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  Visiting Priest Suspended by Monterey Diocese for Failing to Report Abuse Allegation

By Donald Murphy
The Herald
February 19, 2011

http://www.montereyherald.com/local/ci_17430933?nclick_check=1

Edward Fitz-Henry Led Salinas and San Juan Bautista churches for two decades.

The Catholic Diocese of Monterey said it suspended a visiting priest Friday after learning he was told by a parishioner about possible sexual molestation by another priest and failed to report the accusation to the diocese or to civil authorities.

While investigating allegations of misconduct by the Rev. Edward Fitz-Henry, the diocese learned that Fitz-Henry's accuser had told the visiting priest about the alleged molestation as early as November or December, diocese spokesman Tom Riordan said.

The diocese previously said it first learned about the allegations against Fitz-Henry on Jan. 7, and suspended him the same day.

Riordan refused to identify the visiting priest or to name his home diocese.

"He broke policy and is being punished for that," Riordan said.

"There is no implication that he did anything else beyond not follow our policy on this issue. ... If there was any accusation of sexual misconduct, we would be giving his name immediately," Riordan said.

Fitz-Henry's accuser, now an adult, filed a lawsuit Tuesday alleging that the cleric molested him in 2004 and 2005 while stationed at Madonna del Sasso Church in Salinas. Before his suspension, Fitz-Henry was pastor at Mission San Juan Bautista.

Through his attorney, Fitz-Henry has denied the allegations.

Riordan did not describe in detail how Fitz-Henry's accuser came in contact with the visiting priest.

"He met him through church," Riordan said. The man told the priest "he was abused by Father Fitz-Henry," Riordan said.

Under diocesan policy, the priest should have reported the accusations to the diocese. Under California law, the priest should have reported them to police or to a family service agency. Failure to report alleged child abuse is a misdemeanor.

As of late Friday, the diocese had not told civil authorities about the visiting priest's contact with Fitz-Henry's accuser.

Salinas police are in the early stages of a criminal investigation of the allegations against Fitz-Henry. Police did not return calls late Friday asking for comment.

The visiting priest was not staying in a church rectory or assigned to a parish. He was living in the local diocese to take care of family members, Riordan said. He declined to say where in the diocese the priest was living.

As a result of the suspension, the priest will no longer be allowed to celebrate Mass, perform baptisms or carry out other religious functions in the Diocese of Monterey, which includes Monterey, Santa Cruz, San Benito and San Luis Obispo counties.

The priest can appeal the suspension to the head of the diocese, Bishop Richard Garcia, who made the decision to suspend him indefinitely.

"I can't imagine it being lifted," Riordan said. "At this point, Bishop Garcia is very adamant and not pleased about this."

Garcia sent a letter to every priest in the diocese Friday reminding them that all allegations of abuse must be reported and telling them about the most recent suspension.

While investigating the lawsuit's allegations against Fitz-Henry, the diocese has said it uncovered information about another episode of sexual abuse involving Fitz-Henry that took place nearly 20 years ago.

Fitz-Henry denies that allegation, his attorney has said.

Donald Murphy can be reached at 646-4350 or dmurphy@montereyherald.com

 
 

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