El Paso Catholic Diocese Suspends Employee Accused of Pedophilia

By Matthew Smith and Leonard Martinez
KVIA
May 4, 2012

http://www.kvia.com/news/31011147/detail.html


EL PASO, Texas -- The Catholic Diocese of El Paso has indefinitely suspended Joe Tapia III, a youth minister at San Jose Catholic Church in the diocese, who has been arrested and charged with the sexual exploitation of children for allegedly receiving and producing child pornography.

It's a crime punishable by 15 to 30 years in federal prison.

"... Please be advised that prior to his arrest, neither Diocesan representatives nor San Jose Parish representatives had received any notice Mr. Tapia was allegedly receiving or producing child pornography. Prior to his selection as a youth minister, Mr. Tapia was subjected to a customary criminal background check, which did not reveal any adverse information. Mr. Tapia completed the Safe Environment and Sexual Harrassment Training provided by the Diocese of El Paso and was in compliance with the Charter for the Protection of Children and Young People. Since his appointment as a youth minister at San Jose Parish, there have been no complaints about his behavior. Mr. Tapia has been indefinitely suspended as youth minister for San Jose Parish pending a complete investigation of the allegations by the Diocese and San Jose Parish. The suspension is for an indefinite time period since the investigation by the Diocesan and San Jose Parish cannot interfere with the ongoing FBI investigation," said Deacon Carlos E. Rubio, Vice-Chancellor for the Catholic Diocese of El Paso, in a statement.

According to the diocese website, the Safe Environment and Sexual Harrassment Workshops "are for all volunteers and employees of the diocese and are necessary in order to provide a safe environment for all." The workshops are offered several times a year. The next workshop will take place May 12.

The Charter for the Protection of Children and Young People is a comprehensive set of procedures established by the United States Conference of Catholic Bishops in June 2002 for addressing allegations of sexual abuse of minors by Catholic clergy. The Charter also includes guidelines for reconciliation, healing, accountability, and prevention of future acts of abuse, according to the USCCB Website. The Charter directs action in all the following matters:

Creating a safe environment for children and young people

Healing and reconciliation of victims and survivors

Making prompt and effective response to allegations

Cooperating with civil authorities

Disciplining offenders

Providing for means of accountability for the future to ensure the problem continues to be effectively dealt with through a national Secretariat of Child and Youth Protection and a National Review Board

On Friday morning, it was a scene rarely viewed within a federal courtroom: family and friends of an accused pedophile praying for a miracle.

As Tapia waited inside Judge Garney's courtroom at El Paso's federal courthouse Friday, a number of the 10 people who arrived to support Tapia, a youth minister at San Jose Catholic Church in the Lower Valley, could be heard reciting prayers.

Their prayers were not answered. Tapia will remain in jail for the time being as Garney found him to be a "risk to the community," denying his council's appeal to allow him bond with a GPS bracelet that could monitor him.

In court, FBI Special Agent Jay Mortensen gave detailed accounts of how Tapia became the focal point of an investigation into child pornography.

Coworkers of Tapia's, who formerly worked at the Excel Learning Center, found child pornography on a work computer in October 2011, according to Mortensen, who told the court that the coworkers had checked his computer after the president of their company had directed them to do so.

Tapia's coworkers said they found chats with an individual representing a 16-year-old boy from Argentina. They also claim to have found photographs of young boys with exposed genitalia.

In March, the FBI searched Tapia's computer at Excel Learning Center and found pictures that appeared to be of children between the ages of 12 and 13 with their genitals exposed.

A search warrant was issued for Tapia's home on May 1, 2012.

During the search, Mortensen said that Tapia waived his rights and admitted he shot video and took photos of three boys on separate occasions, including two boys that were under the age of 18. He also told investigators they would find 20-30 images of boys as young as 10 years old on his computer.

The first boy was talked to previously, but as recently as Thursday night, the FBI made contact with the second boy involved in the alleged activities.

The two boys, according to investigators, said Tapia made sexual contact with them. The young men, referred to as "T" and "J," did not know whether video or photos were taken, but admitted it could have been done while it appeared that Tapia was using his phone to text.

During the hearing, there appeared to be an argument over how the law was being used. Tapia's attorney was upset with the use of a law titled "sexual exploitation of a child," arguing that it didn't seem to match what was being said.

The judge disagreed, saying, "I don't understand the question you're having here," after explaining what he felt fell under the law.

The issue was brought up again, with Garney saying that it was reasonable to assume probable cause after Tapia's statements to investigators, saying he was making a reasonable inference.

Before making the decision that Tapia would not receive bond, Garney said, "History shows these types of cases grow exponentially. It may, or may not, happen in this case. I don't know."

The prosecutor would not say if more charges could be filed against Tapia, but added that the federal grand jury would have a final say in that matter within 30 days.

Tapia's friends and family declined to comment on what they knew, or what they believed at this point in time, as they exited the courthouse.