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August 11-17, 2005

city beat

Sins and Omissions

Clergy-abuse victims turn to Harrisburg for help.

After three long years, the grand jury investigating the sexual abuse of children by archdiocesan priests is nearing an end.

Last week, the Inquirer reported that the grand jury has prepared a 500-page report documenting dozens of assaults on minors by at least 50 priests. The findings — now in the hands of Common Pleas Court Judge Gwendolyn Bright and expected to be publicly released in early September — also detail how, for decades, Philadelphia church leaders shielded abusers and covered up complaints of abuse. It does not call for any indictments against church officials.

"We do take solace in the fact that the grand jury will be providing a public record of the victims' stories," says Marie Whitehead, director of the local chapter of the Survivors Network of those Abused by Priests (SNAP). "For so long, we've had our voices minimized by the church or been told we were lying. Hopefully, this will help in the continued healing process of victims."

In the nation's longest-running investigation into clerical sex abuse, scores of victims, priests and church leaders, including former Philadelphia Archbishop Anthony Bevilacqua and current Archbishop Cardinal Justin Rigali, testified before the grand jury. The archdiocese's cooperation was often described as tense and, last year, it hired the services of the powerful defense attorney Richard Sprague.

According to sources familiar with the investigation, the grand jury couldn't pursue criminal charges against nearly all of the accused priests due to Pennsylvania's stringent statute of limitations. Until 2002, a victim of sexual abuse had two years after his or her 18th birthday to file charges. After the clergy-abuse scandal broke nationwide, the statute was extended to a victim's 30th birthday. The grand jury's sole recommendation to indict was issued last year against Father James Behan, a former Northeast Catholic High School teacher who has since pleaded guilty to repeated sexual attacks against a male student in the 1970s. (In that case, the clock on the statute of limitations stopped running since Behan left the state shortly after the abuse occurred.)

During the investigation, prosecutors contemplated filing endangering-the-welfare-of-a-child charges against the archdiocese. Those efforts stalled after diocesan attorneys argued the church did not fall within the state's legal description of a guardian. (It defines a guardian as someone who provides a child food or shelter.) Also, state law mandates that charges be filed against individuals, not entities or corporations.

Neither the District Attorney's Office nor the archdiocese would comment for this article, citing a court-ordered gag order.

Other grand juries have faced similar hurdles, says David Clohessy, SNAP national executive director. No American bishop or high-ranking member of the hierarchy has ever been indicted for covering up sexual crimes, he says.

"A lot of survivors of abuse across the country hoped that Philly would do what others have failed to do," says Clohessy. "But again, we have the painfully familiar situation of hundreds of victims coming forward only to be told that archaic statute-of-limitations law prevents them from getting justice."

The grand jury's impending conclusion will mark the end of local public inquires into clerical sex abuse. Last summer, Common Pleas Court Judge Arnold New cited the statute of limitations when dismissing nearly two dozen lawsuits alleging church leaders had systematically covered up abuse and allowed known pedophiles continued access to children.

Whitehead said she couldn't comment on the findings since the report has yet to be made public. She did, however, say that although the DA's Office treated abuse victims with respect and dignity, many will "no doubt be sad and angry" that church officials are not being held accountable.

John McDonnell, 61, and two of his brothers say they were molested by a parish priest as teenagers growing up in West Philadelphia. He says the grand jury's findings will deepen the wounds of many victims who feel archdiocesan officials ignored them when they came forward with claims of abuse.

"Luckily," says McDonnell, "I still have my faith because I sought out good, spiritual priests on my own, to help me with my healing. But if I was depending on archdiocesan leaders for the support and guidance I needed to deal with my abuse, I'd be in a very bad place."

For its part, the archdiocese has fully implemented the reforms of the Charter for the Protection of Children and Young People mandated by the United States Conference of Catholic Bishops in the wake of the abuse scandals. Reforms include an independent review of all abuse allegations, the addition of two victims-assistance coordinators and the immediate reporting to police of any abuse incident.

Whitehead still says SNAP has "given up" on creating a meaningful dialogue with archdiocesan leaders and is lobbying legislators to reform the statute of limitations.

"If these rigid statute of limitations laws prevented the district attorney from doing all she could to protect children," says Clohessy, "then I hope she'll be leading the charge in Harrisburg to get these laws amended."

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