Minnesota priest abuse verdict points to challenges of prosecuting older cases

MINNESOTA
Star Tribune

By Jean Hopfensperger Star Tribune MAY 30, 2015

Soon after a Dakota County jury acquitted Francis Hoefgen of criminal sexual misconduct with a former altar boy, St. Paul attorney Jeff Anderson released evidence that the jury did not hear — documents in which the former Catholic priest admitted to police that he had sexually assaulted a different teenage boy in 1984.

The latest documents add to more than 50 pages already available about Hoefgen, 64, a priest identified as credibly accused by St. John’s Abbey in Collegeville, Minn., and whose trial was monitored by victims’ advocates across the country.

Advocates, including Anderson, claim the acquittal amounts to a “travesty of justice.” Legal experts say it underscores the difficulties of prosecuting older child abuse cases as Minnesota enters a new era of exposing clergy sexual offenders.

“These are extremely challenging prosecutions,” said Marci Hamilton, a law professor at Yeshiva University in New York and a national expert on clergy abuse litigation. “Evidence can be strong about a pattern of abuse, but not about the incident in a particular case. There must be evidence about this crime, by this perpetrator and this victim, to put someone away.”

Prior sexual misconduct can be admitted as evidence in the growing number of civil court cases filed in Minnesota courts, which now number 44. However, for the handful of criminal cases in play, it will be up to a judge to determine.

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