Pa. Court Indefinitely Blocks Release of Clergy Sex Abuse Report
By Mary Rezac
Catholic News Agency/EWTN
June 22, 2018
|The Supreme Court Chamber in the Pennsylvania State Capitol building in Harrisburg. Credit: Nagel Photography/Shutterstock.|
The release of a Grand Jury report detailing cases of clerical sex abuse in six of the eight Catholic dioceses in Pennsylvania has been blocked by the state’s Supreme Court for unspecified reasons.
The court released the unsigned order June 20, but did not state which individuals or groups had applied for the stay or the reason behind the application. It also does not state for how long the stay applies or when the report could be published in the future.
“And now, this 20th day of June, 2018, the Applications for Stay are granted. The Honorable Norman A. Krumenacker, III, and the Office of the Attorney General are enjoined from releasing Report No. 1 of the 40th Statewide Investigating Grand Jury pending further order of this Court,” the order, issued by the state’s Supreme Court, reads. Krumenacker is a Cambria County judge who has overseen the Grand Jury proceedings.
The stay indefinitely delays the release of a report that has been more than two years in the making, during which time victims of past abuse have recounted incidents of sexual abuse to the jury. Legal experts have told local news sources that the depth and breadth of this investigation is almost unprecedented among clerical sex abuse investigations that have taken place in the United States.
The two non-participating dioceses in the report, the Archdiocese of Philadelphia and the Diocese of Altoona-Johnstown, have already undergone similar investigations.
Attorney General Josh Shapiro, who has headed the investigation, said in a May 21 statement that he believed dioceses and bishops were behind the push to block or delay the publication of the report.
However, the participating dioceses - Allentown, Erie, Pittsburgh, Greensburg, Harrisburg, and Scranton - and their bishops have all said that they did not apply for the stay, and that they support the publication of the report.
“We anxiously await the Supreme Court’s decision on this matter, and support the release of the report which will give victims a voice,” Bishop Lawrence Persico of Erie said in a statement. “Until the report is released, we will continue our efforts to identify abusers and provide counseling and assistance to victims.”
“The contents of the report will be painful, but it is necessary for the report to be released in order for us to learn from it and to continue in our efforts to be responsive to victims and to create safe environments for our children,” the Diocese of Scranton said in its statement. “With regards to the stay, it's important that the Pennsylvania Supreme Court take all the steps it deems necessary.”
“The Diocese of Harrisburg has fully cooperated with the Office of the Attorney General. The Diocese and Bishop Gainer strongly support the release of the Grand Jury report and have not filed anything to cause the stay ordered (Wednesday),” spokesman Mike Barley said in a statement. “However, as we have stated before, it is critical that this report is accurate.”
Diocesan officials told CNA that they were unaware whether those who had applied for the stay had ties to the Church.
Ed Palattella, a reporter for the Erie Times, wrote that it is believed that those who filed for the stay petition were not diocesan officials, but others who were named in the report.
Because the majority of those named in the report would be priests, it is likely that a priest or group of priests named in the report filed for the stay.
According to an order from Krumenacker written earlier this month, anyone who is named in the Grand Jury report is given notice of their inclusion in the report and is allowed to file a rebuttal. However, once approved by a Grand Jury, written reports cannot be amended. All documents regarding the report remain sealed and so the identity of the party or parties who filed for the stay cannot be confirmed.
Victims said that the delay of the release of the report is causing further harm to those who have experienced clerical sex abuse.
State representative Mark Rozzi told The Inquirer that the stay order was a “travesty of justice and insult to all victims of childhood sex abuse.”
“It’s just like it’s been since Day One with me, kick us to the curb. Let the trash on the curb get old, maybe we’ll rot and die and go away. We’re not going away. I’m not going away, and I can promise that to all the victims across the commonwealth,” he said.
Last month, Krumenacker rejected an attempt by defense lawyers to stall the publication of the report. Defense lawyers said that the state’s interest in protecting their unidentified clients’ reputation and due process were enough to halt the publication of the report.
Krumenacker dismissed the request, arguing that “The commonwealth’s interest in protecting children from sexual predators and persons or institutions that enable them to continue their abuse is of the highest order.”
The request was appealed to the state’s Supreme Court, which ordered the stay June 20.