Judge orders quick trial in Philadelphia church sex case

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PHILADELPHIA | Fri Mar 25, 2011 5:38pm EDT

PHILADELPHIA (Reuters) - A judge on Friday skipped a preliminary hearing and ordered an immediate trial for a Catholic monsignor, two priests and others named in the sexual abuse scandal rocking the Archdiocese of Philadelphia.

Dismissing arguments by defense attorneys, Common Pleas Judge Renee Cardwell Hughes told Monsignor William Lynn and his four co-defendants they would proceed directly to trial in the priest pedophilia case.

Lynn, a former secretary of the clergy in the Archdiocese, faces charges of child endangerment. Priests Charles Engelhardt and Edward Avery, former priest James Brennan and former Diocesan teacher Bernard Shero face rape and other criminal charges.

The Archdiocese of Philadelphia is the sixth largest in the United States with 1.5 million Catholics.

A clearly irritated judge also issued a gag order on lawyers for both sides, instructing them not to grant interviews or appear in the media. Her ruling was based on the "extraordinary" number of interviews already conducted by both sides over the last two weeks.

Hughes issued several other rulings, including allowing the district attorney to file a conspiracy charge against the defendants and to allow Brennan to be prosecuted in Philadelphia even though his lawyers argued that none of the incidents he is charged with took place in Philadelphia.

Sparks flew in the courtroom when Brennan's lawyer, Richard DeSipio, complained about a letter the district attorney sent to the judge. It cited a possible conflict of interest for DeSipio, a former seminarian who later became a lawyer, noting he may have come in contact with a potential witness in the case when he was training to become a priest 28 years ago.

Hughes said the district attorney was bound by law to tell her of any potential conflict.

"If you open your mouth one more time, I will have the sheriff take you out of here," Hughes told DeSipio, threatening to have him locked up.

At various other points in the heated hearing, Hughes told the gaggle of defense lawyers talking over one another to "shut up."

The judge also sharply questioned Lynn about his use of two attorneys paid by the Archdiocese of Philadelphia. She asked whether he understood that his personal interest might differ from the Archdiocese's interest in the case. She also asked whether he was aware he faced up to 28 years in prison if he is convicted of all counts against him.

"You understand, that this is a natural conflict of interest?" Hughes asked.

Lynn remained firm in his decision to retain the church-paid attorneys.

He and his four co-defendants are scheduled for formal arraignment on the charges on April 15.

(Editing by Barbara Goldberg and Greg McCune)

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Comments (1)
Physician wrote:
I believe that Judge Hughes has courageously focused on a serious problem, in the leadership of the Roman Catholic Church, when I read: “The judge also sharply questioned Lynn about his use of two attorneys paid by the Archdiocese of Philadelphia. She asked whether he understood that his personal interest might differ from the Archdiocese’s interest in the case.”

As a Catholic physician, I can understand how Monsignor Lynn might believe that the Church will protect, since the RCC has covered up for its abusing priests for centuries, and since complicit bishops and cardinals have even been given higher status when their role in protecting abusers is known, eg, Cardinal Law of Boston now has an elevated position in Rome. Why are the Pope and hierarchy not accountable for their actions?

The RCC has been allowed to act as if it is above the law. The American attorney, defending Pope Benedict XVI, claims that the Pope has diplomatic immunity, and that the tiny piece of land of the Vatican, within the city of Rome, is a sovereign state. This claim is being challenged by G. Robertson, Queens Counsel, human rights lawyer, and judge at the United Nations, for crimes against humanity, in his new book: THE CASE OF THE POPE.

I am a Catholic physician. I have met many who have been sexually abused by priests in the States and around the world. It is a worldwide systemic problem in the Roman Catholic Church.

I ask myself, where are the integrity and transparency of Pope Benedict XVI and of many of the hierarchy, if they choose to hide behind a claim of diplomatic immunity, so that they will not have to be deposed, and open Vatican records of cases of worldwide priest sex abuse, to police and lawyers for investigation?

I was sexually assaulted myself by a Carmelite priest years ago. It is a shameful experience to be abused by a priest, who smugly knows that the RCC will protect him, right or wrong.

It takes courage to speak-up. It can take many years to get the courage to speak up.

In the past, abusing priests could threaten victims by telling them that no one would believe their stories. Sadly, in the past, many did not believe the stories of the victims.

I feel sure that there are many other victim/survivors who will never have the courage to speak up and let others know of the shameful sexual abuse, that they have experienced, at the hands of sexually immature priests. Tragically, some victims around the world have committed suicide. At least 13 suicides have been documented in Belgium alone.

I am grateful to see that Judge Hughes is not being compromised by a deference to the power and abuse of moral authority of the Roman Catholic Church.

From my perspective, for the leaders of “Holy Mother Church” to re-victimize the victims, by hiring lawyers that re-victimize those who were abused by priests, is unconscionable.

It is time for “Holy Mother Church” to act like a caring mother, to protect innocent children from abuse, to heal those who have been abused, to remove abusing priests from the priesthood, and to send all cases of possible priest sex abuse to the police for investigation and prosecution,, as needed. Sexual abuse by priests is a serious crime.

I also pray for an end to mandatory celibacy and to the obedience demanded by the Roman Catholic Church, which has the effect of disempowering individuals and fostering dependency on an institution. Jesus was a servant leader, not a Roman prince. Jesus healed and uplifted and empowered people to be all that they could be, for God’s greater glory.

I think many men need the responsibility of marriage and of raising children of their own, in order to help them to mature. The same-sex culture of seminaries and of religious orders only serve to increase the power and control of an institution over the lives of priests, and can lead to psychosexual immaturity, and likely has been a cause of the worldwide priest sexual abuse of innocent children.

What is happening in Philadelphia, hopefully, will be a new beginning for the RCC and for all of us Roman Catholics, to try again to walk in the footsteps of Jesus.

Sincerely, Dr Rosemary Eileen McHugh, Chicago, IL.

Mar 28, 2011 1:12pm EDT  --  Report as abuse
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