The Worthy Adversary

Tag: Archdiocese of los angeles

  • **UPDATED**FIRST HAWAII LAWSUIT FILED** Gerald Funcheon: A missing priest appears ….

    The first lawsuit under Hawaii’s landmark civil window was filed yesterday in Hawaii Circuit Court.

    The lawsuit (posted here) charges that Fr. Gerald Funcheon sexually abused a 13-year-old boy at Damien Memorial School in 1983/1984 during an overnight retreat on the eastern shore of Oahu. Considering Funcheon’s history (you can read some of the documents here), we can only assume that there may be more victims in Hawaii who are suffering.

    Besides exposing predators and keeping kids safe, the beauty of the anti-crime civil window is that the responsible parties are forced to be accountable for the harm they did to child victims and take some of the financial burden for victims’ care off of state coffers and taxpayers. The civil window provides an opportunity put that burden back onto the abusers and enablers, where it belongs.

    Similar laws in California and Delaware have exposed hundreds of predators and helped law enforcement put child molesters behind bars.

    Funcheon has also been accused of sexual abuse by two former students at Salinas’ Palma School, Chris Spedden and Steven Cantrell. Cantrell, a Monterey-area doctor, wrote an open letter to Palma and the community about the importance of coming forward and reporting sexual abuse. Both Spedden and Cantrell came forward as a part of the Irish Christian Brothers’ bankruptcy. The Brothers run Damien and Palma, as well as other schools across the United States

    Spedden, Cantrell and the victim in Hawaii are heroes.  Were it not for them, Hawaii and California would never have known about the predator dumped in their schools.

     

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    Original post: March 15, 2012

    Every once in a while, the stars align.

    Last year, I was contacted by family members of a child sex abuse victim. They asked me if I had any information about a priest named Gerald Funcheon who worked at Damien Memorial High School in Honolulu. I had never heard of Funcheon, but a quick search showed that he had a nasty past.

    Not only was the Crosier priest banned from the Diocese of Indianapolis, but there were numerous sex abuse lawsuits against him from his time in the midwest. And then Funcheon vanishes: he disappeared from the Official Catholic Directory in the early 1980s. There is really only one reason why a living priest would vanish from the Official Directory. He was probably in hiding.

    I told the family that I couldn’t find any information about Funcheon in Hawaii, but to keep in touch.

    A few months later, the Irish Christian Brothers based out of New York declared bankruptcy because of more than 50 allegations of abuse at one of their Seattle schools and more than 250 allegations of abuse at Mt. Cashel Orphanage in Newfoundland. They are the 10th Catholic diocese or religious order to seek bankruptcy protection due to sex abuse claims.

    When a religious order or diocese declares bankruptcy because of child sex abuse, the court will order a “bar date,” that is, a deadline for ALL victims to come forward and use the bankruptcy court to “out” their perpetrator and file a claim. This is a good thing and a bad thing.

    It’s good because it opens a window for victims who couldn’t come forward before because their statutes of limitations had run out. It allows potentially hundreds of victims to use the court system to get justice and do what they can to ensure that what happened to them doesn’t happen to another child.

    It’s bad because the window is only open for a very short period of time. After the deadline, many victims lose the ability to use the civil justice system forever.

    In the case of the Irish Christian Brothers, getting the word out is tough.  They run or ran dozens of schools across the United States. Many well known perpetrators (like Thomas Ford, who was convicted of beating abandoned children, and Robert Brouillette, who was convicted of child pornography after being arrested in a police sting for attempting to meet a child he had lured on the internet) worked in seven or eight of the schools. Many of the brothers sailed under the radar and were never listed in diocese directories.

    But yearbooks never lie.

    I decided to go to Honolulu (I know, it was a tough decision) and do a press event to garner attention about the bankruptcy. While many alumni at the school were scheduled to receive letters telling them that they may have rights, I knew that there was going to be no publicity about perpetrators that worked at the school.

    I got copies of the Damien yearbooks from the Honolulu public library (because of a super-dooper friend who shall remain nameless) and we started comparing faculty to known, admitted, or convicted predators. And guess who we found? Thomas Ford and Robert Brouillette (our two arrested and convicted Christian Brothers) and … Gerald Funcheon. He worked at the school for two years (1983-1985), right after he escaped allegations of abuse in Florida, Indiana and Minnesota.

    We got all three men in the news.

    But there’s more.

    Not only did we find Funcheon in the Damien yearbooks, but we also found him in Palma School yearbooks. Palma, which is a Catholic all-boys school in Salinas, CA, was where Funcheon was “dumped” in 1984 after parents in Hawaii complained that Funcheon was possibly molesting kids. Two victims from Funcheon’s time in Palma have now come forward.

    I kept in touch with the family in Hawaii. They now know that their son has legal rights. They also have photographic evidence that Funcheon worked at Damien.

    And the Irish Christian Brothers? I fear we will uncover a cover-up scandal where Irish Christian Brothers officials knowingly shuffled child predators from school to school and destroyed hundreds of children across the country.

     

     

  • Disconnect, Pt 2: Subpoenas are for the little people

    Earlier this year in Kansas City, SNAP’s David Clohessy was ordered to give a six-hour deposition in a child sex abuse lawsuit. Neither SNAP nor David himself were a party or even knew the victim. Critics piled on Clohessy, calling him evasive and a con-artist. In the end, the deposition has nothing to do with the lawsuit. It was instead a legal maneuver on behalf of a group of bishops to bankrupt SNAP through legal fees.

    This week in Stockton, California, former Los Angeles Cardinal Roger Mahony was called to testify in court in the case of Father Michael Kelly, a priest that a civil jury found had molested a boy in the 1980s. Mahony decided to go to Rome instead. Lawyers are pushing for the judge to cite Manhony with contempt.

    And legal fees? No worries: the Diocese of Stockton and the Archdiocese of Los Angeles are always more than happy to pick up his legal fees. Collection baskets from poor parishes in vulnerable communities never seem to fail. Besides, what does Mahony care that he is costing taxpayers thousands of dollars in unnecessary court costs?

    So who’s the con artist now?

    Read Disconnect Part I here

     

  • Fr. Michael Kelly is so NOT innocent …

    …that he skipped the country, just to make sure that the cops never find him.

    I hope his supporters (like the ones who tried to tamper with the jury) finally realized that he just flipped them the bird.

  • Most of the time – but not every time – our courts get it right …

     

    I am a huge fan of the US justice system.  After more than 200 years, our impartial courts have “gotten it right” a vast majority of the time. It’s not perfect, but it’s the best in the world.

    Here’s a great example:

    Last week, a jury unanimously found that Fr. Michael Kelly was liable for abusing a boy in the 1980s. The trial is currently in its second phase to determine whether or not the Diocese of Stockton knew about the abuse and covered it up.  It took the alleged victim years to get the case in front of a jury, and 12 impartial citizens made their decisions based on the evidence. (One of Kelly’s supporters has been accused of jury tampering. Let’s hope that if true, that person is punished to the fullest extent of the law).

    And another:

    A Missouri judge has refused to drop misdemeanor criminal charges against Kansas City- St. Joseph Bishop Robert Finn and the Diocese. The charges stem from allegations that Finn knew that one of his priests possessed child pornography. Instead of reporting to law enforcement (possession of child pornography is a federal crime, remember?), Finn allegedly sat on the information, sent the priest out of state (?!), and didn’t warn local families that their kids may have been victims of abuse. The priest who took and kept the photos has been indicted on 13 counts of exploiting five children ages 2 to 13.

    But sometimes, judges get it wrong:

    A bankruptcy judge in Milwaukee has refused to make public secret church documents and depositions that outline the scope and scale of child sex abuse and cover-up in the Archdiocese of Milwaukee. The documents were produced when the Archdiocese of Milwaukee sought bankruptcy protection to avoid potentially embarrassing public civil trials.

    Judge Susan V. Kelley’s reasoning? They were “too scandalous.”

    Note to Judge : Civil law exists to punish wrongs, compensate victims for injury and DETER FURTHER WRONGDOING. The only way to truly punish the Archdiocese and deter further wrongdoing is to expose the full scope and scale of the abuse.  If we don’t know what church officials knew and did, how can we be sure that they won’t turn around and do it again?

    This bankruptcy has nothing to do with finances. Instead, it has everything to do with silencing victims and denying them their days in court.

    Yes, scandal is ugly. No one likes to learn that hundreds of kids were abused and that priests and bishops knew about the crimes and did nothing to help kids. But shining a public light on secret church files will serve every community where a predator worked. The documents will also help law enforcement who, in places like Delaware and California, used these kinds of documents to put child molesters behind bars.

  • Another Lay Review Board Thrown Under The Bus …

    Serve on a Diocese lay review board, and you can go to jail. Or at least that’s what Kansas City-St. Joseph Bishop Robert Finn says.

    Bishop Finn and the Diocese of Kansas City-St. Joseph are each being charged with one misdemeanor of failure to report suspected child abuse. The charges stem from the case of Fr. Shawn Ratigan, a priest in the diocese who now faces 13 federal counts of child pornography. According to legal accounts, whistleblowers, and media reports, Bishop Finn knew about Ratigan’s suspicious behavior for at least a year, possibly more, and sat on Ratigan’s child pornography collection for six months before turning it over to the police.

    Finn also didn’t inform his own lay review board until six months after Finn learned of the pornography and a month AFTER he finally notified the police. This is a year after the school principal wrote Finn a detailed letter outlining Ratigan’s suspicious behavior, including the facts that parents had found toys in his house and children’s underwear in his bushes.

    The lay review board learned about the principal’s letter in the media. Not from Finn.

    Yesterday, lawyers for Finn stated that charges should be dropped because he is NOT a mandatory reporter. According to the Associated Press:

    Finn claims Vicar General Robert Murphy and a diocese review board — not the bishop — were responsible for reporting suspected images of child pornography to the state.

    Wait. Did I miss something? Now it’s the review board’s fault? Even when Finn keeps them in the dark (on purpose) or gives them incomplete and faulty information?

    I have written about the utter failure of law review boards in the past. These boards were expressly created to have NO power. Don’t believe me? From the 2001 Essential Norms (revised):

    4. To assist diocesan/eparchial bishops, each diocese/eparchy will also have a review board which will function as a confidential consultative body to the bishop/eparch in discharging his responsibilities. The functions of this board may include

    a. advising the diocesan bishop/eparch in his assessment of allegations of sexual abuse of minors and in his determination of suitability for ministry;

    b. reviewing diocesan/eparchial policies for dealing with sexual abuse of minors; and c. offering advice on all aspects of these cases, whether retrospectively or prospectively.

    See that part about “confidential and consultative”?  That means that the bishop can tell them whatever he wants and doesn’t have to take their advice. As a former board member myself, I know.

    How else do bishops keep lay review boards as powerless as possible? In Los Angeles, members of the review board admitted only knowing about “hypothetical” cases (while an admitted perpetrator was a board member). In Philadelphia, review board members had no idea about more than two dozen accused clerics still in ministry, until a grand jury report exposed them.

    The head of the Philadelphia Lay Review Board, Ana Maria Catanzano, went so far as to say that they were chartered to only review cases where civil or criminal litigation were not involved.

    So they weren’t even given cases to review that fell under the reporting statute.

    Who is supposed to report? The bishop. In fact, if you carefully review the norms, under #11, you will see this:

    11. The diocese/eparchy will comply with all applicable civil laws with respect to the reporting of allegations of sexual abuse of minors to civil authorities and will cooperate in their investigation. In every instance, the diocese/eparchy will advise and support a person’s right to make a report to public authorities. (from the footnotes: The necessary observance of the canonical norms internal to the Church is not intended in any way to hinder the course of any civil action that may be operative)

    That means that a criminal report must be made before ANYTHING else is done.

    But Norm #9 is my favorite:

    9. At all times, the diocesan bishop/eparch has the executive power of governance, within the parameters of the universal law of the Church, through an administrative act, to remove an offending cleric from office, to remove or restrict his faculties, and to limit his exercise of priestly ministry.

    Because sexual abuse of a minor by a cleric is a crime in the universal law of the Church (CIC, c. 1395 §2; CCEO, c. 1453 §1) and is a crime in all civil jurisdictions in the United States, for the sake of the common good and observing the provisions of canon law, the diocesan bishop/eparch shall exercise this power of governance to ensure that any priest or deacon who has committed even one act of sexual abuse of a minor as described above shall not continue in active ministry

    So, Bishop Finn, the buck stops with you. You have the “executive power of governance” over an institution required under law and moral obligation to report child sexual abuse. And you blew it.