Ag, Cambria Judge Meet on Child Sex Abuse Case

By Jocelyn Brumbaugh
The Tribune-Democrat
July 20, 2018

http://www.tribdem.com/news/ag-judge-meet-on-child-sex-abuse-case/article_ed9a6bd4-8ba3-11e8-a375-db7516e04eaa.html

Pennsylvania Attorney General Josh Shapiro, several of his staff and attorneys representing clergy named in a still unreleased grand jury report regarding child sexual abuse across six Catholic dioceses attended a hearing behind closed doors in front of Cambria County President Judge Norman Krumenacker III on Thursday.

Shapiro, along with Senior Deputy Attorney General Daniel Dye, were in Krumenacker’s courtroom for approximately 90 minutes.

Krumenacker, who oversaw the 40th statewide investigating grand jury, confirmed the hearing involved the Pennsylvania Supreme Court’s July 6 opinions detailing the deadlines for briefs to be submitted by attorneys representing those named in the report as well as representatives of the state attorney general’s office.

The Pennsylvania Supreme Court on June 20 halted the release of the nearly 900-page report that was the result of a two-year investigation into child sexual abuse within the Roman Catholic dioceses in Allentown, Scranton, Harrisburg, Greensburg, Pittsburgh and Erie.

Pennsylvania Attorney General Josh Shapiro (left) gestures during an April 2017 interview at The Tribune-Democrat in Johnstown. David Wade, the AG's director of policy and planning, is looking on in the background.

A subsequent opinion released by the high court detailed some of the reasons for issuing the stay, which was requested by unnamed parties.

“Many individuals have lodged challenges” to the report with Krumenacker, the state Supreme Court opinion says, “generally asserting a denial of constitutional rights.”

The opinion said: “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.”

The opinion also said a temporary stay was appropriate to allow time for essential judicial reviews, consideration of constitutional claims made and to gather more information to address the petitions under review.

“The Court intends to revisit the stay order when the proceedings before it have advanced to a stage at which either the petitions for review can be resolved, or an informed and fair determination can be made as to whether a continued stay is warranted,” the opinion concluded.

Shapiro’s office later announced plans to file an objection to that stay.

“I continue to urge the public to be patient with the process,” Krumenacker told The Tribune-Democrat following Thursday’s hearing with Shapiro, Dye and attorneys for those mentioned in the report.

Judge Norman Krumenacker III

Joe Grace, communications director for Shapiro, declined to comment on Thursday’s proceedings.

Upon exiting Krumenacker’s courtroom just before 3 p.m. Thursday, Shapiro also declined to comment.

On June 5, Krumenacker issued an 11-page public opinion denying a series of motions seeking evidentiary hearings to dispute parts of the report before individuals' names appear with any allegations.

Krumenacker said granting such hearings would undermine the investigative role of the state’s grand jury.

“Adopting the position advanced by the movants would fundamentally change the Grand Jury Act’s procedures, change the historical function of grand juries and effectively bring the grand jury process to a halt, turning each investigation into a full adjudication,” Krumenacker wrote.

Krumenacker’s opinion also noted that release of the report would support the state’s interest in preventing child abuse, providing justice to abused children and protect abused children from further abuse by identifying abusers and those who enable them.

Responses to Krumenacker’s opinion – along with most of the filings following the Pennsylvania Supreme Court’s stay – were sealed, but the state Supreme Court filing says “affected individuals have filed multiple petitions for review, along with emergency applications for stay.”