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  Theft Case against Delray Beach Priests Suspended for Time to Prepare

By Peter Franceschina And Nancy L. Othón
Sun-Sentinel
February 16, 2008

http://www.sun-sentinel.com/news/local/palmbeach/sfl-flppriests0216pnfeb16,0,5434070.story

Prosecutors dropped criminal charges Friday against two priests accused of stealing from St. Vincent Ferrer Church in Delray Beach, but they say the charges will be refiled in a few months when they are ready for trial.

State Attorney Barry Krischer said it was a tactical decision because neither the prosecution nor the defense was ready to go trial as scheduled next week.

Prosecutors made the decision after Palm Beach Circuit Judge Sandra McSorley did not rule Friday on a motion by both sides to continue the trial.

"I've taken it upon myself to take control of the case," said Krischer, who signed the court papers dismissing the grand theft charges. "It is just so the lawyers can get ready."

He said he expects the case to be refiled in May.

The court documents dismissing the charges also raised the possibility of the priests reaching plea agreements.

"In order for the lawyers to reach an honorable resolution for their client, whether it's the state or the accused, it requires information," Krischer said. "There has not been enough time to accumulate all that information. It has stymied the negotiation process."

The Rev. John Skehan, 80, and the Rev. Francis Guinan, 65, were charged in September 2006, after auditors for the Diocese of Palm Beach said as much as $8.6 million was missing from the church's coffers going back two decades.

Because of a five-year statute of limitations, the priests are accused of stealing only a fraction of the money said to be missing.

Skehan is accused of stealing about $370,000 during five years ending in September 2006.

Guinan is charged with taking about $488,000 from the parish.

Some of the missing millions that should have gone to the diocese were used for the church.

Preston Mighdoll, the prosecutor handling the case, and Scott Richardson and David Roth, the defense attorneys for the priests, have asked several times that the judge continue the trial because of the huge amount of paperwork involved and the complexity of the case.

McSorley had pushed for a trial to begin Wednesday with jury selection. She has criticized the attorneys for not preparing for the trial quickly enough.

McSorley said Friday she was surprised the charges were dropped before she ruled on the latest request to continue the trial.

In her Friday order, McSorley asked the lawyers to give her a schedule for completing certain tasks so the case could be ready for a June trial.

"Because of the identified unusual delay in this case, both the court and the public are entitled to an assurance that there is certainty that this criminal prosecution will in fact conclude in the June 2008 time frame requested by both the prosecutor and defense counsel," McSorley wrote in her order. "In the court's view, unique and extraordinary circumstances require unique and extraordinary measures."

Krischer said he was concerned that if the case went to trial while the defense attorneys said they were not ready, convictions could be overturned on appeal.

 
 

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