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Diocese of Gaylord Priest Found Not Guilty of Sexual Assault Charges

By Jordan Spence
Gaylord Herald Times
July 21, 2017

http://www.petoskeynews.com/gaylord/featured-ght/top-gallery/diocese-of-gaylord-priest-found-not-guilty-of-sexual-assault/article_9654a217-10f1-5c59-bd00-b38d46079ff1.html

Jordan Spence/The Alpena NewsThe Rev. Sylvestre Obwaka stands during his trial in 53rd Circuit Court in Rogers City.

The Rev. Syvestre Obwaka was found not guilty of two criminal sexual conduct charges on Thursday, following approxmiately two hours of jury deliberation in 53rd Circuit Court. The trial lasted three days.

After the verdicts were read, Obwaka said “Jesus thank you,” as he was embraced by family and friends.

Obwaka was charged on two counts of criminal sexual conduct in February. He was charged with a count of first degree criminal sexual conduct with personal injury and third degree criminal sexual conduct force or coercion.

The alleged victim in the case is a male priest who also is part of the Diocese of Gaylord.

During his testimony, the victim said he first met Obkawa while he was in high school and has kept in touch through meetings and other priest functions. He was invited to speak to the students of St. Ignatius, the church Obkawa pastored in Rogers City, at a special Mass on Feb. 1.

Because the Mass was early, he stayed at the St. Ignatius Rectory, where Obkawa lived. The two shared some drinks and conversation before the alleged assault took place.

During closing arguments Prosecutor Ken Radzibon said the victim need not resist during an assault, the account of the night and more.

“When the (victim) went to St. Ignatius he was not just there for a lark or vacation. He was there by invitation of the defendant for certain priestly duties. He stayed and performed those priestly duties despite what happened the night before,” Radzibon said.

He said by reporting the incident, the victim knew his bishop would learn of it and other priests would learn of it too. Radzibon said that when the victim reported it to the police he knew it would become public.

“The victim knew it would become a public issue. It would be attendant with all the public exposure this case has generated. Furthermore, his own personal privacy, his own personal space over the painful memories that this incident brought would be brought into the public light. Reported on the evening news. Reported in the local newspapers. And yet, he did that. He had the strength and courage to do that. Why? Because he had a fantastic cover story to cover up a mortal sin? That’s preposterous,” Radzibon said.

In the defense’s closing statement, Matt Wojda, defense attorney, said the jury needed to focus on whether or not there was more than a reasonable doubt Obwaka committed the assault.

“The key element as you learned from the prosecutor and you’ve learned throughout this case. The key element on both counts is force or coercion. Consent is a defense for that. If you find that this situation was consensual take the rest of the elements, wad them up, toss them in the trash. You’re done. Your verdict is not guilty,” Wojda said.

The Diocese of Gaylord said Thursday that The Rev. Joseph Muskiewicz will continue as temporary administrator for the St. Ignatius parish and the Rev. James Fitzpatrick will continue serving as sacramental minister. Obkawa will remain on administrative leave from his priestly duties.

"When the allegations first came forward, the protocols for dealing with such matters within the church were initiated and subsequently suspended while the case moved through the civil court," a diocese press release said. "That process will now be resumed in an effort to address any ecclesial issues which may exist."

"This has indeed been a very sad time in our history," Bishop Steven J. Raica said in the release. "I ask for continued prayers for everyone involved as we move forward and, together, let us keep our eyes fixed on Jesus."

 

 

 

 

 




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