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Attorney to AG: Investigate clergy rape cases


By Elizabeth Hardin-Burrola
Gallup Independent correspondent
religion@gallupindependent.com
September 4, 2018

ALBUQUERQUE — An Albuquerque attorney is calling on New Mexico Attorney General Hector Balderas to impanel a grand jury to investigate clergy sex abuse in the state.

Levi Monagle, an attorney with the Law Offices of Brad D. Hall, sent a letter to Balderas Aug. 28, followed by copies to media outlets Friday.

“A statewide grand jury would be empowered to investigate child sexual abuse by priests and concealment of child sexual abuse by Church officials that occurred in the Archdiocese of Santa Fe, the Diocese of Gallup, the Diocese of Las Cruces, and potentially the Diocese of El Paso," Monagle said in a news release, noting the Diocese of El Paso was responsible for the management of many New Mexico parishes until the formation of the Diocese of Las Cruces in 1982.

Monagle, who identified himself “as someone who was raised as a Catholic here in New Mexico," said his law firm has represented over 100 survivors of clerical sexual abuse over the past seven years. He urged Balderas to “follow the lead” of Pennsylvania Attorney General Josh Shapiro, who released an exhaustive and explosive grand jury report on clergy sex abuse in six Pennsylvania dioceses last month.

Epicenter of clergy abuse

According to Monagle, a number of New Mexico abuse survivors have gone to Balderas and pleaded with him to investigate and prosecute the “still-living priests that sexually abused them as children" but remain at large.

David Carl, a spokesman for Balderas, has stated in media interviews the Office of the Attorney General has been investigating clergy sex abuse in New Mexico since March 2016, and Carl has encouraged abuse survivors and their families to “partner” with the AG’s office.

In the Diocese of Gallup, its 10 living credibly accused abusers include John Boland, Charles “Chuck” Cichanowicz, Timothy Conlon, Joseph Coutu, Diego Mazon, OFM, Jose Rodriguez, Raul N. Sanchez, Lawrence Schreiber, OFM and Carl Todaro. Former Catholic CCD teacher Brett Candelaria is an inmate in the Colorado prison system.

The Archdiocese of Santa Fe, which revised its list of credibly accused abusers up to 78 names on Aug. 24, lists 38 living abusers.

“But even if Mr. Balderas is barred from prosecuting the perpetrators themselves, he can impanel a Grand Jury and shine a harsh spotlight on their crimes, and the institutional cover-up that went on for decades and decades, spreading tentacles even into state and local government,” Monagle wrote in his letter to Balderas. “He can give the people of New Mexico a chance to know the truth about the crucial role that New Mexico played as an epicenter of the clergy abuse crisis in the United States, and how it housed maybe more predatory priests per capita than any other state in the country.”

New Mexico was mentioned more than two dozen times in the Pennsylvania grand jury report, particularly related to Via Coeli, the now notorious treatment center in Jemez Springs, which was operated within the Archdiocese of Santa Fe by the Servants of the Paraclete religious order.

Bypass church leaders

Monagle argued the findings of similar grand juries in New Mexico and other states could “point the way toward key reform” within the Catholic Church.

“What the laity should demand from its leaders, moving forward, is unprecedented transparency – either in cooperation with a Grand Jury (if it is willing), or in compliance with its subpoenas (if it is not),” he said.

Monagle also urged people to bypass church leaders for such reform and instead look to state attorney generals.

“However, those calling for anything more than words from the Catholic hierarchy are misdirecting their efforts,” he said. “Their energy would be better spent contacting their Attorney General – calling for the replication of the Pennsylvania Grand Jury’s efforts in their own states.”

Although Monagle mentioned the Diocese of Gallup in his news release, he didn’t mention the Gallup Diocese includes Catholic parishes and schools in both New Mexico and Arizona. Therefore, an investigation into the diocese by the New Mexico AG would most likely need to be partnered with an investigation by Arizona Attorney General Mark Brnovich.

Monagle also didn’t note that Catholic dioceses in New Mexico and Arizona include parishes and schools on Native American reservations, which are not under the jurisdiction of the state attorney general. Instead, the sexual abuse of children on Indian reservations falls under the law enforcement jurisdiction of tribal and federal authorities, including the FBI and U.S. Attorneys in New Mexico and Arizona.

Locally, the Diocese of Gallup, the Franciscans and the Sisters of the Blessed Sacrament have all settled a number of sex abuse claims filed by Native American abuse survivors from New Mexico and Arizona.

Editor’s Note: Monagle’s letter is being published in its entirety on the editorial page today.


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