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Catholic Diocese of Erie and grand jury report: the latest
By Ed Palattella And Madeleine O’neill
[with video] The report also covers 5 other Roman Catholic dioceses in Pennsylvania. The latest on the release of the grand jury report on sex abuse in the Catholic Diocese of Erie and five other Roman Catholic dioceses statewide: 4:20 p.m. The grand jury said its report names 301 priests, and that its investigation revealed at least 1,000 child victims. The grand jurors make several recommendations in light of the report, including rolling back the statute of limitations in criminal and civil cases. From the report: “First, we ask the Pennsylvania legislature to stop shielding child sexual predators behind the criminal statute of limitations. Thanks to a recent amendment, the current law permits victims to come forward until age 50. That’s better than it was before, but still not good enough; we should just get rid of it. We heard from plenty of victims who are now in their 50s, 60s, 70s, and even one who was 83 years old. We want future victims to know they will always have the force of the criminal law behind them, no matter how long they live. And we want future child predators to know they should always be looking over their shoulder — no matter how long they live. “Second, we call for a ‘civil window’ law, which would let older victims sue the diocese for the damage inflicted on their lives when they were kids. We saw these victims; they are marked for life. Many of them wind up addicted, or impaired or dead before their time. The law in force right now gives child sex abuse victims twelve years to sue, once they turn 18. But victims who are already in their 30s and older fell under a different law; they only got two years. For victims in this age range, the short two-year period would have expired back in the 1990s or even earlier — long before revelations about the institutional nature of clergy sex abuse. We think that’s unacceptable. These victims ran out of time to sue before they even knew they had a case; the church was still successfully hiding its complicity. Our proposal would open a limited ‘window’ offering them a chance, finally, to be heard in court. All we’re asking is to give those two years back. “Third, we want improvement to the law for mandated reporting of abuse. We saw from diocesan records that church officials, going back decades, were insisting they had no duty to report to the government when they learned of child abuse in their parishes. New laws make it harder to take that position; but we want them tighter. The law penalizes a ‘continuing’ failure to report, but only if the abuse of ‘the child’ is ‘active.’ We’re not sure what that means and we don’t want any wiggle room. Make it clear that the duty to report a child abuser continues as long as there’s reason to believe he will do it again — whether or not he’s ‘active’ on any particular day, and whether or not he may pick a different kid next time. “Fourth, we need a law concerning confidentiality agreements. They’ve become a hot topic in recent months in sexual harassment cases — but it turns out the church has been using them for a long time. The subpoenaed records contained quite a few confidentiality agreements, going back decades: payouts sealed by silence. There are arguments on both sides about whether it’s proper to use these agreements in securing lawsuit settlements. But there should be no room for debate on one point: no non-disclosure agreement can or should apply to criminal investigations. If the subject of a civil lawsuit happens also to concern criminal activity, then a confidentiality agreement gives neither party either the right or the obligation to decline cooperation with law enforcement. “All future agreements should have to say that in big bold letters. And all this should be enacted into a law.” 4:05 p.m. Erie Catholic Bishop Lawrence Persico issued the following statement in response to the release of the grand jury report: “Today, I want to express my sorrow directly to the victims of sexual abuse that occurred within the Diocese of Erie. “You have suffered in darkness for a very long time. “As the grand jury report demonstrates, you have experienced unimaginably cruel behavior by the very individuals who should have had the greatest interest in protecting you. You were betrayed by people holding themselves out as servants of God, teachers of children or leaders in the community. “Each of you has your own story, with pain and grief that is unique to you. I do not presume to know the depth of the anguish you have experienced or the mixed emotions you may be feeling now that some of your stories have been made public. I do know that the consequences of sexual abuse can profoundly affect many aspects of life, from mental health and relationships, to employment and even faith in God. “Many of you say you continue to feel guilty for what occurred. I want to assure you that you are not responsible, in any way, for what happened to you. I admire those of you who were able to come forward and testify. “It surely took courage. I also understand those who did not feel able or ready to come forward in this way. As I said, each of you is on your own journey. “And so, I humbly offer my sincere apology to each victim who has been violated by anyone affiliated with the Catholic Church. I hope that you can accept it. I know that apologizing is only one step in a very long and complex process of healing. “You may be aware that we recently unveiled new policies and implemented procedures to ensure that this criminal behavior is stopped. We just released another update of our website today, adding names in light of the grand jury report. This is one sign of our commitment to transparency. “But this is not the moment to focus on our efforts. Today, I simply stand before you, humbled and sorrowful. I know the abuse you endured continues to cause great pain in your lives and in the lives of those who love you. Because of the report, the public will begin to understand your pain in a new way. The men and women who served on the grand jury have spent two years listening to your stories. I am grateful for their service on this difficult assignment. “The grand jury has challenged us as a Catholic diocese to put victims first and to continue to improve ways to protect children and youth. We have heard that challenge, we acknowledge it, and we accept it. “Today, I pledge to victims: ‒ The Diocese of Erie will not shroud abusers in secrecy — no matter who they are or how long ago the abuse occurred. We acknowledge the abuses of the past and are committed to being transparent with our decisions going forward. ‒ Allegations of abuse will always be turned over to the proper authorities for investigation. We plan to continue providing law enforcement with details through our own independent investigations as well. ‒ We will continue to publicize and provide counseling and related resources that are available to help you heal. ‒ We understand it can take time to come forward and report abuse. The Diocese of Erie offers to pay for counseling of abuse victims, no matter how long ago the abuse occurred or whether victims still live within the Diocese of Erie or not. ‒ I am willing to meet with any victim who wishes to meet with me and offer any pastoral support that I can. “Finally, I know the whole community is being deeply affected by the release of this report, and that people will respond in many different ways. As the leader of the Catholic Church in northwest Pennsylvania, I invite the faithful to join me in turning to God in this moment of darkness. Prayer must be one aspect of our response to the grand jury report. Therefore, I have asked all of our pastors to open the doors of their churches from 7 a.m. to 7 p.m. on Saturday, Sept. 15 — the feast of Our Mother of Sorrows. “I invite all people to make time on that day to visit a church. Out of respect for each individual, I simply ask that you spend some quiet time there in prayer. You may want to pray for victims. You may be a victim yourself and wish to use the time to pray for healing. You may want to pray that the leaders of the church renew their commitment to Christian discipleship, providing strong moral leadership. You may want to pray for the grace and faith you need in your own life at this time. However you are inspired by the Holy Spirit, I invite you to come and pray. “We have much work to do to rebuild trust, in a church where leaders have failed. I commit myself and this diocese to assist in healing for victims and, in fact, for the wider community.” 3:45 p.m. In releasing the grand jury report, Attorney General Josh Shapiro praised Erie Catholic Bishop Lawrence Persico and faulted Persico’s predecessor, Bishop Donald W. Trautman, for how the two handled allegations of abuse. “I want to single out Bishop Persico of Erie for his public actions recently signaling a new way forward for the church to respond to the sexual abuse scandal,” Shapiro said. “His response to this crisis actually gives me some hope. “While some bishops submitted written statements, Bishop Persico was the only one to testify before the grand jury in person. He told the grand jury the mishandling of complaints by his predecessors made him angry, and he wanted to do the right thing. He did.” The grand jury report says this of Persico: “One bishop, Bishop Persico of Erie, chose to appear in person before the grand jury. Cooperation with this investigation was not his first impulse. When the grand jury issued a subpoena many months ago, the Diocese of Erie, on advice of counsel, withheld material. We got the documents anyway using a search warrant. At that point, the bishop decided things were on the wrong track. He switched lawyers and resolved to take a different approach. That decision eventually led him to meet us, face to face. “Bishop Persico told us that he has come to a greater understanding of the scope of the trauma embodied within the diocesan records, and that it has motivated him to develop a new policy. He said the mishandling of certain complaints by his predecessors made him ‘angry,’ and that he wanted to ‘do the right thing.’ “As a result, and in consultation with his legal counsel, he determined that upon receipt of any allegation of child sexual abuse, the Diocese will report the allegation to law enforcement, and relinquish any relevant records. Moreover, Persico stated that even where prosecution is not possible, the Diocese will hold offenders to a higher standard. “He spoke of an example in recent months where law enforcement was unable to charge a priest for exchanging inappropriate text messages with a teenage girl. Persico nevertheless removed that priest from any assignment within the Diocese of Erie.” The grand jury also cited Persico’s release, in April, of a list of priests and laypeople in the diocese who had been credibly accused of abuse or other inappropriate behavior with children. “We commend Bishop Persico for acknowledging past abuse, unmasking the abusers, and encouraging accountability,” the grand jury said in his report. “In his testimony we find hope.” 3:10 p.m. During a news conference in Harrisburg, Attorney General Josh Shapiro heavily criticized retired Erie Catholic Bishop Donald W. Trautman as Shapiro outlined the contents of the report, which is 884 pages. With attachments, the report is 1,356 pages. Shapiro pointed to Trautman and the Diocese of Erie as he cited examples of the church’s efforts to cover up sexual abuse. In the case of Former Fr. William F. Presley, Shapiro charged that Trautman lied to law enforcement and that the diocese intentionally curbed its own investigation in order to wait out the Pennsylvania statute of limitations “to avoid finding additional victims.” Shapiro said the diocese knew that Presley abused at least two children as early as 1987 but did not report the abuse to police. Diocesan officials met with Presley, and Presley did not directly deny the allegations, according to the grand jury report. But Shapiro said that diocesan officials eventually concluded his victims were “troubled and had psychological problems.” “The diocese chose to send Presley for evaluation by a doctor and they placed him right back in ministry,” Shapiro said. “Shortly thereafter, Trautman allowed Presley to remain in his position as Pastor and Administrator at the Assumption of the Blessed Virgin Mary Church in Sykesville, Jefferson County. In April 1996, Trautman appointed Presley to a new six-year term as Administrator to this Church, where Father Presley remained until his retirement in 2000,” the report states. In 2002, three victims notified Trautman of sexual abuse by Presley between 1963 and 1974. Trautman then called Presley, who admitted the abuse, on April 18, 2002, according to the report. “Trautman revoked Presley’s priestly faculties later that year,” the report states. The report also states that Trautman later issued a “false and misleading” release about allegations against Presley in response to questions from the media. Trautman later that year communicated with the Vatican about Presley, reporting that information provided by a doctor counseling one of Presley’s victims “confirmed (Trautman’s) suspicion that there are even more victims of the sexual abuse and exploitation perpetrated by Presley,” according to the report. As the diocese worked to formally remove Presley from the priesthood in 2005, other witnesses were interviewed and more possible victims were identified. Monsignor Mark Bartchak led the investigation and sent a confidential memo to Trautman asking whether he should continue to follow up on potential leads. Bartchak documented a meeting with Trautman in which he stated, “Bishop Trautman decided that in order to preclude further scandal, these additional witnesses should not be contacted,” according to the report. In July 2006, Trautman wrote to the Lancaster County district attorney and reported that Presley had been defrocked and that the diocese had received credible allegations of abuse against him. Presley had moved to Lancaster. “Trautman falsely wrote, ‘We were unaware of these allegations until they came to light only a few years ago,’” the grand jury wrote. Shapiro pointed to this case as an example in his statement Tuesday afternoon. “The grand jury found this report to law enforcement was another lie,” Shapiro said. “The truth is Trautman and the diocese of Erie intentionally waited out the statute of limitations and curbed their own investigation to avoid finding additional victims.” Shapiro also criticized Trautman for being more open about the allegations in communications with the Vatican. “The diocese and Trautman were telling the public and the faithful one thing while they were telling the Vatican an entirely different story,” he said. Trautman, in a statement his lawyer issued, defended his handling of abuse allegations while he was bishop from 1990 to October 2012. Trautman is on vacation this week, the dioceses said. Trautman, among other things, said that he had met with then Erie County District Attorney Brad Foulk in 2002 to review the files of priests accused of abuse. Foulk at the time said the statute of limitations had expired for any prosecutions. “These are not the actions of a Bishop trying to hide or mask pedophile priests to the detriment of children or victims of abuse,” Trautman said in his statement. “I did not move priests from parish to parish to cover up abuse allegations or fail to take action when an allegation was raised. “A close reading of not just my Response, but of the grand jury Report itself, demonstrates this. There simply is no pattern or practice of putting the Church’s image or a priest’s reputation above the protection of children. The many victims whom I personally counseled will surely attest to this. I stand on my record.” 2:15 p.m.: The grand jury report is released shortly after 2 p.m. The report summarizes the grand jury’s findings on the Catholic Diocese of Erie, and lists 41 offenders. They are as follows, with two names redacted because those individuals are challenging the contents of the report:
1) Michael J. Amy 41) Redacted The summary: “The Grand Jury uncovered evidence of child sexual abuse committed by priests in the Diocese of Erie. Evidence showed that Roman Catholic priests engaged in sexual contact with minors, including grooming and fondling of genitals and/or intimate body parts, as well as penetration of the vagina, mouth, or anus. The evidence also showed that Diocesan administrators,including the Bishops, had knowledge of this conduct and yet priests were regularly placed in ministry after the Diocese was on notice that a complaint of child sexual abuse had been made. “This conduct enabled offenders and endangered the welfare of children. Evidence also showed that the Diocese made settlements with victims and had discussions with lawyers regarding the sexual conduct of priests with children. Further, these settlements contained confidentiality agreements forbidding victims from speaking about such abuse under threat of some penalty, such as legal action to recover previously paid settlement monies. “Finally, the Grand Jury received evidence that several Diocesan administrators, including the Bishops, often dissuaded victims from reporting abuse to police, pressured law enforcement to terminate or avoid an investigation, or conducted their own deficient, biased investigating without reporting crimes against children to the proper authorities.” 11:35 a.m.: The Catholic Diocese of Erie announced that Bishop Lawrence Persico will hold a news conference at 3:45 p.m. on Tuesday to comment on the grand jury report that is to be released at 2 p.m. Persico will make a statement and take questions, the diocese said. The news conference, at St. Mark Catholic Center in Erie, will be livestreamed on the GoErie Facebook page and the diocese’s Facebook page. 10:28 a.m. What is expected to be one of the most sweeping documents of its kind is scheduled to become public on Tuesday afternoon with the release of the report of the grand jury that spent two years investigating sex abuse in the Catholic Diocese of Erie and five other Roman Catholic dioceses statewide. Pennsylvania Attorney General Josh Shapiro, whose office ran the investigation, is scheduled to hold a news conference in Harrisburg at 2:01 p.m., a minute after the grand jury report is to be unsealed and released under guidelines that the state Supreme Court issued on July 27. The Attorney General’s Office will livestream its news conference on its Facebook page. The other dioceses under investigation are in Allentown, Greensburg, Harrisburg, Scranton and Pittsburgh. The other two Roman Catholic dioceses in Pennsylvania, in Altoona-Johnstown and Philadelphia, were the subjects of previous grand jury reports. The report on the six dioceses is expected to be nearly 900 pages. It examines how the dioceses handled allegations of child sexual abuse made against clergy and others affiliated with the Catholic Church. The report names more than 300 “predator priests,” according to court records. Erie Catholic Bishop Lawrence Persico, in office since October 2012, testified before the grand jury about what the 13-county, 202,000-member Diocese of Erie has done to update its child-protection policy. Persico in April took the unprecedented step of releasing names of clergy and laypeople whom the diocese has determined were credibly accused of abuse or other improper behavior that endangered minors. Persico has also said that the grand jury report includes information that is new to him. He has described its contents as sobering and “not an easy read.” Persico and the bishops of the other five dioceses received advance copies of the report in an arrangement with the Attorney General’s Office. Not all of the report will be public. Sections will be blacked out, or redacted, due to challenges some named in the report have filed with the Supreme Court, which will hold hearings on those arguments in September. Retired Erie Catholic Bishop Donald W. Trautman dropped his challenges to the report on Aug. 3, and Persico was the first of the bishops in the six dioceses to state that he had no objections to the release of the report as written.
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