The “Read-Back Jury” Frustrates Judge, Lawyers in Archdiocese Sex Abuse Case

PHILADELPHIA (PA)
Philadelphia Priest Abuse Trial Blog

Ralph Cipriano

They’re not a runaway jury, they’re a read back jury.

Jurors in the Archdiocese of Philadelphia sex abuse case keep asking for more testimony to be read back to them. On Monday, the jurors asked for the transcript of Father James J. Brennan’s canonical hearing to be read back. That’s the record of the 2008 church inquest made into sex abuse allegations against Father Brennan by Mark Bukowski. That was two hours of fun, but at least the jurors asked for something that had originally been part of the evidence presented at trial in this case.

On Tuesday, the jury asked for a read back on a document that had not been entered into evidence during the trial, now in its 12th week in Courtroom 304. Specifically, the jury asked for a transcript of Mark Bukowski’s testimony to the canonical court that investigated his allegations of sex abuse against Father Brennan. Bukowski has alleged that back in 1996, when he was 14, Father Brennan attempted to rape him.

This document was not part of the evidence in this trial, but excerpts were used by both prosecutors and defense lawyers to buttress their cases. Tuesday, the jury asked Judge M. Teresa Sarmina for permission to read the entire document, and the judge granted that request over the strenuous objections of Father Brennan’s defense attorney, William J. Brennan.

Brennan complained that by allowing the transcript to be read into the record, the judge was in effect permitting the alleged victim, Mark Bukowski, to make a second appearance in the courtroom, only this time he could not be subject to cross-examination.

“I think you’re dead wrong on the law,” Brennan told the judge.

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