The Worthy Adversary

Tag: Mike Reck

  • 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.


  • **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.