hiding a self-confessed serial abuser but earning himself a criminal sentence for doing so. For more on the 2001 case, click here. ” Reuters
As someone who grew up Catholic and raised his kids as Catholic, I don’t take personal pleasure in any church being accused of a serious crime or a Priest or minister or Rabbi being accused of wrongdoing. However, in light of how serious and deep-rooted this Roman Catholic Church scandal has been, there is a degree of satisfaction that the enablers of these sexual crimes against children will finally see the hand of civil justice. How many lives have been damaged and ruined by these men who have made a concerted effort to hide criminals from the police and civil authorities?
What also concerns me is that this news may actually open the eyes of many Catholics in this country who have repressed the idea that their Bishops and maybe Cardinals have been breaking the law and hiding the facts from police. One can hope that true Catholics can realize that priests and even Bishops can be felons. Maybe if Catholicism allowed women to be priests and to have a full seat at the table of Christ, these crimes would not have gone unpunished and unreported for decades.
Dredd,
A parochial parish is nothing more than a boundary line….taken from the french…but that is not all the church took from the french…
dredd,
With all due respect….Unless they are shielding the actor then I agree with you….but if they shield and protect the actor to continue what he/she is doing then yes….they can be tagged as a conspirator….
Let us not misstate the case, which is “The Grand Jury in Jackson County indicted the Roman Catholic Diocese of Kansas City-St. Joseph as well as its Bishop, Bishop Robert Finn“, assuming rafflaw got those facts straight, and I am assuming so.
The definition of a diocese is: “A diocese is the district or see under the supervision of a bishop. It is divided into parishes“, and the definition of a parish is “A parish is a territorial unit historically under the pastoral care and clerical jurisdiction of one parish priest, who might be assisted in his pastoral duties by a curate or curates – also priests but not the parish priest – from a more or less central parish church with its associated organization“.
Further, “By extension the term parish refers not only to the territorial unit but to the people of its community or congregation as well as to church property within it.”
It is a territory drawn by lines on a map, including those within it.
To indict an area on a map, including the people within it, because one person in that entire area is accused of a felony is ABSURD, RIDICULOUS, INSANE, and not in accord with American law.
It is tantamount to indicting the people of the United States for war crimes committed by their president.
It is fine to indict an individual, but to indict everyone within the lines on a map because of that individual’s felony is laughable.
When I say crimes I mean felonies which must proceed by indictment as in the instant case.
Raff,
I am in agreement with you…I think that the Priests and not just catholic..have gotten away far to long with the Bullshit and the Pope….can call in DI or SI if the case need be made…He has had more knowledge than any living pope….except for the ones abused…He was from what I understand on the committee that basically no billed a number of priests and moved them around…
I agree that there is no freedom of or separation of anything when it comes to religion….But if the press were somehow doing something illegal…that is a different case and perspective…they are actually employees of the Newspaper an can be fired at will…Look at Dan Rather….I think, I recall where the Catholics or maybe all religions were expected to compensate the actors…at some basic minimum wage in order to be compliant with the federal and state wage laws….But I think this is a distinction with a difference…in regards to news papers….most reporters do not take a vow of poverty….well…depending on who you work for you might just do that indirectly….
rafflaw 1, October 15, 2011 at 3:06 pm
Dredd,
The officers can be put in jail if they commit crimes. Under your suggested logic, individuals can commit crimes, as long as they incorporate first.
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You misinterpret what I said.
The church official is an individual who was indicted.
The church is either a building or a group of people.
The laity cannot be charged for the personal crimes of another individual.
The are only criminally responsible for their own personal crimes and no one else.
Same with a newspaper.
If a journalist commits a crime the other journalists in that organization cannot be charged with a crime because another journalist committed a crime.
They can only be charged with their own crimes.
AY,
you are correct that they could pierce the corporate veil and that is why I suggested that the officers could be put in jail for crimes. I was merely suggesting that incorporating cannot and should not prevent child molesters to go free. This is is not a First Amendment issue.
But Raff….cannot the Corporate Veil be pierced and the individual be held liable under the theory of Ultra Vires…
Maybe I am wrong but…they can’t incorporate to commit an intentional tort…yes, of course unless your are the government….and in that case apparently they can disregard the constitution all together….
Dredd,
The officers can be put in jail if they commit crimes. Under your suggested logic, individuals can commit crimes, as long as they incorporate first.
Anonymously Yours 1, October 15, 2011 at 1:08 pm
Dredd,
Why do you say that?
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If an official of a church (minister, pastor, priest, imam, etc.) does wrong it is like a journalist doing wrong in the sense both are given rights in the First Amendment, binding on the states through the 14th Amendment.
So if the organ that the church official belongs to can be charged criminally, why can’t the media organ the journalist belongs to (newspaper, TV station, etc.) be charged criminally?
It seems to me that crimes are generally personal in nature, that is, manifesting to a human being.
How can a corporation, church, newspaper, or TV station be put in jail?
rafflaw,
When I first read this story yesterday, I thought I might write a post about it. Then I found another issue I decided to work on. Glad you covered this story. It is indeed an important one.
Thanks AY.
Thanks for the link Swarthmore Mom.
http://ncronline.org/news/accountability/diocese-warned-priests-aberrant-behavior-one-year-arrest
Dredd,
Why do you say that?
raff….
I thought it might be, but was not sure…I ruled two bloggers out as the potential poster….It is still a great post regardless…Hits the nail on the head and not over done…
Kinda reminds me of a bar question…Where is the liability? and even if you win will you be able to collect…If they have not changed it under Bankruptcy law…Intentional Torts are not generally nondischargeable….
I guess newspapers are next.
Great post, rafflaw. I raised my kids catholic, too. No one is beating a path to get to church every Sunday, anymore, and that includes myself.
I agree. it is long overdue.
where does the idea that because you are an entity you are immune from scrutiny let alone responsiblity come from?
never in my life have i ever for one minute thought that because you seem all powerful that you actually are.
AY,
I hope you realized that this was a guest blogger post, because I had difficulty amending the post in time before you responsded.
I heard about this in NPR this morning….It is about time for these cases to come to light….It is sad that in a lot of these cases the SOL may have expired…there are some exceptions….in some states…let’s hope MO is one of them…..