SECOND JUDICIAL DISTRICT COURT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
JOSEPH A. HAFERMAN, SCOTT M. BRUCE, MARK
SANCHEZ, GARY SANCHEZ, ROBERT J. CURTIS,
NOEL B. CLARK, EDWARD W. FRANCIS, GREGG
FRANCIS, ANDREW FRANCIS, MICHAEL D. SANDOVAL,
MICHAEL A. LOWE, DAVID L. CARAWAY, SCOTT C. DUVA,
and MATTHEW A. STEVENS,
ROMAN CATHOLIC CHURCH OF THE DIOCESE OF EL PASO,
TEXAS, a corporation sole, ROMAN CATHOLIC
DIOCESE OF WORCESTER, MASSACHUSETTS, a corporation
sole, THE SERVANTS OF THE PARACLETE, INC., a New
Mexico corporation and FATHER DAVID A. HOLLEY
[Note from BishopAccountability.org: We have converted the Holley affidavit
into a Web page by scanning the original
PDF version and checking the scan carefully
against the original. The affidavit makes reference to 27 exhibits drawn
from diocesan documents. For ease of use, we have linked those references
to the document exhibits themselves, so that the reader may click on the
reference and consult the document.]
FATHER DAVID A. HOLLEY, being duly sworn and upon oath, states:
1. I am a Defendant in the above-referenced case. I have
defaulted in the case as I have no non-exempt assets, no lawyer, and I
am currently in jail. However, I have been asked to provide an Affidavit
regarding my relationship with the Diocese of Worcester while I was at
Servants of the Paraclete, and I have agreed to provide this Affidavit
containing my sworn testimony.
2. I was born on August 2, 1927, and ordained as a Roman
Catholic priest of the Benedictine Order on May 31, 1958.
3. On May 11, 1962, I sought appointment as a diocesan
priest of the Diocese of Worcester, Massachusetts, making this request
of Bishop Bernard Flanagan. Exhibit
A. This request required the permission of the Benedictines and of
the Diocese of Worcester. On July 16, 1962, Bishop Flanagan notified me
and my Abbot that the Diocese of Worcester was accepting me for three
(3) years on an experimental basis. Exhibits
B and C. On October 31,
1962, I was appointed by the Diocese of Worcester as assistant pastor
at St. Philip's parish in Grafton, Massachusetts, Exhibit
D, and then to St. Mary of the Hills parish in Boylston, Massachusetts. Exhibit E. In 1967, the Bishop
of Worcester transferred me to our Lady of Fatima parish in Worcester. Exhibit F. On May 15, 1967,
I was officially incardinated to the Diocese of Worcester. Exhibit
G. By becoming incardinated to the Diocese of Worcester, I took a
vow of obedience to the Bishop of Worcester, agreeing to do as he directed,
and I was released from my vow of obedience to my Superior in the Benedictines.
4. My psycho-sexual disorder first began to manifest
itself in approximately 1962.
5. Before I became officially incardinated to the Diocese
of Worcester, Bishop Flanagan had received reports that I had sexually
molested boys in the above-referenced parishes. On at least two occasions
Bishop Flanagan called me in to discuss the allegations, cautioned me
against causing a scandal in the church, but he expressed no comments
about my victims. He said that my actions were a cause of scandal to the
Diocese of Worcester.
6. On August 17, 1968, after my incardination, Bishop
Flanagan wrote to Father Jerome Hayden, a priest-psychiatrist, informing
Father Hayden that I had sexually molested boys in the Diocese of Worcester
and placing me in Father Hayden's care for treatment. Exhibit
H. A month later, Bishop Flanagan appointed me to be assistant pastor
at St. Anne’s parish in Southboro, Massachusetts. Exhibit
I. There ware no restrictions on my faculties that I recall, and I
was concerned that I was again being given access to boys.
7. In 1969, I requested that Bishop Flanagan allow me
to be admitted to the Seton Psychiatric Institute for treatment of a psycho-sexual
disorder. The Bishop agreed, and I was admitted there, but retained some
of my priestly faculties. I also remained under the control of the Bishop.
For example, on May 6, 1970, the Bishop gave me permission to attend and
officiate at my brother’s wedding. Exhibits
J and K. In March of 1970,
Bishop Flanagan informed me that he would not rule out the possibility
of my returning to parish work in the Worcester Diocese. Exhibit
8. In December of 1970, I was discharged from Seton,
and the doctors issued a report to the Bishop. Exhibit
M. Around that time, my full faculties were restored, but I was unable
to get a parish assignment from Bishop Flanagan although I requested one
several times. Bishop Flanagan informed me that he would attempt to secure
a parish assignment for me outside of the Worcester Diocese. Other Dioceses,
however, including the Diocese of Wilmington, Delaware, and the Archdiocese
of Boston, Massachusetts, refused to accept me because of my psycho-sexual
disorder. Thereafter, Bishop Flanagan told me he wanted me to go to Servants
of the Paraclete in New Mexico. On March 23, 1971, I wrote to the Bishop
telling him I would prefer to stay at a Paraclete house in the East, like
their Vermont facility, but that I would do as he wished when he made
the arrangements. Exhibit N.
9. In September of 1971, Bishop Flanagan sent me to New
Mexico, and informed Servants of the Paraclete that the Diocese of Worcester
would be responsible for my care and treatment. Exhibit
O. I was ordered by Bishop Flanagan to leave the State of Massachusetts
and enter the program in New Mexico. Bishop Flanagan also directed me
by letter to go to New Mexico, and he sent me plane fare, on October 1,
1971. Exhibit P. I went to
New Mexico reluctantly and against my wishes, but out of obedience and
pursuant to the orders of my Bishop. It was clear to me that Bishop Flanagan
was fearful that if I stayed in Massachusetts I would repeat the acts
for which I had been in treatment, and that this would, in turn, cause
further scandal in the Diocese.
10. Prior to leaving for New Mexico, Bishop Flanagan
lifted all restrictions upon my priestly faculties since I would need
faculties to assist the Servants of the Paraclete in local ministry. Once
again, therefore, I had unrestricted faculties as a priest of the Worcester
Diocese. Bishop Flanagan instructed me to notify Father Joseph McNamara,
a Paraclete official, of the time of my arrival in New Mexico, and the
Bishop informed me that Father McNamara would direct someone to meet me
at the airport. Exhibit P.
11. When I arrived in New Mexico, Servants of the Paraclete
placed me in a house on Pajarito Road in Albuquerque where I remained
for almost exactly one (1) year. I was never taken to the Jemez Springs
facility. I was never given a psychiatric or psychological evaluation,
or a spiritual evaluation. No history of my problem was taken. I participated
in no therapy or treatment programs offered by Paraclete. I never met
with a Paraclete psychiatrist or psychologist. I was simply told by the
Superior at the Pajarito Road facility to see Dr. Donald Cummings at Lovelace
once a week. The Diocese of Worcester received and paid bills for my treatment, Exhibits Q and R,
I sent reports on my conduct to Bishop Flanagan, Exhibits
S and T, and he sent letters
to me, Exhibit U. Almost immediately
after I arrived at Paraclete, I was given parish assignments for week-end
work in the South Valley of Albuquerque. The Bishop of Worcester gave
me faculties to do this work and knew I was doing it. Additionally, I
believe Paraclete obtained faculties for me from the Archdiocese of Santa
Fe since I performed all the holy sacraments in these Albuquerque churches.
The Santa Fe Archdiocese could not have permitted me to perform the holy
sacraments in New Mexico without seeking and receiving permission from
the Diocese of Worcester and the Diocese of Worcester's confirmation that
I was in good standing there.
12. The Diocese of Worcester supported me financially
while I was in New Mexico, and I regularly performed work for the Diocese
of Worcester, as directed by the Bishop of Worcester, while I was in New
Mexico. For example, on December 27, 1972, the Bishop of Worcester wrote
to me transmitting money for my dental bills and transmitting Mass stipends
money for twenty-five (25) Masses. Exhibit
V. The Bishop directed me to say the twenty-five (25) Masses for parishioners
of the Worcester Diocese which I did in the chapel at Paraclete on Pajarito
Road. To explain further:
A. People in the Worcester Diocese would send in donations - usually
$3.00 to $5.00 - for Masses to be said for a loved one. The people asked
that a Mass be said to express their intentions to God for the well-being
of a loved one, for example. However, Worcester is a small diocese,
and the priests there could not accommodate all the Mass intentions.
B. Therefore, Bishop Flanagan sent the donations and prayer requests
to me in New Mexico with instructions that I, as a priest of the Worcester
Diocese, pray for the Worcester parishioners by saying Masses for them
in New Mexico to fulfill their spiritual intentions.
C. While in New Mexico, I regularly said Masses for Worcester Catholics
pursuant to Bishop Flanagan’s instructions, his transmittal of
the Mass stipends and his transmittal of the Mass intentions.
D. I could not have said Masses in New Mexico for Worcester Catholics
at the direction of the Bishop of Worcester without faculties from and
direction by the Bishop of Worcester.
13. The Diocese of Worcester also sought and received
reports on my treatment in New Mexico. Exhibits
W and X.
14. At all times that I was in New Mexico, I was a priest
of the Diocese of Worcester, acting for, on behalf of, and in accordance
with my vow of obedience to the Bishop of Worcester. The Bishop of Worcester
told me what to do, or gave me permission to do certain things, and I
15. I started working in Alamogordo in 1972, and I went
there with the permission of the Bishop of Worcester. While the Diocese
of Worcester did not directly receive financial benefit from my service
in Alamogordo, it received a benefit it very much wanted; namely, my absence
from the Worcester Diocese and the resultant abatement of the scandal
my behavior had caused. The Bishop of Worcester permitted me to go to
Alamogordo so as to achieve that benefit for the Worcester Diocese. My
faculties from the Diocese of Worcester remained intact while I was in
Alamogordo, and the Diocese of El Paso also granted faculties to me at
the request of Father Wilfred Diamond, a priest of the El Paso Diocese.
The El Paso Diocese could not have permitted me to perform the holy sacraments
in New Mexico without seeking and receiving permission from the Diocese
of Worcester and the Diocese of Worcester's confirmation that I was in
good standing there.
16. No one from the Worcester Diocese, including Bishop
Flanagan, ever objected to the exercise of my faculties at any parish
in New Mexico. In fact, Bishop Flanagan informed me that it was good to
know that I was actively engaged in pastoral ministry in New Mexico. Exhibit
U. Therefore, there is no question that, in addition to requiring
that I perform certain duties on behalf of Worcester parishioners, Bishop
Flanagan was well aware of my parish work in New Mexico.
17. My absence from the Diocese also gave the Bishop
an opportunity to determine what type of permanent assignment would be
appropriate for me. On December 7, 1972, I wrote to Bishop Flanagan informing
him that I was prepared to return to full-time ministry, and asking for
a permanent assignment in the East. Exhibit
Y. On December 27, 1972, the Bishop responded to my request by informing
me that he would need to contact my doctor and the Superior of the Paraclete
House before he made any decisions about my future outside of New Mexico. Exhibit V.
18. In September of 1977, the Bishop of Worcester gave
his consent to my temporary assignment in the Diocese of San Angelo, Texas. Exhibit Z.
19. In October of 1987, the Diocese of Worcester assured
the Archdiocese of Denver that I was a priest in good standing of the
Worcester Diocese. Exhibit AA.
20. Shortly before this lawsuit was filed in 1992, the
Bishop of Worcester directed me to leave Denver and check into the St.
Luke's Institute in Baltimore which I did since I remain a priest of the
Worcester Diocese. Indeed, since I was incardinated to the Worcester Diocese
in 1967, to the best of my knowledge I have never been excardinated from
the Worcester Diocese, nor has my laicization ever been sought, and I
remain a priest of the Worcester Diocese to this day.