Judge Rules Quirk Must Testify

By John Mccabe
The Intelligencer
April 21, 2012

http://www.theintelligencer.net/page/content.detail/id/568975/Judge-Rules-Quirk-Must-Testify.html?nav=515

Monsignor Kevin Quirk, an aide to the Most Rev. Michael J. Bransfield, bishop of the Diocese of Wheeling-Charleston, will testify in the clergy sex abuse trial currently under way in Philadelphia, a judge has ruled.

Ohio County Circuit Judge Ronald Wilson issued the four-page ruling late Thursday. He said Quirk "is a material witness and that his live testimony at this trial, where he will be subject to direct and cross examination, is essential to ascertaining the truth."

Wheeling attorney William Kolibash, who is representing Quirk, confirmed his client will now testify in the case of the Rev. James Brennan, who's on trial in Philadelphia for an alleged 1996 child-sex assault. Brennan has denied those charges.

Also on trial with Brennan is Monsignor William Lynn, who is the first U.S. church official charged with allegedly protecting priests who abuse children.

Wilson's order states Quirk must appear to testify between April 29 and May 1.

Wheeling-Charleston Diocese spokesman Bryan Minor said, "We needed to have a valid legal process, which we do now have. Accordingly, Monsignor Quirk will appear."

Quirk presided over the 2008 canonical trial for Brennan. Wilson wrote in his ruling that Quirk's absence at the Philadelphia trial "could cause the defendants' constitutional rights to confrontation and meaningful cross-examination to be lost."

Quirk had contested the material witness petition issued by the Philadelphia District Attorney's Office.

"There has been no argument from Monsignor Quirk that being required to testify at this trial would cause an undue hardship or inconvenience," Wilson wrote.

Quirk is not subject to arrest on any prior civil or criminal matter during his time in Pennsylvania, the court there has noted.

Wilson held a hearing April 12 regarding the validity of the material witness petition issued by the Philadelphia District Attorney's office seeking Quirk to testify.

The city of Philadelphia is not able to directly subpoena Quirk to testify because he does not live in Pennsylvania, which required the district attorney's office there to involve the local courts in the matter.

During the April 12 hearing, Quirk also asserted he should not have to testify because he is protected by privilege.

"The admissibility of any testimony or the application for any claim for privilege is an issue to be presented to the Philadelphia court," Wilson wrote, noting the Archdiocese of Philadelphia already has released the transcript of the canonical trial to the district attorney.

The trial caused a stir earlier this week when a witness claimed Bransfield had also sexually abused boys.

Bransfield on Thursday denied that allegation and said he's deeply saddened by a scandal that's been linked to former colleagues and friends from a Pennsylvania seminary where he graduated in 1971.

Bransfield was anointed the eighth bishop of West Virginia in February 2005.