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  Cardinal Bevilacqua Approved Father Avery's Assignment to Live at St. Jerome and Allowed the Known Abuser to Perform Masses with Altar Boys.

Philadelphia Grand Jury Presentment
February 13, 2011

http://www.phila.gov/districtattorney/PDFs/clergyAbuse2-finalPresentment.pdf

[pdf]

Despite the treatment center's report, Msgr. Lynn concluded his memo by recommending that Father Avery be assigned as an associate pastor at Our Lady of Ransom, a parish in Philadelphia with an attached elementary school. Msgr. Molloy forwarded Msgr. Lynn's memo to Cardinal Bevilacqua.

Cardinal Bevilacqua followed Msgr. Lynn's inexplicable recommendation to assign Father Avery to reside at a Philadelphia parish with an attached elementary school, though the Cardinal chose Saint Jerome instead of Our Lady of Ransom. In a December 7, 1993, letter to Rev. Joseph B. Graham, the pastor at St. Jerome, Msgr. Lynn wrote that Father Avery had been asked to help in the parish as much as he was able. Msgr. Lynn did not mention in his letter that Father Avery's interaction with children at St. Jerome should be restricted or supervised in any way.

Msgr. Lynn ignored repeated warnings that Father Avery was not complying with supposed restrictions on his activities. The evidence before the Grand Jury makes clear that, after assigning Father Avery to live at St. Jerome, a parish with an elementary school, the Archdiocese hierarchy did virtually nothing to minimize the continued danger that the priest posed to children.

According to documents in Father Avery's file, Saint John Vianney personnel repeatedly told Msgr. Lynn that Father Avery's aftercare team was not in place and was not meeting as it should. In fact, the team that the Archdiocese supposedly relied on to supervise Father Avery (Father Joseph Sweeney, Father Graham, and Msgr. Lynn) did not meet for more than a year after the priest's release from the treatment center. Father Graham, the pastor at St. Jerome, testified before the Grand jury and denied even knowing he was on such a team.

A chaplain at the hospital, Father Michael Kerper, warned Msgr. Lynn frequently that Father Avery was neglecting his duties and was instead booking numerous disc jockey engagements. Msgr. Lynn's notes record that even Father Graham called to complain that Father Avery was doing too much disc jockeying. Archdiocese record show that, in February 1995, Father Kerper took it upon himself to inform Msgr. Lynn that Father Avery had booked party engagements for 25 of the next 31 Saturdays. Msgr. Lynn brushed off the Saint John Vianney chaplain and

disregarded the implications of Father Avery's access to young people – even though these activities involved precisely the kind of situations the priest had exploited to sexually molest James.

Msgr. Lynn and his colleagues also appear to have ignored Father Avery's continued involvement with the Hmong, despite Saint John Vianney's explicit recommendation to limit his contacts with that community. According to Cardinal Bevilacqua's testimony before the previous grand Jury, restrictions on an abusive priest's ministry are normally documented in his file. There is nothing, however, in Father Avery's file to suggest that his access to the Hmong children whom he adopted, or his non-pastoral relationships with the Hmong, were ever restricted or even monitored.

Archdiocese documents indicate that, in 1996, Msgr. Lynn was aware that Father Avery was still deeply involved with the Hmong community – three years after therapists had urged that he be kept away from "vulnerable minorities." There is no indication that church officials ever checked on the welfare of Father Avery's "adopted" children – even though Msgr. Lynn and the Cardinal were the only people in a position to protect those children, having concealed from the community that the man entrusted with their welfare was an accused child molester.

Msgr. Lynn protected Cardinal Bevilacqua while endangering parish children. According to memos in Father Avery's file, in September 1997, Msgr. Lynn met with Father Avery to tell him that the Cardinal could not complete a questionnaire for his admittance to a doctoral program at Chestnut Hill College, explaining that "Cardinal Bevilacqua must be careful as to what kinds of endorsements he gives." Msgr. Lynn furnished the necessary character reference himself, citing honesty as one of Father Avery's strengths, and Father Avery enrolled in the college program.

During the same September 1997 meeting with Father Avery, Msgr. Lynn told the priest that he had received an email from James. In fact, he had received the email a year earlier. In September 1996, James wrote: What in the end happened to [Father Avery]. I'm not asking for details. What I want to know is – is he rehabilitated or in a situation where he can't harm others? Will the diocese vouch for the safety of its children? For my peace of mind I have to know.

Msgr. Lynn wrote in his memo of the September 1997 meeting that he informed Father Avery that he had told James "that the Archdiocese had taken proper steps in the matter, without stating where Father Avery was stationed." Msgr. Lynn continued that he told Father Avery "he should be more low-keyed than he has been recently." He then noted: "Father Avery, at first, did not seem to understand what I was talking about, but after we had been talking for a while it finally dawned on him what I was saying."

In 1998, Msgr. Lynn wrote another memo to the file explaining why Cardinal Bevilacqua could not recommend Father Avery as a chaplain to the Veteran's Hospital. The problem was that the Cardinal would have to write a letter stating there were no allegations against Father Avery, which obviously was not true. Msgr. Lynn also wrote that he still had "concern" about Father Avery because the priest "still seems to minimize his behavior." Again, Msgr. Lynn in the memo did not specify the "behavior" he was referring to.

Meanwhile, as Father Avery noted in testimony before the previous grand jury, the priest stayed at St. Jerome, serving Mass with children and hearing their confessions. He also kept working as a disc jockey. Msgr. Lynn wrote the 1998 memo a few months before Father Avery molested Billy.

The 1992 allegation against Father Avery was not officially deemed credible until 2003 – after a grand jury had launched an investigation. Archdiocese documents record that, in June 2002, 10 years after he first reported the abuse by Father Avery, James called Msgr. Lynn. James told the Secretary for Clergy that Father Avery was still engaging in the same activities that led to his abuse. He informed Msgr. Lynn that Father Avery was working parties as a disc jockey, and

expressed concern that the priest was around minors drinking alcohol. James told Msgr. Lynn he felt he was not being "heard as credible." The victim offered more details of the priest's past behavior with him and other boys, and he gave names of those who could corroborate his story.

James told Msgr. Lynn that he wanted Father Avery to "own up" to what he had done, and he wanted the Archdiocese to protect other children. Father Avery, however, continued to minister at St. Jerome. He testified before the previous grand jury that he continued to celebrate Mass, with altar servers, usually twice a weekend. He told the grand jury on April 25, 2003, that he was still permitted to hear confessions of the grade-school children.

 
 

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