"It's a Public Shaming:" Pa. Supreme Court Hears Arguments on C.q. Smith Grand Jury Report

By Dylan Segelbaum
York Daily Record
September 10, 2019

https://www.ydr.com/story/news/watchdog/2019/09/10/pennsylvania-supreme-court-oral-arguments-grand-jury-report-c-q-smith-boy-scouts/2277064001/

PHILADELPHIA — Brian Platt appeared before the Pennsylvania Supreme Court on Tuesday to argue that a grand jury report that names Charles Quinton “C.Q.” Smith should never see the light of day. He was finished in less than five minutes — and after facing minimal questions.

Charles Quinton "C.Q." Smith is seen in a picture in the Chambersburg Public Opinion in 2006. (Photo: File photo)

Platt and Stephanie Cesare represent Smith, a pillar of the Chambersburg community who served as scoutmaster of Boy Scout Troop 127 from 1966 to 1991. A York Daily Record/Sunday News investigation revealed that he had been the subject of the grand jury inquiry, which was into allegations of decades of sexual abuse.

The statute of limitations has expired, and Smith cannot be criminally charged. Franklin County President Judge Carol L. Van Horn, who supervised the grand jury, ordered for the report to be publicly released, writing that Smith was “afforded all the protections of due process.”

But Smith has asked the state Supreme Court to permanently seal the report, or, alternatively, to shield his identity. He’s only identified in court records by his initials, C.S., and is anonymously proceeding in the petition.

Platt came with two arguments, but his position that the grand jury report wasn’t a type that’s authorized under the law appeared to receive the most attention. The Grand Jury Act defines a report as being about conditions “relating to organized crime or public corruption or both; or proposing recommendations for legislative, executive, or administrative action in the public interest based upon stated findings.”

“This report is based solely on obtaining extrajudicial justice,” Platt said.

Oral arguments were the latest step in the judicial process. It’s unclear when — or how —the justices will rule in the case.

Smith’s name wasn’t used during the proceedings inside a courtroom at Philadelphia City Hall. But there were several mentions of Boy Scouts.

Eight men have told the York Daily Record that Smith, 80, sexually abused them or engaged in some other form of misconduct. They described actions that ranged from supplying alcohol to minors to committing sexual assault.

Smith testified before the grand jury. His testimony isn’t available. The judge’s opinion notes that he himself “estimated the number of victims of his abuse to be 16 to 18.”

In an interview, Smith denied the allegations. He acknowledged that he appeared before the grand jury but maintains that the judge misinterpreted his testimony.

Later, Franklin County District Attorney Matt Fogal argued that the grand jury report in the case was authorized under the law because the recommendations included administrative action from a borough.

It’s unclear if he was referring to Chambersburg, where a volunteer committee previously named Smith as recipient of the 2011 Mike Waters Chambersburg Citizen of the Year Award. Dave Finch, assistant borough manager, said on Monday that members had unanimously decided to rescind the honor.

Fogal found himself on the opposite side of Ronald Eisenberg, with the Pennsylvania Attorney General’s Office, who stated that he did not believe the grand jury report met the specific requirements in the law.

The state Attorney General’s Office oversaw a statewide grand jury investigation into widespread sexual abuse in six Catholic dioceses in Pennsylvania, which culminated in the release of a landmark report that named more than 300 “predator priests.”

But 11 clergy challenged the process. And the state Supreme Court ruled that permanently redacting their names and other identifying information was the only way to protect their constitutional right to reputation.

At one point, Justice David N. Wecht wondered whether grand jurors could’ve included a recommendation for Smith to walk around wearing a sandwich board that said, “I’m a child abuser.”

“You can’t prosecute him, so you want to shame him, name him,” said Wecht, who later added that the district attorney didn’t go to the Legislature to urge for changes in the Grand Jury Act. “Instead, you said, ‘We’re going to get this guy, one way or the other.’”

But Fogal pushed back.

Prosecutors, he said, weren’t sure where the investigation would lead when it began.

“We don’t know how many other victims are out there,” Fogal said. “We continue to try to locate people.”