| Bishop Accountability
|
|||||
Note: The documents in this file are offered solely for educational purposes. Should any reader wish to quote or reproduce these documents for sale, the original publisher should be contacted and permission requested. BishopAccountability.org makes no claim regarding the accuracy of any document we post. Woman says local priest abused her By Steve Urbon An upstate New York woman has accused retired Fall River priest Robert S. Kaszinski of sexually molesting her for years when she was a teenager. She says she knows of at least two other women with similar stories to tell. The popular Rev. Kaszinski resigned in March when faced with an accusation of sexual misconduct dating to the mid-1960s, and many parishioners reacted with dismay and even anger that a single accuser, decades later, could have such an impact, because of the diocese's "zero tolerance" policies. But Joyce Nebush, born and raised in the heavily Polish-American St. Stanislaus parish in Fall River, wants the community and the world to know that there were others, and that she was one of them. Her story is a departure from the familiar refrain of priests preying on adolescent males. The former Joyce Chrupcala of Fall River said that when she stood at the altar of St. Stanislaus Church in the summer of 1971 and exchanged wedding vows with Frank J. Nebush Jr., she kept to herself the awful secret that the priest who stood before them, joining them in holy matrimony, had sexually abused her for years during her adolescence. Joyce Nebush said she kept that memory repressed for decades as she and her husband raised their family in upstate New York, near Utica. But in recent months, the torrent of news about sexual abuse by priests drove her to write a letter to the Diocese of Fall River and to the Rev. Kaszinski, the pastor at St. Stanislaus for more than a generation. She said she didn't want money, she wanted an apology. And she wanted her things back. "It's so silly," she said yesterday. "But I had a necklace with a piece of jade on it, and a class ring from high school, and a string of pearls from when I stood up in a cousin's wedding." She had decided to enter the convent, she said, and the Rev. Kaszinski had offered to keep them for her, she said. She hasn't gotten her things back, she said, and she hasn't gotten an apology. She has, through her attorney, received an offer of payment for her psychological counseling, and both she and her husband praise Bishop Sean P. O'Malley for being responsive in that regard. Coincidentally, her letters were mailed on the very day that the Rev. Kaszinski resigned. It was not her accusations that caused it to happen, her husband emphatically repeats. Mrs. Nebush, whose entire young life was steeped in the ways and institutions of the Roman Catholic Church, decided to leave the convent and enter nursing school in Boston, where she met her future husband on a blind date. They lived in Fall River for several years while he commuted to law school. Today he is the chief public defender in Oneida County, N.Y., and she works for Catholic Social Services in Utica, N.Y. But she has a new mission -- in fact, more than one. The first is to come to grips with her experience with the Rev. Kaszinski. She wants, she says, to tell the Fall River community that the priest was not responsible for just the one incident with which he was confronted by church officials in March on the day he resigned. No, she says, there were others. She was one, and she says she has spoken to another Fall River woman with extremely similar memories. "She'd start a story and I'd finish the story," Mrs. Nebush said, still incredulous. The abuse, she said, occurred regularly both in the rectory and at her family home on Hamlet Street. Once, she tried to report it. "When I was in high school (Mount St. Mary Academy in Fall River) at a retreat, I was standing in line at the conference room door," and she had decided to tell another priest what was going on, she said. "The priest told me it was my fault. I said to myself, 'Now where am I going to go with this?'" she said. The answer was: nowhere. "He was and is still such a beloved priest. I know God has given him such a gift of preaching and he was just a saint. No one was going to believe me." She said she kept silent about it, mentioning it only briefly early in her relationship with her future husband without identifying the specific priest. Otherwise, she left the past alone. But she said the memories came back in full force earlier this year amid all the news reports. After she sent her letter, family members still in the area put her in touch with Paul Krupa of Assonet, who said he knew of other alleged victims, she said. It was Mr. Krupa who brought a formal complaint against the Rev. Kaszinski to the diocese earlier this year. The priest resigned three weeks later. "The story is just beginning to unfold," said Mr. Krupa, a veteran Somerset High School science teacher. "This is going to involve many more girls than have been mentioned so far," he said. The allegations, Mrs. Nebush said, are in the hands of the diocese and the Bristol County district attorney. But the long-expired statute of limitations on offenses committed in the 1960s seriously impairs any attempt to pursue formal charges, and she hasn't heard back after agreeing to cooperate with an investigation. But her frustration has found an outlet in another one of Mrs. Nebush's missions: to organize a SNAP group in the Utica, N.Y., area. While she and her husband were in Dallas to meet and protest with other victims during the national bishops' conference, she was named spokeswoman for the Survivors Network of those Abused by Priests for all of New York state except New York City, she said. An article in her local newspaper three weeks ago has already drawn out at least six other victims of abuse by clergy, she said. Meanwhile, Mrs. Nebush continues to attend SNAP meetings in Natick, four hours away, and watch the mailbox with diminishing expectations for an apology from the Rev. Kaszinski. Mrs. Nebush's attorney, Courtney Pillsbury of the Boston law firm of Greenberg Traurig, was not available for comment yesterday. A spokesman for the Diocese of Fall River had no information available as of yesterday, either, and said he was unfamiliar with Mrs. Nebush's case. Priest's accuser still waiting for apology By Steve Urbon A 54-year-old woman from Utica, N.Y., who says she was the victim of sexual abuse by a charismatic Fall River priest when she was a teenager, says she has yet to receive an apology from the diocese of Fall River. [Photo Caption - Joyce Nebush, with her husband, Frank, says she was the victim of abuse by a Fall River priest and has yet to receive an apology. John Clifford/Daily Sentinel] But Joyce Nebush said she is pleased in one respect: The attention she has received has already caused at least one other victim of clergy sexual abuse -- from another area -- to contact her and seek help. Mrs. Nebush says she was sexually molested by the Rev. Robert S. Kaszinski, the retired pastor of St. Stanislaus parish in Fall River, for years while she was a teenager. Although the Fall River diocese yesterday issued a press release regarding her claims and expressing regret for the abuse she says she suffered, it has not issued her the apology she has been seeking, she said. In fact, she said yesterday, there has been no communication of any kind from the diocese to her. Contact has been made solely through her attorney, and it has involved payments for her therapy. In response to a Standard-Times story Tuesday, the diocese Office of Communications wrote, "The Diocese of Fall River profoundly regrets the abuse Mrs. Nebush suffered and expresses heartfelt sorrow for her and all victims of sexual abuse by clergy." Without making an explicit connection between the abuse and the Rev. Kaszinski, the diocese then said, "Father Kaszinski has not served in any ministry since the Diocese first learned of an allegation of sexual abuse against him." It then went on to describe the diocese's policies regarding sexual abuse by priests. "Shouldn't they be telling me?" asked Mrs. Nebush. "I have not received a phone call or anything in the mail or e-mail apologizing for anything." Diocese spokesman John Kearns said the statement was issued in response to press inquiries and was not intended to be a personal apology to Mrs. Nebush. He said he did not know whether there would be one, but underscored the fact that the diocese is paying for her therapy as part of its policy. No one answered the door yesterday at Rev. Kaszinski's Westport home, which he has owned since 1996. The phone number is unpublished. Mrs. Nebush is the first person to state publicly that she had been abused by Rev. Kaszinski. She and Assonet resident Paul Krupa, a classmate of Mrs. Nebush's who made the allegations that precipitated Rev. Kaszinski's sudden retirement in March, say there are six or more victims, at least two of whom, besides Mrs. Nebush, have retained lawyers. No civil lawsuits have been filed so far, however, and the statute of limitations has generally run out on offenses committed in the 1960s. Besides seeking an apology and the return of some jewelry that she once gave to Rev. Kaszinski when she entered a convent, Mrs. Nebush -- who later went to nursing school and now works for Catholic Charities -- said she wanted to make her story known so that victims of Rev. Kaszinski and of others would come forward and begin repairing the damage in their lives. DA's office interviews priest's accuser By Steve Urbon [Photo Caption - Joyce Nebush of Utica, N.Y., says Fall River priest Robert S. Kaszynski molested her for years in the 1960s while he was pastor of St. Stanislaus Church in Fall River. Bill Belknap//Standard-Times special] NEW BEDFORD -- The woman who last month accused Fall River priest Robert S. Kaszynski of molesting her for years as a teen-ager in the 1960s met yesterday with an investigator in the office of the Bristol County district attorney. The meeting followed an apology to the woman, Joyce (Chrupcala) Nebush of Utica, N.Y., by Bishop Sean P. O'Malley, dated June 26. In the letter, the bishop of Fall River said of the now-retired Rev. Kaszynski, "His actions have been a great source of pain for all of us." "As Bishop of Fall River," Bishop O'Malley wrote, "I wish to express to you my sincere sorrow for the suffering and anguish you experienced as a young woman resulting from the abuse caused by the misconduct of the Reverend Robert S. Kasynzski. That suffering and anguish, doubtless, continues to have an effect on your life." The diocese previously insisted that the Rev. Kaszynski's resignation after allegations earlier this year was not an admission of any wrongdoing. Mrs. Nebush returned to the area on Sunday to attend a Boston-area meeting of people who have been abused, to visit family, and sit down for about an hour with the district attorney's representative in New Bedford. She said little about the meeting except that she was told Rev. Kaszynski is likely to be interviewed soon, as well. The statute of limitations has expired on any offenses committed in the 1960s, but it is diocesan policy to report all allegations to the district attorney, whose office has refused to comment on such matters. Mrs. Nebush, who is New York state spokeswoman for Survivors Network of those Abused by Priests, said she is interested in starting a similar support group in the Fall River area if she gets enough inquiries. The bishop's letter, forwarded to Mrs. Nebush through her Boston attorney, Courtney B. Pillsbury, reminded Mrs. Nebush that the bishop authorized payment for her counseling, and that "I hope that through counseling, prayer, and the support of friends and family you may be able to regain a sense of peace and tranquility." The Rev. Kaszynski, he wrote, "has expressed his regrets to me. I hope that he will soon do so to you and your family." Mrs. Nebush said she has not seen or spoken to the Rev. Kaszynski since he offered the funeral Mass for her father about a decade ago. No one has answered the door at repeated visits to the Rev. Kaszynski's tidy home on Drift Road in Westport, which he has owned since 1996. "Since my arrival in the Diocese of Fall River," the bishop wrote, "I have endeavored to ensure the safety of children in our parishes and institutions. I shall continue this process in the hope that the suffering you have experienced will not be endured by a child again." Several other women who allege abuse by the Rev. Kaszynski during his 40 years as pastor of St. Stanislaus Church in Fall River have been more reticent than Mrs. Nebush. But it was their cases, not Mrs. Nebush's, that were brought to the attention of the diocese earlier this year by a former classmate, Paul Krupa of Assonet. Mrs. Nebush's charges were made independently, first in an upstate New York newspaper and then in Bristol County. The other accusers have not gone public, but rather are communicating with the attorney for the diocese through their attorney, Edward Pietnik of Raynham. Mr. Krupa said last month that his motivation for testifying about the alleged abuse was partly to help clear his conscience and make amends for not reporting earlier about the things he witnessed as a fellow parishioner, friend and student at St. Stanislaus School. The Rev. Kaszynski resigned immediately when confronted with Mr. Krupa's allegations, and although he no longer has an assignment, he remains a priest and continues to have many supporters within the parish. Mount Carmel Church to observe centennial By Robert J. Barcellos NEW BEDFORD -- Our Lady of Mount Carmel Church, the second of three Catholic parishes in New Bedford to serve a growing Portuguese-speaking population, will observing the centennial of its founding next month. A Solemn Mass will be celebrated at 4 p.m. Sept. 15 in the church at Rivet and Bonney streets in the South End. A banquet will be served at 6 at White's restaurant in Westport. Tickets for the banquet may be acquired at the rectory. In September 1902, the Rt. Rev. Matthew Harkins, then bishop of the Providence Diocese, announced a division of St. John the Baptist Church, created in 1871 as the first parish formed to serve Portuguese residents, and assigned the Rev. Joseph D. Nunes, to be in charge of the new parish. A third Portuguese parish, Our Lady of the Immaculate Conception Church, was created in 1909 for residents of the North End. The parish lines of Our Lady of Mount Carmel were to include the area south of a line drawn through the center of Rockland Street east to Acushnet Avenue, then to Potomska Street, and through Potomska Street to the west. Although land for a church had been acquired on the south side of Acushnet Avenue at Bonney Street, there was still no building. The Rev. Nunes at first conducted services at St. Hyacinth Church on Rivet Street, a discontinued parish that was formed to serve French-speaking residents. The cornerstone of the present house of worship was laid on July 4, 1903, and the basement was completed a year later, enabling the first Mass to be celebrated there on July 16, 1904, The church itself would be completed in September 1913. In its 100-year history, the parish has had only six pastors, this in part due to to the 56-year pastorate of the Rt. Rev. Antonio Pacheco Vieira, who became pastor on Dec. 13, 1907, and served until his death on March 27, 1964, just two days after turning 98. On his 75th anniversary, the late Richard Cardinal Cushing of Boston described him as the "patriarch of priests of the United States." A native of Feteira d'Achade, St. Michael, Azores, the future pastor and dean of Portuguese clergy -- he would become the oldest active Catholic priest in this country -- was ordained in September 1888 and arrived in this country in 1903. Four years later, he succeeded his former classmate, Father Nunes, as pastor, inheriting a parish of 3,000 and a church under construction. The new church -- red brick with distinctive twin towers -- was blessed on Oct. 12, 1913, and the $75,000 debt was cleared by 1923. Under Monsignor Vieira, the first parish school in this city for Portuguese-speaking students was established in 1941. Initially approved in 1929 by the bishop, the $200,000 project was delayed by the Depression. The Sisters of St. Dorothy were invited to staff the school with a new convent for them built in 1953. When the venerable pastor died, he was succeeded by the Rev. Jose Maria Bettencourt e Avila, a native of St. George, Azores, who served from 1964-74. He died in 1988. The fourth pastor, the Rt. Rev. Msgr. Luiz Gonzaga Mendonca, served from 1974-94 and was simultaneous vicar general of the Fall River Diocese from 1971-89. The New Bedford native received his priestly training at the Seminario Episcopal in Angra, Terceira, Azores, and returned to New Bedford. As a tribute to his sponsor, Msgr. Vieira, he was ordained at Our Lady of Mount Carmel Church on June 10, 1944, the first occasion in diocesan history in which an ordination had been carried out in in a church other than the cathedral in Fall River. Monsignor Mendonca died on Feb. 21, 1997, at 77 and his funeral Mass at Our Lady of Mount Carmel Church was attended by one cardinal, an archbishop, two bishops and numerous clergy. He was followed as pastor by the Rev. Henry S. Arruda and the current pastor, the Rev. John J. Oliveira. The Rev. Oliveira, previously pastor of St. John the Baptist Church, was assigned to Our Lady of the Carmel Church in June 2001 when the Rev. Arruda went to St. Anthony's Church in Taunton. The Rev. Oliveira leads a parish of just over 8,000, assisted by two parochial vicars, the Rev. Michael Camara and the Rev. Kevin Cook; a permanent deacon, Deacon Abilio dosAnjos Pires; and a seminarian, David Nichols, doing his pastoral intern year at the parish. Six Masses are celebrated every weekend in the parish; the 7 and 10 a.m. Masses are celebrated in Portuguese. More than a dozen years ago, the parish undertook a major renovation of the church, with Masses during the first year of the three-year project being celebrated in the parish school. The-pastor Monsignor Mendonce, described the project as "a complete and total renovation and modernization of the church, bringing it into conformity with the recommendations of Vatican Council II." The completion of the project was marked on April 26, 1992, by the formal dedication of the rebuilt 1928 Hook and Hastings organ and with a concert of sacred music. As rebuilt by the Delisle Organ Co. of Fall River, the organ was increased from 15 ranks of pipes to 80 ranks and 2,337 pipes. The parish school has 128 pupils with an all-lay staff; the Sister of St. Dorothy left about five years ago. Cardinal Bernard F. Law was the celebrant on Sept. 19, 1992, when the Association for the Advancement of the Catholic University of Portugal held its annual Eucharistic celebration and banquet at the Rivet Street parish. On Feb. 14, 1996, the parish held a Week of Prayer for Christian Unity ecumenical service at which the guest speaker was the Rt. Rev. Barbara C. Harris, suffragan bishop of the Episcopal Diocese of Massachusetts.
By Robert J. Barcellos NEW BEDFORD -- The centennial of Our Lady of Mount Carmel Church, Rivet and Bonney Street, the second-oldest of three parishes in New Bedford formed to serve Portuguese-speaking residents, was celebrated this past Sunday at a Mass at which two bishops participated. The Rev. John J. Oliveira, pastor of Our Lady of Mount Carmel Church, was joined in celebrating the Mass by the Most Rev. Robert E. Mulvee, bishop of the Providence Diocese, and the Most Rev. Dom Januario Ferreira of Lisbon, bishop for the Military Diocese in Portugal. The Most Rev. Sean Patrick O'Malley, O.F.M. Cap., bishop of the Fall River Diocese, had originally been scheduled to the celebrant and homilist, but was unable to be present because of another engagement. The Mass was followed by a dinner at White's restaurant in Westport, where the consul of Portugal in New Bedford, Fernando Teles Fazendeiro, presented the parish with a plaque of honor and merit from the Portuguese government on behalf of the Portuguese communities abroad. The pastor also presented Monsignor Oliveira with a medal of honor for his work with the Portuguese community. New Bedford Mayor Frederick M. Kalisz Jr. was among those attending the centennial observance. St. John the Baptist Church on County Street was formed in 1871 to meet the spiritual needs of the growing Portuguese-speaking population in New Bedford. By the turn of the century, the number of Portuguese immigrants had grown enough to warrant another church. In 1902, the Rt. Rev. Matthew Harkins, bishop of the Providence Diocese (the Fall River Diocese would not be created until 1904) formed a new parish for Portuguese-speaking residents and named the Rev. Jose Duarte Nunes as pastor. The Rivet Street site was acquired and the parish dedicated in honor of the Blessed Virgin Mary in her capacity as Our Lady of Mount Carmel by Bishop Harkins on July 4, 1903. A third Portuguese parish, Our Lady of the Immaculate Conception Church, serving North End residents, was formed in 1909. Father Nunes' pastorate would last only until 1907. His successor would be the Rt. Rev. Msgr. Antonio Pacheco Vieira, a native of Sao Miguel, Azores, and one-time classmate at the Seminary of Angra in Terceira, who had arrived in New Bedford in 1903. The then-Father Vieira began a memorable pastorate with his appointment on Dec. 13, 1907. His 57-year pastorate would span more than half of the history of his parish. Ordained in 1888, he was the oldest active priest in the United States at the time of his death at the age of 98 on March 27, 1964. Under Monsignor Vieira, who was made a domestic prelate in 1936, the church building begun by Father Nunes was completed and blessed on Oct. 13, 1913, and the construction debt eliminated a decade later. Prior to completion, Masses were celebrated in the church basement. The red brick-faced edifice with its twin steeples of aged green copper have since become a familiar landmark in the South End. Plans for a parish school were approved by the diocese in 1929, but the Depression years intervened and it was not until 1941 that the first Portuguese language school in New Bedford opened, built on a site east of the church at a cost of $200,000. The Sisters of St. Dorothy were entrusted to run the school. The sisters' original convent, later turned into a recreation center, was replaced by a new convent in 1953. The sisters left about four or five years ago, and there is presently an all-lay teaching staff with Joseph Sullivan as principal. Of all the priests who have served as curates at Our Lady of Mount Carmel Church during Monsignor Vieira's pastorate, the future archbishop of the Boston Archdiocese, Humberto Sousa Medeiros, was at the South End parish for six months in 1949. Monsignor Vieira was followed as pastor by the Rev. Jose Maria Bettencourt e Avila, who served from May 1964 to January 1974, dying in November 1988 at age 81. He, in turn, was succeeded as pastor by the Rt. Rev. Msgr. Luiz Gonzaga Mendonca, V.G., who served from January 1974 until June 1994. The first New Bedford-born pastor of the church, Monsignor Mendonca had a lifelong affiliation with the parish, having been baptized there. His ordination in his parish church on June 10, 1944, was the first ever held outside the cathedral in Fall River. Under Monsignor Mendonca, who also served as diocesan vicar general, the parish carried out a $3 million renovation of the church, which was completed on Nov. 18, 1990. During those three years, Mass was celebrated in the church school. The funeral of Monsignor Mendonca, who died on Feb. 21, 1997, at 77, was attended by a cardinal, an archbishop and two bishops, one from the Azores. Monsignor Mendonca was followed as pastor in June 1994 by the Very Rev. Henry S. Arruda. When Father Arruda was transferred to St. Anthony Church in Taunton in June 2001, he was replaced by Father Oliveira, the current and sixth pastor. Ordained in 1977, Father Oliveira previously had been pastor of St. John the Baptist Church.
Sun Chronicle (Attleboro MA) NORTON -- A Bristol County grand jury is expected to indict a Catholic priest today for sexually abusing a young girl about 30 years ago while he was serving at St. Mary's Church in Norton, The Sun Chronicle has learned. The Rev. Donald Bowen, who served at St. Mary's from 1965 to 1973, is expected to be indicted on sexual assault-related charges capping an investigation that began this spring. Bristol County District Attorney Paul Walsh Jr. has scheduled a press conference in New Bedford at 2 p.m. Thursday to announce the indictment of a Catholic priest. The office did not disclose the identity of the priest. However, a source close to the investigation confirmed that the priest is Bowen, who had been working at Catholic missionary parishes in Bolivia since leaving St. Mary's in 1973. Officials to ID scores of accused priests By Robin Washington and Eric Convey The identities of more than 100 Bay State priests accused of child molestation are on the verge of release to the public - some as early as today - the Herald has learned. In Suffolk County, Superior Court Judge Constance M. Sweeney ordered the Archdiocese of Boston to turn over personnel files of at least 70 living and 15 deceased priests to a lawyer representing alleged victims of the Rev. Paul R. Shanley. And in Bristol County, District Attorney Paul F. Walsh will announce the indictment of the Rev. Donald J. Bowen, and will release the names of 17 other Fall River Diocese priests accused of child sex abuse who have not been charged criminally, a law enforcement source told the Herald. The release of the Fall River Diocese names by Walsh - the first prosecutor to do so - comes after months of frustration over the lack of prosecutable evidence submitted to him by the church, the source said. "The DA's had it. He's releasing all the damn names on the list," the source said. Walsh's spokesman, Richard Fabio, confirmed a clergy sex abuse indictment was coming today but declined to name the priest, whom multiple sources identified as Bowen. Ordained in 1964, Bowen served at St. Patrick's Parish in Somerset and at St. Mary's in Norton before joining the Society of St. James the Apostle as a missionary in Latin America in the mid-1970s. Created by the late Richard Cardinal Cushing and headquartered in Boston, the society has the continued support of Bernard Cardinal Law, who has visited its priests in frequent trips to Central America. Another St. James priest, the Rev. Paul Madden, who served under Law in Mississippi, also has been accused of abuse. An official with the society declined comment. A spokesman for the Fall River Diocese could not be reached and a Boston archdiocese spokesman, the Rev. Christopher Coyne, said the church's lawyers had yet to receive Sweeney's order. "Until they've received the ruling and read it they have no decision as to what the response is going to be," he said, adding that the lawyers have not decided if they will challenge it. Sweeney's order is in response to a motion by Roderick MacLeish Jr., requesting the materials as discovery in the Shanley case. "Based on the plaintiff's (motion) the information requested is
not considered privileged and is relevant to the claims asserted by the
plaintiff against the defendant," Sweeney wrote in a handwritten
notation, dated Sept. 23, on papers filed by MacLeish. "We know about 45 or 50. We don't know the rest of them," he said. MacLeish said the files could contain evidence pointing more directly to a conspiracy by church officials to cover up abuse than individual records released so far. "The potential for these documents to add force to the cases we have is tremendous. No longer will we be talking about the tip of the iceberg," he said. Sweeney's ruling reinforces the legal momentum of the past year, in which various Superior Court judges have ruled that previously secret files on priests must be made available to plaintiffs suing the archdiocese and clergy over sex abuse and negligence claims. In January, on a motion by the Boston Globe later joined by the Herald and other media, Sweeney ordered the public release of hundreds of internal files on jailed and defrocked priest John J. Geoghan. In April, on a motion by the Herald later joined by other media, Judge Leila R. Kern ordered the public release of hundreds of internal files on Shanley. Subsequently, various judges have allowed the release of church documents on the Revs. Ronald H. Paquin, Paul J. Mahan, Richard O. Matte, Joseph E. Birmingham, Paul R. Desilets, Ernest J. Tourigney, Richard H. Buntel and others implicated in abuse dating to 1960. In the criminal arena, in early spring the archdiocese agreed to deliver documents on all 85 priests it had then identified as suspected abusers to Attorney General Tom Reilly and a half-dozen Bay State district attorneys. That information has not been released publicly, even as the names of newly accused priests have been added to the list. The scores of lawsuits arising from the abuse scandal are now consolidated before Sweeney. With yesterday's ruling, the judge showed that the veil of secrecy that a year ago kept the names of known clergy molesters from public review has been lifted from archdiocese personnel records. Tom Mashberg contributed to this report. Rev. Donald J. Bowen Indicted for Sexual Assaults: Press Release FOR IMMEDIATE RELEASE Refusing “to perpetuate the darkness” enshrouding priests accused of sex crimes whose identities have been protected for decades, Bristol District Attorney Paul F. Walsh, Jr. today announced both the indictment of one priest and the names of others for whom no prosecution can be brought at present. The grand jury yesterday returned indictments against Rev. Donald J. Bowen, 64, who formerly served in the Fall River Diocese but who’s lived in Bolivia for about thirty years as part of The Missionary Society of St. James, an association of diocesan priest volunteers headquartered in Boston. The indictments allege a course of sexual abuse against a girl from the time she was nine until she was 16. Bowen is charged with one count alleging unnatural and lascivious acts on a person under the age of 16 years and one count alleging indecent assault and battery of a child under the age of 14. Each indictment alleges acts repeatedly inflicted on a solitary victim for years. The alleged conduct ended in about 1971, shortly before Bowen’s transfer to Bolivia. Walsh’s decision to release the names of other accused priests “did not come easily.” “My staff and I discussed at length the ramifications of releasing the list. I understand that I will be criticized for committing to such a rare course of action. In the end,” Walsh said, “the deciding factor was this: we will not be a party to perpetuating the darkness, to protecting the silence and the secrecy. “Enough is enough.” Walsh said that prosecutions against those named besides Bowen are not possible currently for several reasons. Either the statute of limitations has expired or victims do not wish to relive their experiences in court --or both -- or, in one case, the priest is deceased. He hopes, however, that releasing the list may prompt further information. “If any person has evidence involving any of those named, I call upon that person to come forward. Let us evaluate these horrendous possibilities in the bright light of day,” Walsh said. The district attorney said that legal counsel for Bowen has contacted his office and indicated that the priest will return from Bolivia to face the charges. If not, the district attorney will initiate an application for extradition proceedings. Excerpt of September 26, 2002 Press Conference By District Attorney Paul F. Walsh, Jr. "The decision to release this list was a difficult decision, and an important one. Normally in a circumstance where this office investigates an individual but does not bring a charge, we would not identify the suspect on that case until he became an actual defendant charged with a crime. That is standard operating procedure in the Bristol County District Attorney's Office. However, I felt that there were two reasons to override that policy in this circumstance. The first is this: The shroud of secrecy has gone on long enough. I cannot, and I will not, pretend that these victims don’t exist. I cannot and will not pretend that we don’t know these names. I cannot and will not pretend that these criminal acts did not occur. I think it is time for the pretension to end." The statement of Bristol District Attorney Paul F. Walsh, Jr. regarding his decision to release to the public the names of priests accused of sexual misconduct can be viewed under "Press Releases" Statement of Bristol District Attorney Paul F. Walsh, Jr. Press Release Statement of Bristol District Attorney Paul F. Walsh, Jr. regarding his decision to release to the public the names of priests accused of sexual misconduct: "I want you to know that the decision to release the names of priests accused of sexual misconduct but thus far not charged, did not come easily. My staff and I discussed at length the ramifications of releasing the list. I understand that I will be criticized for committing to such a rare course of action. In the end, the deciding factor was this: we will not be a party to perpetuating the darkness, to protecting the silence and the secrecy. Someone, perhaps it was Hubert Humphrey, once said that we become a part of what we condone. I do not condone assaults on children by anyone at any time. I will not be party to perpetuating the darkness. Let the light of day shine on these accusations that have lain hidden so long. Enough is enough. Additionally, if any person has evidence involving any of those named, I call upon that person to come forward. Let us evaluate these horrendous possibilities in the bright light of day."
Press Release 1. Raymond McCarthy- 4 av; no response 2. Gilbert Simoes - 6 av; beyond statute 3. Paul Connelly - 8 av; no response & beyond statute 4. Arthur DeMello - 1 av; no response & beyond statute 5. John Cronin - 3 av; beyond statute 6. Norman Boulet - 2 av; beyond statute 7. James Murphy - 3 av; no response & beyond statute 8. Donald Bowen - Indictment 9. Stephen Furtado - 1 av; no jurisdiction 10. Donald Messier - 1 av; no response & beyond statute 11. Stanley Barney - 1 av; no response & beyond statute 12. Phillip Higgins - 1 av; no response & beyond statute 13. Kevin Tripp - 2 av; no response & beyond statute 14. Raymond Robillard - 2 av; no response & beyond statute 15. David Landry - 1 av; no response & beyond statute 16. Joseph Mcquire - 1 av; V not interested 17. Edward Rausch - 1 av; no response beyond statute 18. Robert Kaszynski - 4 av; beyond statute 19. Albert Berube - 1 av; Deceased 20. Edward Paquette - 4 av; beyond statute 21. George Avellar - 1 av; Deceased TERM INDEX Bristol DA rips bishop for late list of alleged abusers By Tom Mashberg The Bristol County DA sternly rebuked the departing bishop of Fall River yesterday for letting a decade go by after the prosecution of the Rev. James R. Porter to hand over the names of 21 other priests ousted amid sex abuse allegations. "Why didn't (Bishop Sean. P. O'Malley) release these names to us 10 years ago?" DA Paul F. Walsh asked at a New Bedford news conference, during which he also announced the two-count indictment of one former Fall River Diocese priest, the Rev. Donald J. Bowen. The indictment charges Bowen, 64, currently in Bolivia as a missionary with the Boston-based Society of St. James The Apostle, with abusing a girl for seven years starting when she was 9, while he ministered in Fall River in the 1960s and 1970s. His indictment was reported in yesterday's Herald. Neither the society nor Bowen's lawyer, Peter Muse, would comment yesterday. Walsh said he was able to obtain the indictment because any statute of limitations on the allegations froze after Bowen left the country, and the victim is willing to testify. In publicizing the names of the 21 other former Fall River Diocese priests, who all left the church amid abuse allegations, Walsh said he was dismayed those names had not been released until March. Walsh said he might have been able to prosecute more of the suspect priests before the statute of limitations on them also expired. "That is the worst result of this state of affairs," he said, "and that is why I am so disturbed by this." O'Malley, who won praise in the 1990s for rescuing his 200-priest Southern Massachusetts diocese from the devastation wrought by the Porter case, defended his actions yesterday in a news release. O'Malley "has cooperated fully with the district attorney and his office to ensure the safety and protection of children in parishes and diocese settings," his release said. While acknowledging that the 21 names were not handed over until six months ago, he added: "No priest named . . . is currently engaged in priestly ministry." O'Malley also said some of the names were previously known to law enforcement and that in some cases the abuse dates back 50 years. O'Malley was recently appointed bishop of West Palm Beach, Fla. Walsh said he released the names to encourage possible victims to step forward so he can weigh more indictments. Attorney Roderick MacLeish Jr., who negotiated settlements on behalf of scores of Porter victims, commended Walsh for releasing the names. "This validates the victims who have suffered in silence," he said, "and opens up the possibility of more prosecutions." Here is a list of the priests named yesterday and their legal status: 1. Raymond McCarthy; four alleged victims. 2. Gilbert Simoes; six alleged victims; beyond the statute of limitations. 3. Paul Connelly; eight alleged victims; beyond statute. 4. Arthur DeMello; one alleged victim; beyond statute. 5. John Cronin; three alleged victims; beyond the statute. 6. Norman Boulet; two alleged victims; beyond statute. 7. James Murphy; three alleged victims; beyond statute. 8. Donald J. Bowen; indicted. 9. Stephen Furtado; one alleged victim; no jurisdiction because incident was outside Bristol County. 10. Donald Messier; one alleged victim; beyond statute. 11. Stanley Barney, one alleged victim; beyond statute. 12. Phillip Higgins, one alleged victim; beyond statute. 13. Kevin Tripp; two alleged victims; beyond statute. 14. Raymond Robillard; two alleged victims; beyond statute. 15. David Landry; one alleged victim; beyond statute. 16. Joseph McQuire; one alleged victim; victim not interested in pursuing case. 17. Edward Rausch; one alleged victim; beyond statute. 18. Robert Kaszynski: four alleged victims; beyond statute. 19. Albert Berube: one alleged victim; deceased. 20. Edward Paquette; four alleged victims; beyond statute. 21. George Avellar; one alleged victim; deceased. Robin Washington contributed to this report. Bristol's DA Lists Names of Accused Priests By Michael Rezendes and Matt Carroll New Bedford - Bristol District Attorney Paul F. Walsh Jr. yesterday released the names of 20 priests accused of sexual misconduct in complaints to the Fall River Diocese, drawing praise from advocates for victims of clergy sexual abuse and denunciation from others who said Walsh had run roughshod over the rights of the accused. During a news conference in which he also announced the indictment of a one-time Fall River priest on abuse charges, Walsh said he knew his extraordinary decision to name priests facing accusations too old to prosecute would create controversy. But he said his frustration at the recalcitrance of church officials, including Bishop Sean O'Malley, had forced him to act. "We will not be a party to protecting the darkness, to protecting the silence and secrecy," Walsh said, adding that he hopes the release of the names will embolden other victims to come forward with accusations that might fall within the statute of limitations, the window of time in which child sex abuse charges may be prosecuted. The Fall River Diocese, in a statement, said it had "cooperated fully with the district attorney and his office to ensure the safety and protection of children in our parishes." There has been no similar large-scale release of priests' names in the Boston Archdiocese, where two of Walsh's peers - Middlesex District Attorney Martha Coakley and Norfolk District Attorney William Keating - said yesterday they would not release the names of priests similarly accused unless they are able to secure criminal indictments. And some attorneys representing accused priests, as well as some known for defending civil liberties, said Walsh had tarred the reputations of clergymen who may never get a chance to defend themselves at trial. "This is so unfair because you're saying to people who supposedly did something decades ago that because they can't be prosecuted, because the statute of limitations has run out, they're going to be convicted in the press," said Michael Altman, attorney for a priest suspended earlier this year by the Boston Archdiocese. "That's not how the justice system is supposed to work." Harvey Silverglate, a Boston criminal defense attorney and civil libertarian, also criticized Walsh, saying that the priests who were named but remain unindicted won't have the legal tools of a criminally charged defendant - including the right to subpoena evidence and witnesses. "I think what the district attorney did is unprofessional, unethical, and in many ways immoral," Silverglate said. But attorneys for victims of clergy sexual abuse hailed Walsh's decision to release the names of priests facing accusations too old to prosecute, saying that Walsh had encouraged other victims to come forward while underscoring the need to widen or abolish the statute of limitations in cases of this kind. "Today's action is a signal to the Legislature that the statute of limitations for child rape and molestation must be changed," said Roderick MacLeish Jr., a Boston lawyer with the firm Greenberg Traurig, which represents more than 200 alleged victims of clergy sexual abuse. David Clohessy, national director of the Survivors Network of those Abused by Priests, an advocacy group, also praised Walsh, saying that Walsh had given solace to those who might have been abused by the priests he named and had provided valuable information to parents seeking to protect their children from sexual molesters. Walsh said that none of the unindicted priests he named were in active ministry; two are dead. As he named those priests, Walsh also announced the indictment of the Rev. Donald J. Bowen, 64, who left the Fall River Diocese in 1971 to work in Bolivia, where he currently resides, under the missionary Society of St. James. Bowen was charged with sexually abusing a girl from the time she was 9 years old until she was 16. The accusation was still open to prosecution because the statute of limitations is suspended when the accused leaves the state. Walsh, in explaining his decision to release the names, cited O'Malley's failure to hand over the names of accused priests years ago, and said the bishop's inaction probably had resulted in an injustice for both the alleged victims and accused priests. "We're prohibited from an effective prosecution and the priests are prohibited from an effective exoneration. That's the injustice for the victims and the guys on the list," Walsh said. O'Malley, who has had a reputation for forthrightly addressing the issue of clergy sexual abuse, is scheduled to leave the Fall River Diocese next month to be installed as the leader of the Palm Beach, Fla., Diocese, which has been rocked by the resignations of its last two bishops over sexual abuse allegations. O'Malley did not respond to Walsh directly. But, in a statement, the Fall River Diocese strenuously rejected Walsh's criticisms, saying that abuse cases had been consistently reported to authorities for the last 10 years. "At no time did the district attorney have to threaten or cajole. It has never been our intention to conceal anything from law enforcement agencies. Had public officials asked for past records at any time, the diocese would have made them available," the statement said. Coakley said she would not follow Walsh in releasing the names of accused but unindicted priests, citing the unfairness of treating priests accused of sexual abuse differently than anyone else accused of committing a crime. David Traub, a spokesman for Keating, said: "From the very beginning this investigation has been treated like any other investigation, and this office does not release the names of people who are investigated but not charged," Traub said. Still, Walsh does not appear to have violated any law or any of the rules of professional conduct for attorneys or prosecutors, according to Arnold R. Rosenfeld, the former head of the state board that oversees lawyers' conduct. The action Walsh took yesterday mirrors a decision earlier this week by Cardinal William H. Keeler to publicize the names of 83 priests accused of sexually molesting minors in the Baltimore Archdiocese over 70 years. In a letter to 180,000 Catholic households, Keeler said he would review the names of the accused priests, none of whom are active, with clergymen now serving the archdiocese and then post the names of the accused priests on the archdiocesan Web site. "At times, we have let our fears of scandal override the need for the kind of openness that helps prevent abuse," Keeler said in his letter. More Names Released
No others were listed by the district attorney as having denied or admitted wrongdoing. DA takes bishop to task By Steve Urbon Declaring "the shroud of secrecy has gone on long enough," Bristol County District Attorney Paul F. Walsh Jr. yesterday accused Bishop Sean Patrick O'Malley of sitting on the cases of priests accused of sexual misconduct. Diocese of Fall River officials strongly rejected Mr. Walsh's accusation. Mr. Walsh produced a list with the names of 20 former priests who, at some time in their career, had complaints filed against them. The statute of limitations for criminal prosecution in all these cases has expired. One additional priest, the Rev. Donald Bowen, who 30 years ago served at St. Mary Church in Norton, was indicted by a county grand jury Wednesday and was charged with one count of indecent assault and one count of unnatural and lascivious acts. The alleged conduct ended in 1971. [Photo Caption - Bristol County District Attorney Paul F. Walsh Jr. speaks at a news conference announcing a list of priests he says have been accused of sexual abuse. In the photo in the background, the Rev. Donald Bowen, 64, an accused priest, stands with a group of children. Jack Iddon/The Standard-Times] Mr. Walsh said a lawyer for the Rev. Bowen had called to say that the priest would return from his mission in Bolivia to face the charges. Under the statutes as they were written at the time of the alleged crimes decades ago, he faces five years imprisonment on each count. The clock stopped on the statute of limitations when he left the country. Mr. Walsh hailed the courage of the victim in coming forward after several decades, and said he hopes the woman's example -- she is 47 now -- would be an inspiration to others. Mr. Walsh expressed frustration, stating that if he had known about the cases earlier he might have been able to prosecute them. "We don't know if we would have been able to prosecute. That's an answer we will never know and that is why I am so disturbed about this delay in giving these names to the Bristol County district attorney's office," said Mr. Walsh at an afternoon press conference. "I will not pretend these victims don't exist. I won't pretend we don't know names. I won't pretend this type of conduct did not occur," he said. He said the information was provided by the diocese after "a delicate but ultimately forceful request" earlier this year. Asked why he didn't seek the information a decade ago after the James Porter case, Mr. Walsh said, "perhaps it was naivete on my part." "I've been here for 10 years and so has (Bishop O'Malley). I hadn't heard these names until just recently," said Mr. Walsh, who is running unopposed for re-election in November. Bishop O'Malley leaves next month for the Palm Beach, Fla., diocese. The Diocese of Fall River sharply disputed Mr. Walsh's charge that it hadn't been cooperative and timely. "In March of this year, Bishop O'Malley took the initiative in offering to the district attorney the names of priests against whom allegations of sexual misconduct had been made," the diocese responded in a written statement. "Although some of these allegations were made in recent years, they all referred to sexual misconduct which occurred 20 to 50 years ago. No priest named by the district attorney today is currently engaged in priestly ministry. Many of the names submitted were already known to the district attorney's offices. The bishop decided to offer information concerning past allegations to the district attorney's office because of the heightened concerns over clergy abuse in recent times. From the beginning, the diocese pledged its full cooperation with the district attorney; at no time did the district attorney have to threaten or cajole." Diocese spokesman John Kearns produced a newspaper report from April quoting Mr. Walsh as saying, "At the request of the Fall River Diocese ... an exchange of information has begun. More is contemplated." In fact, said the diocese, the flow of information was often from law enforcement officials to the diocese. "It has been law enforcement officials who referred victims to the diocese because their hands were tied due to the statue of limitations which offered a limited window to prosecute," the diocese stated. Since the Porter case, the Fall River diocese has been held up as a model for the proper handling of accusations against priests, counseling of victims and the safeguarding of children. Bishop O'Malley put in place a strict policy of screening personnel at all levels and reporting accusations to law enforcement authorities. But Mr. Walsh saw it differently yesterday. "When the Porter case came out it would have been a perfect time for them to tell us about other cases. To sit there for 10 years and pretend that there are no other cases in Bristol County perpetuates a falsehood, and I'm not going to be a part of that." Before Porter, it was a long-standing practice to settle such cases secretly and out of court, and most of the cases cited by the district attorney predated Bishop O'Malley's arrival. One of the priests on Mr. Walsh's list, however, was publicly accused 10 years ago, amid the Porter turmoil. The Rev. Paul G. Connolly, a former New Bedford priest then serving in Taunton, was put on administrative leave by Bishop O'Malley after six people came forward with accusations of misconduct. After initial press reports based on unnamed sources, the diocese confirmed that information in a press release. But Mr. Walsh decided not to become involved. After interviewing an alleged victim referred to his office by Porter victims' attorney Roderick MacLeish, Mr. Walsh declined to prosecute. "We spoke with one individual and after speaking with him decided there was nothing to investigate or to prosecute," Mr. Walsh said at the time. "We have heard through the media that there were three individuals (later six)," but until they come forward, they're not cases," said Mr. Walsh in September 1992. Mr. Walsh would not say at the time why his office would not press an investigation of the Rev. Connolly, saying that going into detail would be a breach of confidentiality in such cases. Asked yesterday to reconcile that scenario with Mr. Walsh's statement that he "hadn't heard these names until just recently," Assistant District Attorney Gerald T. FitzGerald angrily said there was no contradiction, that Mr. Walsh was being misinterpreted. He then became personally abusive to a reporter before hanging up the phone. Some of the other names on the list are much more recent, and victims' attorneys heaped praise on Mr. Walsh for his decision to reveal all of them. Gina Dines Holness, an attorney in Mr. MacLeish's firm, said she "strongly supports" Mr. Walsh's actions. The firm represents the alleged victims of several of the priests on Mr. Walsh's list, among whom is the Rev. Robert Kaszynski, former pastor of St. Stanislaus parish in Fall River, who resigned earlier this year after one allegation. Now there are four allegations. Frank Nebush of Utica, N.Y., the husband of one of the accusers, Joyce Nebush, said yesterday, "I never thought (Walsh) would do anything." Ms. Holness said: "He should be applauded that he took the step to name the names of people who are immune because of the statute of limitations. The fact is that people are coming out now because they are reminded in some way" by the revelations. Her firm also represents clients who have filed civil claims because of the alleged actions of other priests on the list: the Rev. Raymond McCarthy, with four alleged victims; Monsignor Albert Berube, one alleged victim; and the Rev. George Avellar, one alleged victim. (The Standard-Times is not listing those who are not the subject of official complaints). Monsignor Berube, longtime pastor of St. Anthony de Padua Church in New Bedford, died in 1993. Also deceased is the Rev. Avellar, who served at Mount Carmel Church in New Bedford. The Rev. McCarthy is an Attleboro native, ordained in 1954, who served at Sacred Heart Parish in Fall River, and later at St. Patrick Church in Fall River. He then was transferred to St. Mark's Parish in Attleboro Falls, and to Our Lady of Victory Parish in Centerville on Cape Cod in 1969. Mr. Walsh's decision to name names wasn't universally applauded. One source close to the Porter case said, "It's outrageous to throw out the names of 20 people who aren't accused of anything. If he released the names of 15 people who other people said stole things, no one would run that list in a million years. Is that the way our democratic system works? We throw it out and say we're now stirring up the pot?" Mr. Walsh said, "My staff and I discussed at length the ramifications
of releasing the list. I understand that I will be criticized for committing
to such a rare course of action. Mr. Walsh's decision goes a step beyond what other prosecutors have done. Plymouth County District Attorney Timothy Cruz declined to comment on Mr. Walsh's move, but said he would probably not have done the same because "the vast majority of the cases are beyond the statute of limitations." Essex County District Attorney Kevin Burke, president of the Massachusetts District Attorneys Association, said he would be reluctant to release the names of priests who had not been charged unless he believed they were a "clear and present danger" to the public. "It's a real balancing test -- the rights of individuals who have the potential of being accused of a crime but they can't be prosecuted versus the public safety and the right of citizens to know," Mr. Burke said. "It is a very tough call."
|
|||||
Bishop Accountability © 2003 |
|||||