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  Debby Bodkin Writes to the U.S. Department of Justice about an Urgent Public Safety Crisis: Children at Risk from Clerical Sexual Predators

By Thom Mrozek
Voice from the Desert
May 16, 2011

http://reform-network.net/?p=10261

In support of ongoing reports submitted to the USDOJ concerning failures to protect the civil rights of children, adults and employees, the article below, written by Joelle Casteix, provides a summary of the serious public safety crisis in California, the United States and throughout the world. As you read the article, it is important to note that tax exempt religious institutions and their high-priced attorneys, continue to laugh all the way to the bank, with a total disregard for the civil rights of children, adults and employees—thanks to separation of Church and State and claims of religious/pastoral privilege. It always amazes me when a Church can twist the law to always favor guaranteed freedom of religion privilege.

1. There is no doubt that the business and employment practices of religious institutions are the evil root of the clergy sex abuse crisis that publicly erupted in 2001. Religious institutions and their attorneys have full knowledge of the failures to report child endangerment to law enforcement, as mandated by law; however, there is too much worldly wealth at stake to change the RICO strategy that remains in the business operations of religious institutions. Exploiting precious children, adults, families and the faithful in the pews is now a routine day-to-day business practice of most religious institutions and their attorneys still believing they are above the law. The business focus has shifted to public relations campaigns and deceiving the public into believing the clergy sex abuse crisis is over and children are safe—nothing is further from the truth.

RESULT: UNITED STATES TAXPAYERS are left with the burden of wasted judicial resources, tax, education and healthcare deficits that have emerged in part because the majority of religious leaders and their attorneys have not been held accountable for ignoring mandated reporting, immigration and Whistleblower protection laws.

2. In order to conduct business in the United States of America, there are mandated laws to ensure a safe and secure society. Individuals and/or corporations that violate the law are punished via monetary sanctions, time in prison and/or corrective action. Drug, tobacco and asbestos organizations are repeatedly sued and sanctioned by the U.S. Department of Justice for violating another's right to be safe from the consequences of adverse effects of drugs, smoking and/or exposure to asbestos. However, the Vatican, Cardinals, Bishops, US Conference of Catholic Bishops and their legal advisors continue to hide behind religious freedom in courts of law, while victims of child rape and soul murder are thrown to the wolves. The religious and/or non-profit organizations continue to maintain tax-exempt status, without accountability for destroying the lives of children and adults for decades.

RESULT: Without enforcement of mandated reporting, immigration, Whistleblower and conflict of interest laws, the civil rights of children, adults, families and employees will remain at serious risk resulting in self-serving financial and political gain of the religious institutions that are above the law. UNITED STATES TAXPAYERS are left with the full burden of aiding the most wounded in our society.

With respect, I am asking the USDOJ take action as it relates to enforcing the requirements to maintain tax-exempt status. If a religious and/or non-profit organization arrogantly ignores mandated reporting and employee Whistleblower laws that protect the good of our society, then it is time to revoke the tax-exempt status until corrective action ensures that no child, adult or employee will be placed in danger. Your consideration of this matter is greatly appreciated.

Sincerely,

Debby Bodkin

bodkind@hotmail.com

Cell: (949) 290-5516

The California Clergy Sex Abuse Powder Keg

Posted on May 9, 2011 by Joelle Casteix

The California Bishops Conference thought "it" was all over in 2007 …

The Golden State, chiefly forgotten since the 2007 $660 million settlement against the Archdiocese of Los Angeles, has been overshadowed lately by a devastating grand jury report in Philadelphia, large civil child sex abuse settlements in Delaware and the Pacific Northwest, and the international scandal sweeping Europe and Australia. The thousands of pages of clergy sex abuse and cover-up documents that victims were promised as a part of the 2007 LA Archdiocese settlement have been languishing in legal limbo.

But slowly and quietly, the scandal in California is heating up again. In the past few months alone, California courts have witnessed criminal convictions, on-going and upcoming civil sex abuse trials, and yes, the continued cover-up.

California is a clergy sex abuse powder keg ready to explode.

Unmonitored Predators Roaming Free

Last month, an Associated Press investigation, which started with a few of the legal documents available from the Los Angeles Archdiocese 2007 litigation, found:

…nearly 50 former priests and religious brothers from the LA archdiocese who live and work in 37 towns and cities across California, unsupervised by law enforcement or the church.

Another 15 are scattered in cities and towns from Montana to New York, while 80 more cannot be located despite an exhaustive search by attorneys representing those who have sued them for abuse.

But that is just the beginning.

Criminal Convictions – One South, One North

In the first two weeks of May 2011, two California priests were criminally convicted on charges of child sex abuse. In San Bernardino (in Southern California's Inland Empire), Fr. Alejandro (Alex) Castillo pled guilty to lewd conduct with a boy under 14. The crimes took place in 2008. The priest, who denied the allegations until the plea deal was announced, collected more than $20,000 from his friends and supporters to pay his bail in October 2010. The "Coalition to Exonerate Fr. Alex" has been quiet since the plea agreement was reached. Sentencing is scheduled for June 2011.

Castillo had a long career in Los Angeles, Sacramento and San Bernardino. Because he avoided a trial, Castillo's past and any cover-up will remain secret unless other victims come forward or a civil suit is filed.

On May 5, 2011 in Northern California's Monterey County, Fr. Antonio Cortes was sentenced to a year in jail for molesting a boy in 2009. According to press reports, the Diocese of Monterey is paying the priest $2500/month in living expenses.

Northern California: Wine, Agriculture, and a Whole Lotta Cover-up

The Diocese of Monterey has other problems. Fr. Edward Fitz-Henry, a priest originally from Ireland, has been accused of sexual abuse by two children, 20 years apart. Police are investigating the second report. The discrepancies begin with the accounts of what diocese officials knew about Fitz-Henry, when they knew it, and whether or not they did anything about it. According to the church's own reports, Fitz-Henry was sent to treatment for sex abusers after the first allegations surfaced, but the bishop allowed him to remain in ministry. All the while, Monterey's Bishop Garcia told parishioners that diocese. A civil suit has been filed.

In the Diocese of Stockton, Fr. Leo Suarez was removed from ministry in 2010 when he admitted in 2009 he had sexually abused a girl in 1991. The diocese claims that they have no idea where Suarez is now and that he will not be allowed to work as a priest.

But just like Monterey, Stockton's troubles are only starting. A judge has ruled that there is enough evidence for a civil sex abuse trial to proceed against popular priest Fr. Michael Kelly and the Diocese. Although there is enough evidence for a civil child sex abuse trial, Bishop Stephen Blaire thinks that there is not enough evidence to put the priest on leave. Kelly is still the pastor of St. Joachim's Parish in Lockeford.

A few miles away in Fresno, Fr. Eric Swearingen is still working as a priest, even after a jury found 9-3 that he had sexually abused a boy. The victim said that he would settle for $1 if the diocese would simply remove Swearingen from the priesthood. The trial ended in a mistrial, because jurors could not decide if the Diocese of Fresno was liable for Swearingen's behavior. Bishop John Steinbock decided that the jury had it wrong and let the priest keep his job. Steinbock passed away in 2010.

Head down south, and it doesn't get any better.

Sun, Sand and Abuse in Southern California

In the Archdiocese of Los Angeles, Martin O'Loghlen, a priest who admitted in the mid-1990s to sexually abusing a teenage girl and to being a sex addict, was only removed as a priest at Holy Name Parish and school in San Dimas when the New York Times called and asked questions. The Times also found out that O'Loghlen served on the Sex Abuse Advisory Board for the Archdiocese while he was being sued for child sex abuse (a case that eventually settled) and after he had admitted the crimes.

The Archdiocese claimed ignorance and clerical errors, and "fired" the vicar for clergy. Unfortunately, their claims of ignorance don't hold water: the Archdiocese had participated in the sex abuse lawsuit, the victim had been trying for years to get O'Loghlen removed, officials had full knowledge and documentation of the abuse and they even listed O'Loughen as an accused priest in their "Report to the People of God."

In Orange County, civil child sex abuse trials are scheduled in July 2011 against Fr. Alexander Manville and admitted serial predator Fr. Gus Krumm, two Franciscan priests. Krumm worked at Saints Simon and Jude Parish in the Diocese of Orange for 10 years, even though he had been implicated in a report about sexual abuse at St. Anthony Seminary in 1993. Orange Diocese officials kept Krumm in ministry for years after learning of a subsequent sex abuse settlement with one of Krumm's victims. Krumm later admitted the abuse.

The Franciscans fought all the way to the California Supreme Court to keep documents about their abusive clerics secret. They lost. Documents outlining the misdeeds of men such as Krumm, Manville and seven others, as well as the cover-up that ensued, should be available to the public later this year.

Former Orange County super-priest Michael Harris has two sex abuse trials scheduled for October 2011 and February 2012. Harris, who was the long-standing principal at Mater Dei High School in Santa Ana and the founding principal of Santa Margarita High School in South Orange County has been accused of abuse by more than ten kids. Settlements against him have cost the Diocese of Orange and Archdiocese of Los Angeles somewhere around the neighborhood $10 million.

Civil sex abuse trials are also pending in Los Angeles against the Archdiocese and incarcerated priest predator Michael Baker (the priest who self-disclosed to Cardinal Mahony in 1986, and then went on to abuse until 2001). Three sex abuse and cover-up cases against Baker and the Archdiocese and are scheduled to go to trial in June 2012, according to the victims' attorneys.

A civil sex abuse and cover-up trial is also scheduled in July 2011 against the Archdiocese and Fr. Fernando Lopez Lopez, who began abusing kids in Los Angeles soon after his arrival from Italy in 2001. He was arrested in 2004,convicted, and later deported.

Numerous cases are pending against Nicolas Aguilar-Rivera, a visiting Mexican priest who has been accused by at least 13 kids in the Archdiocese of Los Angeles. He fled the country after a warrant was issued for his arrest. These cases are relevant internationally because the victims allege that Aguilar-Rivera was protected by a Mexican Cardinal and hidden in LA.

Did you get all of that?

Honorable Mentions

I did neglect some of the honorable mentions, like the two California priests – one deported and convicted in England (James Robinson) and one fighting deportation (Patrick McCabe). Or Orange County Priest Luis Ramirez, who recently finished serving his sentence for a 2008 plea bargain for which Anaheim police and prosecutors wanted the priest a registered sex offender for life.

And let's not forget the big one: we are still waiting for the Los Angeles Archdiocese 2007 secret personnel files … But that's a story for another day.

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