NEW EVIDENCE MAY PARTIALLY VINDICATE PENNSYLVANIA PRIEST CONVICTED OF SEX ABUSE, by Joseph Pelletier, Church Militant (February 3, 2016)

NEW EVIDENCE MAY PARTIALLY VINDICATE PENNSYLVANIA PRIEST CONVICTED OF SEX ABUSE

JOHNSTOWN, Penn. (ChurchMilitant.com) - New evidence is emerging in the case of a Pennsylvania priest convicted of sex abuse.

A federal judge heard claims Tuesday that prosecutors withheld evidence against Fr. Joseph Maurizio, 70, who was found guilty in September of repeated sexual abuse over the course of several years while acting as a missionary in Honduras.

The convictions include sexually abusing children at the ProNino orphanage in El Progresso, using orphanage funds to pay for sexual favors from "street children" and taking a photo of a naked child.

According to Tuesday's hearing, a statement by one of the alleged victims known as Erick had not been brought forth during the trial, and involved the boy admitting to officials that he hadn't been "abused" by Fr. Maurizio. "Perhaps they think he really abused me, but that was not the case," Erick had informed the team of investigators.

Assistant U.S. Attorney Amy Larson asserts that in the mind of the alleged victim, the word "abuse" refers to a specific sex act, as the boy later elucidated his statement and confirmed that the priest had indeed fondled him. This, says Larson, is in line with his testimony.

Defense attorney Steven Passarello, however, contends that had this information not been withheld it could have created doubt in the prosecution's case; for this Passarello officially filed a rehearing request with the U.S. District Court for the Western District of Pennsylvania, arguing for a retrial.

In response, U.S. District Judge Kim Gibson canceled Tuesday's planned sentencing of Fr. Maurizio and instead granted the request for a rehearing.

Passarello is claiming the withholding of evidence violates Brady v. Maryland, a 1963 U.S. Supreme Court decision that held that concealing exculpatory evidence violates due process "where the evidence is material either to guilt or to punishment."

"This evidence is clearly, clearly Brady material," Passarello insisted, claiming that the "newly discovered evidence" proves Erick was the "linchpin" of the case and that the statement had been intentionally withheld.

Larson shot back, calling the new evidence "a single statement taken completely out of context", to which Judge Gibson asked if the prosecution had ever considered Erick's statement to be "Brady material."

Tuesday's hearing was dismissed without a definite ruling from the judge, although he remarked that "it's pretty clear [the new evidence] is favorable to the defense." He stated that he plans to issue an opinion approving or denying the request for retrial, although it is unclear when that will occur.

During the initial trial, Gibson had dismissed charges of sexual abuse levied against Fr. Maurizio after one of the plaintiffs retracted his accusations. Prosecutors attempted to argue that the victim backtracked on his claims owing to feelings of shame, but the charge was thrown out for lack of evidence.

According to Passarello, Maurizio himself — who was suspended by the diocese of Altoona-Johnstown after the charges were filed against him in 2014 — maintains his innocence. He previously served at Our Lady Queen of Angels Catholic Church in Central City, Pennsylvania, and self-ran Humanitarian Interfaith Ministries, a charity based out of Johnstown.