PHILADELPHIA — In 2005, a grand jury in Philadelphia criticized Church officials for transferring accused priests to other parishes throughout the archdiocese, fueling a scandal that prompted policy changes. In February 2011, a second grand jury report resulted in the criminal indictment of three priests and a teacher for the rape of two boys more than a decade ago. Further, Msgr. William Lynn, the archdiocesan secretary for clergy from 1992 to 2004, was charged on two counts of endangering the welfare of a child.
The 2011 grand jury report also attacked the archdiocese for permitting additional priests with “credible” allegations of sexual abuse to remain in ministry. After initially challenging the grand jury’s findings, Cardinal Justin Rigali suspended 21 priests, a controversial action, as these individuals reportedly had already been cleared of charges.
A critical issue is the grand jury and the archdiocese’s conflicting definitions of sexual abuse and the role of so-called “boundary violations.” Experts in the field say that sexual predators often use “grooming techniques” to establish trust with minors. Thus, kissing and nonsexual touching are now scrutinized.
The cardinal hired Gina Maisto Smith, a former Philadelphia assistant district attorney who prosecuted sex-abuse cases, to investigate the case of each accused priest. The cardinal appointed Al Toczydlowski, a former deputy district attorney, as the archdiocese’s first delegate of investigation. With the opening of the delegate’s office, the archdiocese’s Victim Assistance Office will no longer receive or investigate abuse allegations.
Bishop Timothy Senior served as the archdiocese’s vicar for clergy from 2004 to 2009 when he was named an auxiliary bishop for the archdiocese. He sits on the U.S. Conference of Catholic Bishops’ Committee on the Protection of Children and Young People.
Mary Achilles was appointed the first victim advocate for the Commonwealth of Pennsylvania. From 2006-2008 she advised Cardinal Rigali on how best to respond to victims. Just prior to the second grand jury report, she was rehired to review and improve the archdiocese’s victim services.
The two spoke by telephone this week with Register senior editor Joan Frawley Desmond.
When Gina Smith was hired to review the cases of concern raised by the grand jury, of which 21 priests were eventually placed on administrative leave by Cardinal Rigali, she said it would take six to nine months to complete her review. Where does that investigation stand now?
Bishop Senior: They are making progress. We are trying to communicate with the priests involved as much as we can. It is our intention that as soon as we get some resolution to those cases, wherever possible, we’ll make some type of an announcement.
It is important to remember that these priests are not convicted. They were removed from ministry so their cases could be reviewed. There was a range of behaviors catalogued in the grand jury report. We have brought in additional competencies to subject all the cases to a more intensive review.
Mary Achilles: I thought it was a courageous thing for Cardinal Rigali to remove 21 priests from ministry — after Gina Maisto Smith identified for the Church what it is about child sexual abuse that we did not know: the things only a trained eye could see. That’s not an easy decision: to remove priests from ministry when you know it will cause pain and controversy.
The language in the public conversation about “credible allegations of sexual abuse” is at issue. Gina Smith has started talking to the district attorney’s office on behalf of the archdiocese, and as a result of that the Church is beginning to understand how language has been a problem in their comprehension of the issue. It has become clear that the Church needs to reconcile the definition of sexual abuse and where boundary violations fit in.
So boundary violations created the discrepancy between the cases in the grand jury report and Cardinal Rigali’s initial insistence that no priests with credible allegations of abuse were still in ministry? That’s why the priests were subsequently suspended?
Achilles: Yes. Gina’s review identified some problems: definitional, evaluative standards, systemic, etc. What she has found to date has been given to the archdiocese’s delegate for investigations, and that is leading us to a new process. The delegate for investigations is attempting to marry the canonical process with what we need to do to comply with local law enforcement.
Beyond addressing systemic issues, like different definitions of sexual abuse or past methods of reporting allegations, what about individual responsibility? If the investigation uncovers neglect or lapses in judgment by individual Church administrators will that also be openly communicated?
Achilles: I don’t know. We haven’t decided on our communications plan for informing parishes about priests that have been removed and may be subsequently cleared. It will be a challenge because we will have to work with the parish to get this done. For example, with a backdrop of two grand jury reports, why should anybody trust us when we say, “He’s not an abuser”?
In June, when the U.S. bishops meet in Seattle for their semiannual meeting, they are expected to discuss the Philadelphia abuse scandal. If you outlined some of the “lessons learned,” what would they be at this point in the process of review and investigation?
Bishop Senior: The Church needs the proper competencies to investigate and address victims’ needs and the sexual abuse issue overall. Bishops are priests; they aren’t sex offender therapists or other kinds of experts. We knew this to some degree before. We were on this learning curve, as other dioceses have been.
You need to be listening to the experience of victims and recognizing that the breakdown of trust will make it difficult for people to come forward. Programs need to be adapted to make them accessible to victims.
In a public statement, the archdiocese explained its rationale for failing to address some of the key points publicly — in a published critique in Commonweal magazine — as “not taking a stance of defensiveness.” If the archdiocese doesn’t explain its past problems, how can it restore its credibility in future actions?
Bishop Senior: It’s critical to have a collaborative relationship with local law enforcement. That is why we are not publicly going to engage in point-by-point debates, [or in] confrontations that would distract from our commitment and goals.
We are focusing on speaking to Catholics and providing them with information. We are providing substantive and detailed bulletin inserts regarding our efforts [dealing with] those arrested and those placed on administrative leave, updates to the standards of ministerial behaviors and boundaries, victim assistance, and using social media, like Twitter.
Will it be helpful to understand what we learned and how we learned it? Sure. But it’s too early in the process to say.
Any change in how the archdiocese is communicating with the lay review board?
Bishop Senior: We hope to further define the work of the review board and how they will fit into the process. We need them and their experience, and we are grateful for their dedication. They have independence.
The John Jay report last week noted “the failure of a significant number of diocesan leaders to comply with their own policies.” Did that happen in Philadelphia?
Bishop Senior: We can certainly learn a tremendous amount from that report. I can’t really speak to how it would relate to the archdiocese.
Register senior editor Joan Frawley Desmond writes from Chevy Chase, Maryland.


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quoted:
“The Church needs the proper competencies to investigate and address victims’ needs and the sexual abuse issue overall.”
All they need to know is that when church officials suspect, witness, or get a complaint of sexual abuse in any way, shape, or form… they just need pick up the phone and call police…it is easy and simple…“let the police investigate”. Remember catholics are taught that priests, bishops, nuns, cardinals, religious brothers, etc. do NOT do anything sexual. Right?
Language?
“The language in the public conversation about “credible allegations of sexual abuse” is at issue.”
Victims do not believe for a minute that church leaders do NOT understand when a clergy or any adult has stepped over the line that harms a child.
First there two religious order individuals that have creditable allegations of abuse that ARE NOT ON THE ARCHDIOCESE OF PHILADELPHIA’S WEB SITE, THAT BEING ‘charles newman and regis howitz’. Second the ‘Dallas charter does not apply to religious orders. The only time that TRUE CHANGE will take Place is when the LAWS are CHANGED.
To me all these ‘AD HOC’ committees , review boards and studies are nothing more than “PR” tactics.
These review boards are too heavily weighted with sex offender therapists, parole officers, prosecutors, etc. These people are used to working with the guilty, and they perceive guilt everywhere. They need to have defense attorneys to cross examine whatever evidence is presented. Some type of testing or cross examining the evidence is absoluetly crucial where a decent man’s reputation stands to be blemished, and where the high likelihood of a large payday makes false accusations very probable.
It has taken me a long time to come to grips with all of this sex abuse in my beloved church. I have been a Catholic since birth - 63 years. I was taught by wonderful nuns and priests. What disturbs me is how pervasive this is. Father Paul Marx was a personal friend of mine. Over 30 years ago he was laughed at because he told the truth about not only what was happening in our seminaries but our parishes. I am not a woman priest advocate by any means but this is the good old boy network. Why are bishops still bishops that hide all of this horror from us all for how long - 50 years, 40 years what? I pray for our church and I won’t leave because it is the Eucharist which keeps me here. Unfortunately, I have friends who have left. Certainly, this is a test of our true faith but what is it going to take to bring justice for all?
Arthur Baselice, In reality the religious orders clergy are under the Bishop’s responsibility.
The Bishop has control of all catholic organization within his territory.
He has to allow them in, and he can kick them out.
An example: If a catholic religious organization were to come into a diocese and proclaim they are pro abortion, you can bet the bishop would kick them out.
Some of these 21 priests are almost certainly guilty of something significant and some are entirely innocent. This subject of boundary issues is a shifting thing. My father was a public middle school principal in the 1950’s and 1960’s and often he would drive some 10-14 year old 15 miles to their home because they missed the school bus. He did not like having to do this but he did it at the time and no one though ill of him. Today that would not be the case.
About 2 men in 1000 and 1 woman in 1000 are true pediphiles who prey on small children. About 5 men in 100 and 2 women in 100 would prey on teens.
We have room in prison for the pediphiles but for the others who prey on teens we have to be more selective about what we do; too many of them.
Here is another side to the Philadelphia grand jury report, a side that the major media is not reporting:
“Unfair in Philadelphia? A Closer Look at the Grand Jury Report”
http://www.themediareport.com/mar2011/philadelphia-grand-jury-report.htm
Dave Pierre
TheMediaReport.com
BISHOP SENIOR:
“The Church needs the proper competencies to investigate and address victims’ needs and the sexual abuse issue overall.”
Does this mean that the Church leadership is currently “incompetent” when it comes to managing, reviewing, investigating and taking action regarding sexual abuse/misconduct allegations re certain clergy?
Bishop Senior, I’ll do my part. I have an extra copy of the PA Crimes Code and after you review the appropriate sexual crimes section, the various offenses as well as the conduct necessary for the specific offense, there will be a pass/fail quiz. Pass, you’re competent; fail, you’re incompetent.
Wait a minute, you don’t even need to do this. You have William Sasso, Chairman, Stradley and Ronon, and long-time counsel to the archdiocese as well as Cardinal Bevilacqua. Over the past five years, Mr. Sasso has certainly gained a great deal of legal experience reviewing the criminal statutes in PA as they relate to the conduct of archdiocesaan employees and clergy.
Bishop Senior: The Church needs the proper competencies to investigate and address victims’ needs and the sexual abuse issue overall. Bishops are priests; they aren’t sex offender therapists or other kinds of experts. We knew this to some degree before. We were on this learning curve, as other dioceses have been. You need to be listening to the experience of victims and recognizing that the breakdown of trust will make it difficult for people to come forward.
After you develop the “proper competencies” Bishop Senior, will the archdiocese then put the safety of the children first? Your comments above indicate that at this late date in 2011, 6 years after the First Grand Jury Report, your archdiocese still does not know how to properly investigate these matters, protect our children and as a result, Bishop Senior, there certainly is a “breakdown of trust”.
Read more: http://www.ncregister.com/daily-news/crisis-control-in-philadelphia/#ixzz1Nmm0owOk
MARY ACHILLES: The delegate for investigations is attempting to marry the canonical process with what we need to do to comply with local law enforcement.
And what happens with child protection and safety if you cannot “marry the canonical process with what we need to do to comply with local law enforcement”? Maybe the purpose and goals of the canonical process cannot be reconciled with what the civil and criminal laws require.
It is amazing that in all of the press reports I have read about this issues, including the Catholic press, there is very little or nothing written about the possibility that many if not all of the priests who were suspended are completely innocent. It did not take courage for Cardinal Rigali to suspend the twenty-one priests. It would have taken courage for him to defend those who were investigated already and found to be innocent. He himself stated that they were suspended because he wanted the Philadelphia District Attorney to know that the Archdiocese took the report seriously. This, after he informed a gathering of priests that a Grand Jury only investigates the evidence presented by the DA, does not hear any defence witnesses, and so only gets at best half of the story and exactly what the district attorney decides to present. Thus, the Archdiocese in its presentations to the priests questioned the credibility of the Grand Jury process. But in public it has not done so, but prefers to bow to media pressure and expose the priests who have been suspended to calumny. When the facts come out in many of these cases, the Archdiocese is going to look even more ridiculous.
Father Scott:
“.....When the facts come out in many of these cases, the Archdiocese is going to look even more ridiculous…..”
That will never happen; “the facts coming out” that is…..archdiocesan leadership will tell you nothing, never has, never will.
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