First Trial Slated to Begin Nov. 17
KPHO
September 20, 2008
http://www.kpho.com/news/17520547/detail.html
MESA, Ariz. — A suspended Roman Catholic priest from Mesa accused of sexual misconduct with five teens will have five separate trials on the misdemeanor charges.
A judge ruled this week that Monsignor Dale Fushek is entitled to face each of his now-adult accusers separately. He agreed with defense lawyers' arguments that a jury that heard all the cases could become prejudiced against him.
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| Dale Fushek |
Fushek is the former pastor of St. Timothy's Catholic Community in Mesa and founded the international Catholic youth program known as LifeTeen.
He is charged with five counts of contributing to the delinquency of a minor for alleged sexual conversations he had with teen
boys in the 1980s and 1990s, assault and indecent exposure.
Fushek could be required to register as a sex offender if convicted.
The Roman Catholic Diocese of Phoenix has placed Fushek on administrative leave pending the resolution of all legal proceedings. In the meantime, he is prohibited from presenting himself as a priest or engaging in any public ministering.
San Tan Justice of the Peace Samuel Goodman issued his ruling on Tuesday. He scheduled the first trial to begin on Nov. 17 and the rest to follow as soon as possible.
Fushek, 56, won the right to a jury trial in February after an appeal to the Arizona Supreme Court. The justices ruled that being required to register for life as a sex offender is so serious that even misdemeanor defendants who could face relatively little jail time if convicted are entitled to jury trials.
Most of the misdemeanor charges against Fushek don't carry jail time long enough to trigger the Arizona Constitution's right to a jury trial.
Fushek served as vicar general in the Phoenix diocese and is one of the highest-ranking American priests to be charged in the sexual abuse scandals that have rocked the church.
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