Legal Resourse

Irish priest's extradition in rape case a step closer

Sun, 14 Feb 2010 09:37:15 +1100

Accused could be in custody next week as US judge blocks legal bid

By Don Lavery

A Catholic priest fighting extradition to Ireland over accusations he raped a 15-year-old boy 40 years ago could be in custody as early as next Wednesday, and faces being sent back here, after a US judge blocked attempts to halt his extradition.

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Evidence being presented before the federal courthouse in South Bend, Indiana, regarding Fr Francis Markey may be weak and suspect but it was up to an Irish court to weigh the evidence, said magistrate judge Christopher Neuchterlein on Friday.

Fr Markey, 82, was arrested by US marshals last November at his Indiana home in connection with the alleged rape of a 15-year-old boy in 1968 on foot of an extradition warrant. Fr Markey and his attorneys have been fighting the extradition bid since.

The priest, who was based in Monaghan, is accused of raping a 15-year-old boy twice, including the day of the then-teenager's father's funeral.

The man, who is now 57, made a complaint to gardai.

Fr Markey had been working as a drug and addiction counsellor at a centre in Michigan, with clients including young people. On Friday, his attorney, Mahmoud Bassiouni, said the only evidence of the crime presented by Irish authorities in their extradition bid was a report by the alleged victim -- who recalled being molested by Fr Markey as a child while recently undergoing counselling for alcoholism.

Mr Bassiouni wanted to introduce testimony from a psychologist who would cite research showing that improperly trained counsellors could "coach" or "induce" clients to recall past traumatic events as a way of rationalising current substance abuse or mental health problems.

"It goes to the very heart of the credibility of the only witness in this case," said Markey's attorney.

But assistant US attorney Kenneth Hays argued that Markey's attorneys were trying to "contradict" rather then merely "explain" the State's evidence, something not allowed in extradition cases under US law. The judge agreed and refused to allow the psychologist to testify.

"The evidence before this court may be weak. It may be suspect. But it's simply not the role of this court to weigh the evidence. That's up to the Irish court," the judge said.

The judge said he would also rule against a second argument made by Markey's lawyers, that because of a change in Irish law in 1993, which abolished the law against "buggery", his extradition was not lawful.

But the judge said that, regardless of the change, it was still illegal in Ireland to have sex with children. He gave the two sides until Wednesday to make further motions and Markey's attorneys said they would file more motions seeking to block the extradition.

The judge agreed to let the priest remain free on bail until then. But it's understood he could be taken into custody then and extradited soon after.

- Don Lavery

Sunday Independent

http://www.independent.ie/national-ne...62888.html

Man awarded .6M in priest sex abuse case

Fri, 12 Feb 2010 09:58:58 +1100

BURLINGTON, Vt. (AP) - A jury is awarding a former altar boy nearly .6 million because the Roman Catholic Diocese of Burlington didn't protect him from an abusive priest in the 1970s.

The jury returned the verdict against the diocese on Wednesday after a weeklong trial in the lawsuit filed by the now 43-year-old Maryland man.

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The plaintiff says he was groped on two separate occasions by former Vermont priest Edward Paquette when the victim was a boy.

Paquette was not on trial. Earlier this year a separate jury awarded a different plaintiff .7 million.

A second trial ended in a hung jury. Wednesday's award included 2,500 in compensation and .4 million in punitive damages.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

http://www.necn.com/pages/landing?blo...agID=20317

Priest accused of sex abuse losing fight against extradition

Fri, 12 Feb 2010 09:29:56 +1100

By JEFF PARROTT, Tribune Staff Writer

SOUTH BEND — A federal magistrate judge Friday said he will deny a Catholic priest’s attempts to fight extradition to his native Ireland, where he faces child molestation charges.

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Upon a request from the Irish government, the U.S. Department of Justice has been trying since early November to extradite the Rev. Francis Markey, 82, of South Bend.

A now-57-year-old man has told Irish police that Markey raped him twice at age 15 in 1968.

Today’s hearing had been postponed several times as Markey’s attorneys negotiated behind the scenes with U.S. officials, his attorney, Robert Truitt, has told The Tribune. Those talks failed to resolve the issue.

The only evidence of the crime presented by Irish authorities in their extradition request is a report by the alleged victim, who recalled being molested by Markey as a child while recently undergoing counseling for alcoholism, Markey attorney Mahmoud Bassiouni told U.S. Magistrate Judge Christopher Nuechterlein.

Bassiouni wanted to introduce testimony from expert witness John Harris, a Valparaiso psychologist, who would cite research showing that improperly trained counselors can "coach" or "induce" clients to recall past traumatic events as a way of rationalizing current substance abuse or mental health problems. Boussiani claimed that U.S. case law required Nuechterlein to find probable cause before extraditing Markey, and Harris’ testimony would be "explanatory" evidence the magistrate judge should consider before making that decision.

"It goes to the very heart of the credibility of the only witness in their case," Boussiani said.

But assistant U.S. attorney Kenneth Hayes argued that Markey’s attorneys were trying to "contradict" rather than merely "explain" the Irish government’s evidence, something not allowed in extradition cases under U.S. case law.

Nuechterlein agreed, and refused to let Harris testify.

"The evidence before this court may be weak. It may be suspect," Nuechterlein said. "But it’s simply not the role of this court to weigh the evidence. That’s up to the Irish court."

Nuechterlein said he will rule similarly on Markey’s other argument against extradition — that a 1993 change in the Irish criminal code means Markey cannot legally be extradited.

The code change abolished the law known as "buggery," which had previously criminalized anal sex — with children and between consenting adults.

But Nuechterlein has said the code change was likely in name only, and that is still illegal in Ireland to have sex with children. Regardless, it’s a legal question best left for an Irish court to resolve, he said.

Markey’s attorneys said they will file more motions seeking to block the extradition. Nuechterlein gave both parties until Wednesday to file written briefs, and he agreed to let Markey remain free on bail at least until then.

Staff writer Jeff Parrott:
jparrott@sbtinfo.com
(574) 235-6320

http://www.wsbt.com/news/local/84252582.html

Audit of Church sex abuse will be complete

Fri, 12 Feb 2010 09:21:40 +1100

By Clodagh Sheehy

A detailed audit of every case of clerical child sex abuse should be on the desk of the Minister for Children and Youth Affairs by the end of this month.

The audit of every Catholic diocese in the State is currently underway by the HSE and should be completed by then, according to Justice Minister Dermot Ahern.

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Work is also well underway on the preparation of laws to provide a statutory framework for sharing "soft information" from the audit.

The Minister says that a number of priests involved in abuse, discussed in the report of the Commission of Investigation into the Dublin Archdiocese, have already been brought to justice.

"Proceedings are pending against others and a number of investigations are ongoing. The Garda Commissioner has assured me that pursuing the perpetrators, whenever the abuse occurred, is an absolute priority for An Garda Siochana," he said.

The work of the Commission in relation to the dioceses of Dublin and Cloyne "will serve the purpose of establishing how child sexual abuse cases were dealt with by the Church and State authorities so that lessons can be learned and remedies introduced", he added.

csheehy@herald.ie

- Clodagh Sheehy

http://www.herald.ie/national-news/au...60901.html

Spokane Boys' Home Cleared Of Sex Abuse Charges

Fri, 12 Feb 2010 09:17:59 +1100

BY DOUG NADVORNICK

A jury in Spokane has cleared a Catholic boys' home of sex abuse charges brought by a former resident. The verdict could cast doubt on whether 18 other cases against the group home will go to trial. Doug Nadvornick reports.

The jury denied a claim by Kenneth Putnam. He's a 34-year-old Spokane man who says he was abused at the Morning Star Boys' Ranch more than 20 years ago.

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Putnam's attorneys tried to convince jurors that the group home has long been a haven for predatory priests and sex offenders.

But the panel cleared the boys' ranch and its longtime director, Father Joseph Weitensteiner, of all charges.

This was the first of 19 claims brought against the group home to go to trial.

Morning Star attorney Jim King says the reputation of the facility and its former leader have been unfairly tarnished.

Jim King: "Father Weitensteiner's a good man. He didn't do the things he's accused of. We fully intend to try each and every case where a claim is made that is unjustified and unwarranted."

Putnam's attorney, Tim Kosnoff, refused comment.

Before the trial, he said this case would help determine whether others against the group home will go to the courtroom or be settled.

© 2010 NNN

http://news.opb.org/article/6724-spok...e-charges/

Judge rules Wisconsin church fraud cases can include punitive damages

Fri, 12 Feb 2010 09:05:40 +1100

Time for bishop’s self-defeating opposition to new legislation to end

Statement by John Pilmaier, SNAP Wisconsin Co-Director
CONTACT: 414.429.7259

The ruling today that punitive damages can be considered by juries in child sex abuse fraud cases filed against Green Bay bishops needs to be understood in the context of previous rulings that these settlements cannot be covered by insurance. Does this mean that parishioners will be left to shoulder the consequences of their bishop’s fraudulent acts?

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Not so, according to a Milwaukee judge ruling in similar cases in Milwaukee County (see link below). A reform which would grandfather in a onetime only and time limited change in the civil statutes proposed by the Child Victims Act (SB319/AB453 ), currently under serious consideration by state lawmakers, could bring in much needed insurance coverage for these cases.

Yet, inexplicably, Archbishop Listecki has been leading a confused and ill advised charge to defeat this legislation. Why? Because the very same bill would also lead to the discovery of even deeper layers of criminal conduct and cover up by church officials. But bishops saving themselves from exposure and embarrassment is not a good enough reason to stop badly needed insurance coverage. After all, haven’t parishes and other religious institutions been paying their fair share of premiums and other costs over the years?

It’s time for Listecki and his brother bishops to start fighting insurance carriers instead of victims and end their expensive and self sabotaging lobbying campaign against the Child Victims Act.

And let’s hope that everyone who has been hurt by Fr. Feeney and any child sex predator take courage form the brave example of the long struggle of the Merryfield brothers and their family as they continue to press for justice, transparency and accountability.

SNAP, the Survivors Network of those Abused by Priests, is the oldest and largest support group for clergy abuse victims in the United Sates, founded in 1989 with over 9,000 members with chapters nationwide (SNAPnetwork.org).

–On Judge Krueger’s previous decision: http://www.fox11online.com/dpp/news/l...61105_rev1

–On Judge DiMotto’s Decision in Milwaukee (see last section): http://www.jsonline.com/news/milwauke...16269.html

http://www.fox11online.com/dpp/news/m...ve-damages

Merryfields can seek punitive damages

Claim Catholic diocese knew of priest abuse

Updated: Friday, 12 Feb 2010, 2:48 PM CST
Published : Friday, 12 Feb 2010, 2:48 PM CST

APPLETON - A judge ruled Troy and Todd Merryfield can seek punitive damages for what they believe was an intentional cover-up of abuse by the Catholic Diocese of Green Bay.

In 2004, former priest John Patrick Feeney was convicted of sexually assaulting the brothers in 1978, when they were teenagers. He is serving a 15-year prison sentence.

The Merryfields claim the diocese knew about abuse by Feeney and covered it up. They say they want to make sure it doesn’t happen again.

Attorneys for the Merryfields have 10 days to submit a new complaint. The amount of punitive damages will be decided by jury at a later trial.

The next hearing is scheduled for April.

http://reform-network.net/?p=2600

Spokane Priest Sexual Abuse Case Goes To The Jury

Thu, 11 Feb 2010 13:29:05 +1100

A jury in Spokane is now deliberating a case of sexual abuse brought against a Catholic boys' group home. The verdict may determine whether nearly other 20 similar cases will also go to trial in the next few years. Doug Nadvornick reports.

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This trial tests the allegations brought by one man -- Kenneth Putnam -- against the Morning Star Boys' Ranch and its former director, Father Joseph Weitensteiner.

Putnam claims he was sexually abused at the home as a teenager in the late 1980s.

During closing arguments, Putnam's attorney Tim Kosnoff said the case is bigger than one man's claims. He said it's about 50 years of covering up physical and sexual abuse at the home.

Ranch attorney Jim King countered that no one has yet proven a case of sexual or physical abuse at the home.

He attacked Putnam's credibility and that of five other alleged Morning Star victims who testified. At least four of those people have filed claims of their own.

That makes this a bellwether case. Before the trial, Kosnoff said the results of this and perhaps one ot two other trials might determine whether other cases against the group home will go to court or settle.

© 2010 NNN

http://news.opb.org/article/6698-spok...goes-jury/

Accused priest receives judge assignment

Wed, 10 Feb 2010 11:04:02 +1100

By KATE THAYER - kthayer@kcchronicle.com

ST. CHARLES – The priest accused of sexually assaulting a St. Charles boy appeared in court Wednesday and was assigned to the judge who will hear his case.

Alejandro Flores, 37, is charged with multiple counts of predatory sexual assault, aggravated criminal sexual abuse and criminal sexual assault.

He remains in Kane County jail, held on $1 million bail.

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In court on Wednesday, the case was assigned to Associate Judge Allen Anderson. Flores will appear before him next week, on Feb. 18.

Defense attorney Glenn Sowa said Wednesday he cannot say whether he’ll ask Anderson to reduce Flores’ bail.

Prosecutors say Flores abused the boy – now 13 – multiple times since January 2005 in the boy’s home or in Flores’ car.

Flores most recently was a priest at Holy Family Parish in Shorewood. He has also served at St. Mary’s in West Chicago and was a vicor at St. Elizabeth Seton in Naperville.

Prosecutors say that although Flores knew the boy, he was not related to him, nor was the family parishioners at the Shorewood church.

Flores was arrested last month after he was released from the hospital after a suicide attempt. Flores jumped from a 20-foot choir balcony inside an unused Joliet church just days after the accusations surfaced.

http://www.kcchronicle.com/articles/2.../index.xml

'Child abuse' probe call is supported by Council

Tue, 09 Feb 2010 07:41:46 +1100

COUNCILLORS have supported a motion from their colleague, Robin Stirling, calling for "a legally structured investigation" into alleged clerical abuse of children.

The motion, which was proposed at the February meeting of the local authority, last Monday night when it was seconded by Cllr David Tweed, read: “Ballymena Borough Council offers its congratulations to Cardinal Sean Brady, Catholic Primary of Ireland, for his spirited support of those calling for an enquiry into alleged clerical abuse of children, physical, psychological and sexual in Northern Ireland.

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“Council also commends and honours the victims of the alleged abuse, stated as hundreds in number, who have called for an investigation and are willing to testify to the alleged horrors they endured.

“We urge the MLAs at the Stormont Assembly, who have supported the victims’ call for justice and reparation, to progress and facilitate the setting-up of a legally structured investigation with the utmost expediency. It is our belief that child abuse must not defer to boundaries”.

Responding to an extended version of the motion subsequently put to the meeting by Cllr. Stirling, Cllr. Monica Digney said that while she was aware of the abuse that had taken place around the world, describing it as “horrific”, she added that she did not think the Council chamber “was the place to air such issues” and that she felt offended by it “as a practising Catholic”.

“This has nothing to do with what people elected us for and I think it is a sad motion...We need to work towards a settlement for victims and to be sensitive to victims,” she said.

Cllr Stirling said he failed to understand her objection, pointing out that the matter had been debated in the Assembly where, he said, one of the most outspoken members on the issue had been Carmel Hanna of the SDLP.

“I am not attacking a faith, as such, in spiritual terms,” said Cllr Stirling, “but one that has moved outside the spiritual realms to politics”.

The proposal was carried by 17 votes to two.

http://www.ballymenatimes.com/news/Ch...6052217.jp

TN lawmakers consider new oversight of sex abuse inquiries at youth facilities

Tue, 09 Feb 2010 07:21:04 +1100

DCS officials questioned about how they investigate claims

By Nate Rau THE TENNESSEAN

State lawmakers Monday discussed ways to improve oversight of sexual abuse claims at state juvenile detention facilities in the wake of a damning federal report that named a Nashville center as having one of the worst rates of abuse in the country.

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Members of the joint Select Committee on Children and Youth asked officials from the Department of Children's Services how it investigates workers when claims of sex abuse are made by youths incarcerated at a state-run juvenile detention facility.

The committee met in response to a report issued in January by the U.S. Department of Justice, which said Nashville juvenile detention facility Woodland Hills Youth Development Center had one of the highest rates of sexual victimization in the country. The report said a majority of the cases nationally and at Woodland Hills involved female staffers' abusing male youths.

An investigation by The Tennessean on Sunday identified similar claims. In 2007, for example, kitchen staffer Luana Settle was convicted of statutory rape after she had given a 17-year-old youth at the center chlamydia, and went on to live with another boy she'd had a sexual encounter with at the facility.

None of the five special DCS investigations into Settle found that she had committed sexual abuse.

DCS said it investigates claims of sex abuse along with Metro Police and the district attorney.

"The committee believes the department investigating itself is not a good policy," said Nashville Democrat Rep. Sherry Jones, who chairs the committee.

Jones said it was possible the committee would introduce legislation to remove the special investigation unit from under the DCS umbrella. Jones also said the committee would consider a measure requiring that police investigate claims of sex abuse.

When Settle was investigated in 2007, a Metro detective said police were not notified of any past claims of abuse.

Outside help urged

Sen. Diane Black, a Gallatin Republican, suggested the state use outside specialists to interview juveniles about sex abuse claims. Currently DCS uses its own internal investigators to consider such claims.

Rep. Chad Faulkner said the state should use an outside party to collect claims of abuse. Currently, an officer within the juvenile center collects claims and forwards them to authorities.

"Whatever we're doing is not working," said Faulkner, a Republican from Luttrell.

Sen. Thelma Harper expressed concern that girls being held under DCS care at the New Visions Center would soon be moved to Woodland Hills under a budget cut proposal from Gov. Phil Bredesen's administration.

"I hate to see us splashed in Tennessee with sexual problems," said Harper, a Nashville Democrat. "I'm hoping in some way we could be removed from the list. Not only because those are children, but the other is because those are females. That's just not something that's traditional for women."

DCS Deputy Commissioner Steve Hornsby said the department was taking the federal report seriously, but added that he didn't know why Woodland Hills found its way onto a list of the 13 worst centers in the country for claims of abuse. Hornsby called the report's findings that 95 percent of abuse nationwide came at the hands of female staff an "interesting phenomenon."

Pointing to the popular film The Shawshank Redemption, which contains scenes depicting violent acts of prison rape, Hornsby said he didn't believe such acts were happening at Woodland Hills.

The federal report questioned more than 9,000 youths at juvenile centers nationwide. The youths who participated in the survey were promised anonymity; their abuse claims could not be investigated.

Nate Rau can be reached at 615-259-8094 or nrau@tennessean.com.

http://www.tennessean.com/article/201...facilities