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AG open clergy rape probe
Investigation looks at all 3 NM dioceses


By Elizabeth Hardin-Burrola
Gallup Independentcorrespondent
religion@gallupindependent.com
September 6, 2018

GALLUP — New Mexico Attorney General Hector Balderas has launched an investigation into clergy sex abuse and misconduct within the state’s three Roman Catholic dioceses.

According to a 10-page letter sent to Santa Fe Archbishop John C. Wester, Balderas is requesting an exhaustive list of documents, photographs, recordings and other communications, covering more than 68 years, from Jan. 1, 1950, to Sept. 1, 2018. The attorney general gave Wester a deadline of Oct. 5 to produce the items.

On Wednesday evening, the Diocese of Gallup emailed a short statement promising its cooperation. “This morning the Diocese of Gallup received an inquiry from New Mexico Attorney General Hector Balderas requesting documents and records from the Diocese of Gallup,” the statement said. “We look forward to cooperating with the Attorney General to ensure the safety of all the members of our diocese.”

‘Proactive’

A spokeswoman for the Archdiocese of Santa Fe, and Bishop Oscar Cantú of the Diocese of Las Cruces, also issued statements pledging to cooperate with Balderas’ investigation.

The Gallup Diocese noted it would be “proactive” and also contact Arizona officials. “In order to be proactive in the protection of children, the Diocese of Gallup is also reaching out to other potential interested parties, such as the Arizona Attorney General, as the diocese is located in both Arizona and New Mexico,” the statement said.

However, in its email, the Diocese of Gallup did not provide a copy of the letter it received from Balderas. Instead, the diocese included a link to an online Albuquerque media article, which included a copy of the AG’s letter to Wester.

Shaking the conscience

“I am writing to express my continued concern and assert that it is time to demand full disclosure and full transparency,” Balderas wrote the Santa Fe archbishop. “I am focusing my efforts on assisting the victims of clergy sexual abuse.”

Balderas noted that since March 2016, his office has engaged in several investigations of priests alleged to have perpetrated sexual abuse, and his office advanced legislation during the 2018 legislative session to amend child abuse reporting statues to expand mandatory reporting to include abuse perpetrated by priests.

“Then on August 14, 2018, a Pennsylvania Grand Jury report was released, revealing ties to New Mexico, and shaking the conscience of those throughout the world by detailing the vast extent of sexual abuse perpetrated by priests and clerics and the shocking cover-up by church leaders,” Balderas said. “His Holiness, Pope Francis, in his August 20, 2018 letter, condemned these atrocities and recognized the importance of efforts to make, ‘all those who perpetrate or cover up these crimes accountable.’” Balderas acknowledged that statutes of limitation have prevented his office from moving forward with criminal charges, but “seeking justice for anyone victimized remains a priority for my office.”

Balderas cited Wester’s recent apology letter of Aug. 22, 2018, in which the archbishop admitted crimes of sexual abuse by clergy “were enabled by a lack of transparency and a culture of self-preservation in the Church.”

“To that end, and in the interest of long overdue transparency,” Balderas said, “this demand is being sent to you in contemplation of litigation.” Balderas then warned Wester that all documents and data must be preserved, and not destroyed or withheld.

Investigation’s broad scope

The letter’s eight-page attachment outlines the very broad scope of the investigation, which includes requests for financial information. Signed by Chief Deputy Attorney General Tania Maestas, the document provides instructions to church officials, defines terminology and details 30 categories of requested information.

Church officials are instructed not to redact the documents – “No portion of any document may be masked and the entire document shall be produced” – and they are instructed the information request “is continuing in nature” and may require supplementary documents. The Attorney General’s Office provides detailed definitions of what constitutes communication and documents, and it also makes it clear to church officials that the investigation is looking at a wide variety of misconduct.

One category specifies, “A priest, clergy member or other church official seeking or receiving counseling and/or rehabilitation for any issues related to allegations of sexual abuse, sexual misconduct, inappropriate contact, boundary issues, familiarity, addiction, serious misconduct, scandal, grooming of children, pornography, socializing with children, or drug or alcohol abuse.” The AG investigators are requesting the complete copies of the personnel files of any individual who fits that description.

Investigators are also requesting the names of people who may have been the subject of sexual abuse or misconduct accusations that were withdrawn or weren’t substantiated, as well as the names of individuals “with knowledge of allegations of sexual abuse or misconduct alleged against other priests, clergy members and/or other church officials.”

In light of the Pennsylvania Grand Jury report, which repeatedly mentions the notorious Servants of the Paraclete clergy treatment center in Jemez Springs, the investigators are also requesting the names of any church official sent there.

The AG’s request concludes with a statement in boldface caps, “Any information you provide may be used against you in any civil or criminal action.”


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