Philadelphia Grand Jury Recommends Criminal Charges Which Include Archdiocesan Official

The Jury is In and the Cardinal Responds

A Grand Jury in Philadelphia has issued a report and presentment concerning child abuse in the Archdiocese of Philadelphia. The presentment recommends charges against three clergy and a lay teacher. They also recommended charges against the Secretary of the Clergy of the Archdiocese for endangerment.

WASHINGTON, DC (Catholic Online) - On February 10, 2011 a Philadelphia Grand Jury landed a serious blow to the Philadelphia Archdiocese with regard to child abuse charges against three priests and a lay teacher. In addition to recommending criminal charges in all three cases, the Grand Jury also recommended criminal charges against the Secretary for Clergy for the Archdiocese of Philadelphia under Cardinal Anthony Bevilacqua.

The recommended charges against the three priests, Edward Avery, Charles Engelhardt, and James Brennan and the teacher, Bernard Shero include rape and indecent sexual assault. In addition, they are recommending charges against Monsignor William J. Lynn, the Secretary for Clergy, which includes two counts of endangering the welfare of a child.

The report and presentment of the Grand Jury is the second of a one-two punch for the Archdiocese. The first came six years ago where a Grand Jury issued a 127 page report that began, "This report contains the findings of the Grand Jury: how dozens of priests sexually abused hundreds of children; how Philadelphia Archdiocese officials - including Cardinal Bevilacqua and Cardinal Krol - excused and enabled the abuse; and how the law must be changed so that it doesn't happen again. Some may be tempted to describe these events as tragic. Tragedies such as tidal waves, however, are outside human control. What we found were not acts of God, but of men who acted in His name and defiled it."

In his response the recent report, Cardinal Justin Rigali stated, "Sexual abuse of children is a crime. It is always wrong and gravely evil. Protecting children, preventing child abuse and assisting victims are priorities of the Archdiocese of Philadelphia. The Grand Jury Report makes clear that for as much as the Archdiocese has done to address child sexual abuse, there is still much to do."

The Cardinal moved beyond mere words through the following actions, as reported on the Archdiocesan website:

- "He has directed the immediate re-examination of all cases of concern to the Grand Jury, which asserts that as many as "37" priests remain in active ministry with credible allegations of child sexual abuse. This re-examination will be undertaken to determine the suitability of these priests for active ministry.

- "To lead that re-examination, the Archdiocese has retained the services of Gina Maisto Smith, J.D., a partner at the law firm of Ballard Spahr. Mrs. Smith is a former Philadelphia Assistant District Attorney who for nearly two decades has prosecuted child sexual assault cases. Mrs. Smith will re-examine all cases of accused priests in active ministry, as well as review the procedures employed by the Archdiocese, and make recommendations to the Cardinal. Mrs. Smith will also assist the Archdiocese in its communications in the course of dealing with the District Attorney's Office and in responding to the Grand Jury Report.

- "The Archdiocese has placed Father Joseph L. DiGregorio, Father Joseph J. Gallagher and Father Stephen B. Perzan on administrative leave. At the direction of Cardinal Rigali, all three will refrain from the public exercise of ministry pending the outcome of a second review of their cases.

"The Archdiocese takes seriously the observations and recommendations of the Grand Jury Report, and remains committed to working with the Philadelphia District Attorney.

"Change begins with action. The actions we announce today build on the changes that the Church has already announced, including retaining Mary Achilles as a victim services consultant, hiring Joseph Cronin Jr., J.D., Ph.D., to ensure priests' compliance with the Standards of Ministerial Behavior and Boundaries [http://bit.ly/AOPministerialstandards], and creating the position of Delegate for Investigations."

On his blog, Whispers in the Loggia, Rocco Palma observed, "If even a fraction of the allegations to be reinspected are either admitted by the accused or newly judged to be "established" -- the archdiocese's consistent standard, in line with the Stateside church's particular law in force since 2002 -- the resulting mass suspension would mark, by far, the largest single banishment of priests on abuse allegations in the long trail of the most seismic scandal ever to shake the American church."

A friend of mine years ago commented that church scandals also encompass the "victimization of the faithful."

Faithful Catholics everywhere are also victimized - Catholics in Philadelphia are particularly feeling it right now. Though not to the extent as the primary victims - all Catholics have been impacted by the sinful and repugnant actions of a few men who had taken vows before God. They have also scandalized the priesthood.

Again, these faithful are looking for a proper response.

In a recent article on "zero-tolerance" concerning child abuse, John Allen of the National Catholic Reporter referred to Archbishop Dolan of New York, the President of the U.S. Conference of Catholic Bishops, who firmly believes that church officials need to have a genuine "sense of contrition."

 "What we have to do, and the bishops have to lead it, is one big fat mea culpa," Dolan said. "We can't get tired of that, and we have to mean it."

In addition to contrition, Cardinal Rigali added a second and most important component - action. He pointed to the serious breach of confidence by the faithful that must be addressed in his response to the Grand Jury findings.

"Many people of faith and in the community at large think that the Archdiocese does not understand the gravity of child sexual abuse. We do. The task before us now is to recognize where we have fallen short and to let our actions speak to our resolve."

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Randy Sly is the Associate Editor of Catholic Online and the CEO/Associate Publisher for the Northern Virginia Local Edition of Catholic Online (http://virginia.catholic.org). He is a former Archbishop of the Charismatic Episcopal Church who laid aside that ministry to enter into the full communion of the Catholic Church.

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