The Worthy Adversary

Tag: Dave Pierre

  • 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.


  • Dissecting Dolan’s Apologists

     

    Documents recently exposed in the Archdiocese of Milwaukee showed that NY Cardinal Timothy Dolan paid predator priests $20,000 to quietly leave the priesthood. Yeah, really.

    The response from Dolan? Cue the crickets. But that doesn’t mean that Dolan’s apologists have also clammed up. In fact, they have been very loud in defending Dolan, saying, “Well, at least he got rid of these bad apples.” If you want to read those articles, you can look them up. I really don’t want to drive traffic to them via my links.

    I am not going to rehash the same news you can find on a million other websites. I am also not going to restate the 9,000 fine points of the public safety hazard Dolan caused. Every point is painfully obvious to anyone with a soul. Instead, this post is about why the apologists are dead wrong.

    1) This ain’t the Wizard of Oz, sister. So quit trying to divert my attention.

    The Catholic League, Archbishop Charles Chaput and others always like to say, “There’s nothing to see here. Abuse is way worse in public schools. It’s a liberal conspiracy.” Here are my responses: Yes there is; Maybe; and Hell, no.

    Lady Justice carries a sword and scales. Do you know why?  So that she may not remove the blindfold from her eyes. Justice must remain blind, whether you wear the clerical collar or are a federal politician. What murderer could stand before the court and say, “Gee, maybe I killed one person, but look at Hitler. He killed millions.” It’s a ridiculous argument and should be viewed as such.

    I am going to give the apologists the same answer that my father gave me every day of my life until I moved out for good: “I don’t care what ‘everyone else’ is doing. You need to obey MY rules.” Dolan was WRONG. He BROKE THE LAW by not reporting abuse. He covered up for abusers. He must be held accountable. Period.

    2) If it’s okay to pay predator priests $20K, why didn’t you pay good and honorable priests the same amount when they choose to leave the priesthood?

    I know a number of former priests (and have talked to a couple before writing this. I encourage others to comment or contact me). I do not know a single good, honorable priest who was given a dime when they left the priesthood. A friend of my father’s and former LA priest Terrence Halloran (who reached out to me and has been an amazing and honest source of information and support), left the priesthood in 1967 because he fell in love. When I asked him, he said, “I didn’t even get paid for November 1967, my last full month in ministry.” He was also handed a bill (eventually forgiven by the Archdiocese of LA) for his education.

    Patrick Wall, a former priest and my friend and colleage (and according to the Official Catholic Directory 1994-1996 a judge/advocate for the Tribunal for the Archdiocese of Minneapolis/St. Paul – you can look it up. In fact, I INVITE you to, because it will be subject of a later post) was also handed a bill for his education when he left the priesthood. It was huge and it was never forgiven. He didn’t say that he was leaving to become an advocate for victims. He didn’t molest kids. He was just sick and tired of covering up for child molesters. His first job outside of the priesthood was as a nurses aide in a rest home. Now, the church is trying to say that he was never a judge/advocate. But the OCD never lies.

    These two good and honorable men were forced to enter the secular world with no savings, no support, no slush fund, no “wink and nod,” no annuity. So quit telling me that Dolan did the right thing by paying predators off to go away.  Twice-convicted child predator Oliver O’Grady is set for life, so why did Patrick Wall have to empty bedpans to eat?

    3) This has nothing to do with politics

    Yes, the bishops are suing the Obama administration regarding the Affordable Health Care Act. That is their right and duty under the Constitution. And yes, many liberal voices have spoken out for victims against the cover-up of abuse … but so have conservatives. So let’s cut to the chase: Sex abuse and cover up are not about politics. I know victims who have been ardent supporters of the cause who worked in the George H.W. Bush administration, victims who are Republicans, Libertarians, unaffiliated voters, and conservative Catholics. Some of my own biggest supporters are the mega-conservative Catholics who attending Latin services. Don’t tell me that this is a liberal conspiracy. Just as many Republicans were sexually abused as Democrats. Yes, the leadership of SNAP leans to the liberal side. So what? My husband is a Republican. (And I love my husband much more than I love David Clohessy. Sorry, David.)

    4) Predator public school teachers get paid off all of the time. Why aren’t you going after them?

    Yes, predator public school teachers get paid off all of the time. And I hate it, so I fight against it every time I can. But the public sector doesn’t use God, moral authority, eternal damnation or excommunication via lynch mod to hide abuse. The Catholic Church must be held to the same “higher standard” that that they demand of their faithful. Especially when they use tax dollars.

    That being said, the public sector MUST be held to account. That requires money, political power, influence and connections. It means fighting unions and the status quo. Heck, the U.S. Catholic Church itself doesn’t have the money to expose sex abuse in governmental organizations. It’s a grassroots movement in its infancy. But the real change will have to come from the inside with victims coming forward and demanding justice …just like the real change in exposing sex abuse in the Catholic Church came from victims and Catholics.

    We can continue the discussion in the comments or on Twitter at #CardinalDolan

    Find me on Twitter @jcasteix

     

     

     

  • **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.

     

    ****************************************

    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.

     

     

  • BREAKING: KC/St. Joseph Bishop will stand trial for child endangerment

    Bishop Robert Finn will be the highest ranking official tried in the criminal courts for covering up/failure to report child sex abuse.

  • 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.