Author: Joelle Casteix

  • ** Updated July 5, 2012 ** A few thoughts about William Lynch

    UPDATE July 5, 2012: William Lynch was acquitted on all charges. He plans on starting a nonprofit to help victims and eliminate statutes of limitation on child sexual abuse.

     

    William Lynch has been on my mind quite a bit lately.

    For anyone who doesn’t know, Lynch is accused of beating up Fr. Jerold Lindner, a Jesuit priest who — even the Jesuits concede — molested Lynch and his younger brother.

    In May 2010, Lynch went into the San Jose, CA-area facility where Lindner lives and asked the priest if he recognized him. When Lindner didn’t, Lynch beat him up out of frustration that Lindner never admitted or acknowledged abusing him and at least a dozen other children. Although Lynch sued the Jesuits and received a settlement as compensation for the abuse, I can only assume that Lynch was frustrated that Lindner is still a free man, under the complete care of the Jesuits’ California Province.

    The alleged abuse is horrific:

    From ABC News:

    The Lynches, who were 7 and 4 at the time, were raped in the woods and forced to have oral sex with each other while Lindner watched, according to a civil lawsuit. Lindner has been accused of abuse by nearly a dozen people, including his own sister and nieces and nephews, but was never criminally charged because the allegations were too old.

    Today in Lynch’s trial for assault and elder abuse, Lindner again denied that he abused Lynch. The trial was temporarily halted, because Lindner’s denial will allow the defense to use the testimony of Lindner’s other victims.

    I do not condone violence and, if I were there, I would have told Lynch not to see Lindner. However, by refusing a plea agreement that would keep facts under wraps (like numerous California priests have done in the past year), Lynch has shown a sense of honor and transparency that we seldom see from the church.

    Yes, there are criminal trials underway (like Philadelphia), where the defendants did not take plea agreements, but they are defended by church-paid lawyers with deep pockets and endless resources. Lynch is not.

    I won’t give my opinion about what the jury should decide. I also maintain that I do not agree with what Lynch did (although I can understand his rage). But I will say that his conduct since the beating has been an amazing example of strength and tenacity  to expose wrong-doing and accept consequences.

    There are a lot of people in diocesan offices everywhere who should take note.

    June 22, 2012 UPDATE: I was asked to clarify this last statement, and after reading it again, I can see how it can be misconstrued. What I mean to say is that diocesan offices everywhere should take note of how to act AFTER the criminal acts of their priests, employees and enablers.  If they handled themselves with the same transparency as William Lynch, predators would be in jail, enablers would be punished, and kids would be safe.

    ** Note: I received a civil settlement in the 2005 Diocese of Orange $100 million settlement with approximately 90 victims of sex abuse. Because the settlement was negotiated globally, I was unable to go to trial. If I had, I hope I would have the strength that Lynch, the Harris victim, Travis Trotter (the victim of Michael Kelly), the Sandusky victims, and the Philadelphia victims have.

  • Breaking: Michael Harris case settles for $2 million

     

    After years of litigation and on the eve of what was going to be a blockbuster trial, the Diocese of Orange has settled its most recent case against notorious former priest and Mater Dei/Santa Margarita High School principal Michael Harris for $2 million.

    The victim is a decorated Air Force pilot. He risked a lot more than most victims by coming forward.

    Just think: if Msgr. John Urell and Bp. Michael Driscoll had done the right thing, Harris would be in jail. But no … that would have been the RIGHT thing to do.

    Something tells me that this is not the end of the story ….

  • Sartain and the monumental log in his eye … investigating the LCWR?

    When Vatican officials selected a bishop to head the effort to go after the American nuns of the LCWR and accuse them of wrongdoing, you might guess they’d be very careful to pick a prelate who is clearly beyond reproach.

    Guess again. The church hierarchy – taking the suggestion, some insiders say, of disgraced Cardinal Bernard Law – tapped Seattle Archbishop Peter Sartain to head up the “investigation” into the largest group representing Catholic sisters, the Leadership Council of Women Religious (LCWR).

    But it’s Sartain, not the nuns, who should be investigated.

    Let’s focus on two clergy sex abuse and cover-up cases Sartain handled back when he was the bishop of Joliet Diocese. But before you assume I’m digging up ancient history, please notice that each of these cases took place within the last three years (long after America’s bishops pledged they’d have “zero tolerance” for clergy sex offenders and “openness and transparency” in clergy sex cases).

    Case #1

    In the spring of 2009, a Joliet diocesan seminarian named Alejandro Flores was caught with porn, prosecutors say. (According to one news account, “Though the website posted a disclaimer saying the people involved in the sex acts were not minors, a prosecutor said Catholic officials were concerned some of the images appeared to be those of young boys.”)

    Months later, in June of 2009, Sartain ordained Flores anyway.

    And six months after, in January 2010, Flores was arraigned on charges of molesting a boy twice earlier that month.

    In September 2010, Flores pled guilty.

    And that same month, Pope Benedict promoted Sartain to head Seattle’s archdiocese.

    Keep in mind, by the way, that it’s pretty clear that Bishop Sartain knew of Flores’ misdeeds before Flores was ordained. Joliet is a relatively small diocese and no one has suggested that Sartain’s underlings concealed Flores’ misdeeds from him.

    Case #2

    The same month that Flores was arraigned, a brave man reported to Bishop Sartain’s staff that he had been molested as a child by two Joliet area priests. Both of the clerics – Fr. Lee Ryan and Fr. Kevin McBrien – were still in ministry.

    Five months later, however, neither Sartain nor his staff had taken any action about either priest. The worried and frustrated victim contacted SNAP. At a sidewalk news conference, SNAP disclosed the allegations. Finally, the child molesting clerics were temporarily suspended.

    Many months later, a Joliet chancery office staffer eventually told the victim – privately – that his abuse report was deemed “credible” and that one of the priests would never be restored to ministry. But even then, Sartain chose secrecy, refusing to disclose the finding or his decision publicly, leaving parishioners in the dark about whether or not this priest is a pedophile.

    And he’s maintained that secrecy to this day. Ask a friend or relative of Fr. Ryan or Fr. McBrien about the status of the church “investigation” into child sex abuse allegations against either of them, and you’ll almost certainly be told that there’s been no resolution.

    So in 2010, Sartain kept kids at risk for at least five months by keeping silent about child sex allegations against them. He’s kept kids at risk even since by his continued silence.

    In sum, Sartain has done a terrible job on abuse and cover up in Joliet. He was promoted nonetheless, showing again, that bishops who ignore or conceal child sex crimes keep getting rewarded, not punished. And now he’s been rewarded again – with a high profile role leading an extensive Vatican-sponsored probe into whether US nuns are overemphasizing poverty-fighting work or picking a few controversial conference speakers.

    I think Bishop Sartain needs to remove the monumental log in his own eye before he has any moral authority to investigate the women who have lived the biblical teachings of Jesus.  It makes me wonder if Sartain goes to sleep every night saying the “Prayer of the Pharisee,” (Luke 18-11). If you don’t know it:

    The Pharisee stood by himself and prayed: ‘God, I thank you that I am not like other people—robbers, evildoers, adulterers—or even like this tax collector.

    Yeah, those “other people.” Like nuns and sex abuse victims.

  • Michael Harris trial is a go …

    The Michael Harris trial is scheduled to begin on Monday, June 18 at 9am. Barring any last-minute settlements, you’ll see me at Dept. CX103, Orange County Supreme Court.

    It should be a barn burner.  Get ready to see some diocese dirty laundry.

    Even Bishop Tod Brown concedes Harris is a monster.

    The victim is an active duty Air Force lieutenant colonel and KC-10 pilot who has flown combat mission over Kosovo, Iraq, Afghanistan and other parts of the Middle East and Europe.

    So, the Diocese of Orange chooses the word of a monster over the word of an active duty war hero — a war hero with everything to lose by coming forward.

    I’m speechless.

  • BREAKING: Former Hawaii bishop accused of molesting boy

    For immediate release: Wednesday, June 13, 2012

    Hawaii bishop accused of molesting boy

    New sex abuse and cover-up lawsuit is filed

    This is the 2nd victim to name Ferrario as offender

    Diocese knew and covered up allegations, lawsuit says

    New state law lets victims expose abusers & protect kids

    In a new civil lawsuit using an unusual new state law, a former Hawaii bishop and one of his priests are accused of molesting a boy and Catholic officials are accused of ignoring or concealing their crimes.

    A California man says he was sexually violated as a ten-year-old in 1973, first by Fr. Joseph Henry and then by former Honolulu Bishop Joseph Ferrario. At the time, the boy attended mass at St. Anthony’s parish in Kailua. Both alleged wrongdoers are now deceased.

    The lawsuit is one of the first filed under a new Hawaii law that lets child sex abuse victims use the courts to expose predators, protect kids and seek justice, even decades after they were assaulted.

    The victim, who grew up in Hawaii and now lives in California, is suing the Honolulu Diocese, which employed both clerics.

    The suit says that after being sexually victimized by Henry, the confused and scared boy was placed in religious education classes with Joseph Ferrario. Ferrario was a new priest at the parish who allegedly “counseled” the victim and began abusing the boy himself. The abuse reportedly continued after Ferrario was made an auxiliary bishop and continued until 1978.

    Before Ferrario came to the parish, boy reported the abuse by Henry to two other priests, who told him to keep quiet, the suit maintains

    This is the second victim of Henry and Ferrario to come forward.

    In 1991, David Figueroa of Hawaii filed a similar suit against both clerics. In 1991, it was dismissed because the statute of limitations had passed .

    The victim in the new suit came forward to a church lawyer in 1991 to report his abuse, but allegedly, Honolulu church officials offered no help and launched no investigation (or did so secretly).

    “This is a perfect example of how Hawaii’s new civil window law can being justice and accountability to victims,” said Joelle Casteix of Newport Beach, SNAP Western Regional Director. “Here’s a victim who did everything ‘right,’ but church officials silenced him and kept kids at risk. But because of this smart new law, the public will be able to learn which diocesan staff ignored or concealed these heinous crimes.”

    “The new Hawaii law is especially important in situations like this one, when the power of an accused bishop is one of the factors that has prevented justice from being done,” said Terence McKiernan, president of BishopAccountability.org. “We know of 22 bishops in the U.S. who have been accused of abuse, including Bishop Ferrario, and as bishops, they have a crucial role in the clerical culture of abuse and the enabling of abuse.”

    The new law, Act 068, sponsored by Sen. Maile Shimabukuru and signed by Gov. Neil Abercrombie in April gives child sex abuse victims a two-year “window” to use the civil courts to expose their perpetrators and those who may have ignored or concealed the crimes. This is the second known case filed under the new law. The first, against Damien High School chaplain Gerald Funcheon, was filed in May.

    In California and Delaware, civil window laws exposed hundreds of predators and help law enforcement put predators behind bars.

    Henry, who died in 1974, also went by J. Michael Henry and Joseph M. Henry. Ferrario died in 2003 and spent part of his clerical career working in Hawaii and California. You can see his entire history here

    Copies of the lawsuit are available on the website http://www.abusedinhawaii.com

    The lawsuit was filed in the Hawaii’s First Circuit Court and seeks unspecified damages.