Fushek Seeks Release from House Arrest

By Josh Kelley
The Arizona Republic
January 20, 2006

MESA - An attorney representing Monsignor Dale Fushek is requesting that his client be released from electronic monitoring and house arrest while awaiting trial in South Mesa/Gilbert Justice Court.

Fushek, who resigned as pastor of St. Timothy Catholic Church in Mesa last year, was charged in November with 10 misdemeanor criminal counts of sexual misconduct. He is accused of indecent exposure, contributing to the delinquency of a minor and assault involving five minors and two young adult men from 1984 to 1994.

Fushek, 53, previously pleaded not guilty to all charges.

His defense attorney, Thomas Hoidal, said after a pre-trial conference on Friday that Fushek is restricted from visiting his sick brother in Flagstaff, ministering to parishioners and family members outside of his home and attending church.

Carl Mawhinney, 35, one of Fushek's accusers who attended the court hearing Friday, said afterward that he thinks the restrictions should remain, arguing that the charges are too serious to give Fushek "a lot of freedom at this point."

Justice Samuel T. Goodman said he will address the motion to re-examine Fushek's release conditions on Feb. 24.

Goodman also refused a request from prosecuting attorney Barbara Marshall to set a date in April to begin Fushek's trial. But Goodman said the trial should be conducted as quickly as possible.

Hoidal told Goodman it took months for the County Attorney's Office to investigate the case, which includes dozens of witnesses.

"I'm afraid it's going to take us a while to get in a position to prepare this case for trial," Hoidal said.


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