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Pennsylvania Supreme Court Wrong to Block Report on Church Abuse

By Chris Freind
The Mercury
June 27, 2018

http://www.pottsmerc.com/article/MP/20180627/NEWS/180629774

Chris Freind

Ahh! Summer. The time of year for ballgames, barbecues, the shore – and the cover-up of a cover-up.

That’s right. Just when it seemed like no one was paying attention, the Pennsylvania Supreme Court sneakily issued an injunction prohibiting the release of a sweeping 800-page grand jury report detailing sexual abuse in six Catholic dioceses.

In allowing the pedophilia scandal - that for decades has plagued children of churchgoers – to once again avoid the light of day, thereby victimizing the victims anew, the court surely had good reason. Right?

Uhhh ... no.

Actually, there was no reason at all. In fact, not only didn’t they originally explain their bizarre ruling, but in an unusual move, none of the justices signed their names. How’s that for guts?

In a two-paragraph, six-line ruling, the court simply stated that it found in favor of plaintiffs who were fighting to keep the report sealed.

And who are the people or institutions that don’t believe sunshine would be the best antiseptic to help heal wounds of the past?

Well, we don’t know that, either. The plaintiffs’ names are also secret.

Some say the “fix” is in. But that’s wrong. The system isn’t fixed. It’s broken.

Several points in this travesty of justice:

1) Sure, we don’t officially know who sued for the injunction. But we can narrow it down by asking the most basic question: Who benefits from burying the report? Inquiring minds want to know.

Maybe it’s Big Bird, the neighbor’s dog, or the tooth fairy. But probably not.

A few common sense guesses: The church itself; abuser priests past the statute of limitations not wanting to expose themselves (or, at least, not that way); and those who enabled and covered up the crimes.

Perception is reality. And here’s the reality: Given widespread public anticipation of the grand jury report, the vast majority – correctly or not – are blaming the Catholic Church for the latest blow.

Add in the church’s long and well-documented history of cover-ups, both worldwide and here in Pennsylvania, and it’s easy to see why such a belief isn’t conspiratorial. Quite the opposite, to not think the church was responsible, directly or indirectly, would raise eyebrows.

For the record, while several bishops stated that they were not opposed to releasing the report, they didn’t exactly welcome it with open arms, either. And it’s not outside the realm of possibility that plaintiffs are “unofficially” acting as proxies of the bishops.

The smart move would have been to strongly endorse the report’s release while strenuously opposing the plaintiffs’ actions. If for no other reason, such a tactic would be rooted in self-preservation, since the report being blocked brings the church even more scorn, while the plaintiffs get everything they want without a scratch.

But, no surprise here – that didn’t happen.

2) Just this week, the court finally expounded on its decision. It stated that it blocked the report because “most, if not all, of the petitioners alleged that they are named or identified ... in a way that unconstitutionally infringes on their right to reputation and denies them due process based upon the lack of pre-deprivation hearing and/or an opportunity to be heard by the grand jury.”

Hmmm. Interesting legal speak. But not so fast.

True, Pennsylvania is one of the few states that recognizes the right of reputation (though the U.S. Constitution does not). And to be fair, if the whole point of blocking the report is to keep one’s name out of the public eye, then keeping the plaintiffs’ names confidential is understandable.

But this is a grand jury. Its job is not to adjudicate, but simply to investigate. And that it did, conducting a two-year investigation on an unprecedented scale.

It is not uncommon for grand jury reports to be publicly released, so there is no problem there. And the scope of abuse is on such an immense scale; lasted so long; was covered up so aggressively with charade after charade; and victimized so many (both the actual victim and his or her family), that there should have been zero reluctance to make the grand jury’s findings completely transparent. The failure to do so has compounded the public’s frustration exponentially, and the church has been left reeling.

3) This author is a fierce defender of individual rights, but sees no correlation between releasing the report and reputations being damaged. It’s not like the average Joe off the street is being named. Those who are referenced, while innocent until proven guilty, have obviously been involved in some substantial way, or they wouldn’t be in the report.

Remember, the grand jury isn’t pronouncing guilt; it is merely releasing the results of its investigation. Just as someone whose name becomes public when indicted, those mentioned are innocent until proven otherwise. The grand jury is simply documenting that person’s relationship with the issue at hand.

4) While we’re on the subject of “right to reputation,” it seems that the court forgot about the damaged reputations of some other folks – namely, the victims. In countless cases, especially from decades ago when church leaders commanded more respect, many victims were summarily dismissed by pastors and bishops, being told that they were imagining things.

In other cases, victims became pariahs in their parishes, and had their reputations dragged through the mud, as church officials called them outright liars for even discussing abuse. Not only was appropriate action rarely taken, but in many cases, victims and their families were discouraged from taking any additional steps and going public, with some being threatened with ridicule and excommunication. Even high-ranking church officials were not immune; many were told that if they cooperated with authorities, they would be subject to severe repercussions.

Due process shouldn’t be reserved for a select few. So why is it being so callously denied to those who most deserve it?

5) There have been many successful prosecutions of offenders, but many others have gotten off scot-free because of the statute of limitations. That, combined with cover-ups reaching the very highest levels (such as Cardinal Bernard Law and Pope John Paul II, both of whom had full knowledge of widespread abuse but undoubtedly looked the other way), makes releasing such a report so incredibly necessary.

Indictments may follow. But much more important, publicizing the grand jury’s findings would allow victims the long-awaited chance to tell their stories. From ridicule to vindication in front of the world’s spotlight, the ability to explain what really occurred would prove to be the single-best tonic for alleviating the pain – and getting on with one’s life. Let’s pray that it happens.

The church is at a crossroads. It can continue to defend the indefensible, drag its feet, and watch its flock dwindle.

Or it can tackle the obstacles head-on, admitting mistakes and renewing its commitment to purge its ranks of criminals and predators, starting with the push to release the findings. The more public pressure that is generated means the more likely it is the church will respond.

As a human, a parent, and yes, a faithful Catholic, I implore the church, for God’s sake, to end the preying, and start the praying. After all, it’s the most Catholic thing to do.

Otherwise, one’s parish might as well be called Our Lady Of Perpetual Obfuscation.

 

 

 

 

 




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