REPORT ON CLERGY CASES
FEBRUARY 2004
Introduction
|
The
District Attorney’s Office for the Middle
District of Massachusetts generally does not issue statements or
reports about criminal investigations. Such a
practice is necessitated by the high volume of
investigations that are undertaken and concluded each year. This practice
is also consistent with the government’s obligation to protect victims,
informants, and suspects from unwanted notoriety. |
While it
continues to adhere to its obligation to protect interested parties, the
District Attorney’s Office has determined that this report is essential to
respond to widespread public concern about allegations of sex abuse by members
of the clergy. This information is provided to encourage victims to come
forward, assist victims at understanding the investigative process, and assure
the public that this office has been following the evidence wherever it leads.
From the beginning of this investigation,
the District Attorney’s Office has pursued two equally important goals: (1)
prosecuting all cases within the statute of limitations, and (2) removing all
suspects from positions that pose a risk to children.
Although a substantial amount of work has
been done up to this point, this report is not intended to signal the end of the
investigative effort. The District Attorney’s Office continues to encourage
witnesses to come forward (if they have not already done so) by contacting the
District Attorney’s Office, State Police, or local police.
Initial Clergy Cases
Although
news accounts regarding clergy sex abuse captured public attention in early
2002, the District Attorney’s Office has investigated and prosecuted clergy sex
abuse cases since the 1980’s. This office prosecuted its first clergy sex abuse
case in 1985. Nine additional clergy sex abuse prosecutions followed into the
mid-1990’s.
These initial cases did not focus on
any particular organization, and the cases were initiated by victims who came
forward and reported abuse. Out of the 10 cases prosecuted, 4 involved
priests from the Roman Catholic Diocese of Worcester, 4 involved ministers
from the First Congregational Unitarian Society, Rollstone Congregational
Church, Morning Star Metropolitan Community Church, and Federal Church of
Southbridge, and 2 involved the Benedictine Order and the Assumptionist Order.
Origin
of Latest Clergy Cases
The most
recent investigation began in late February of 2002 after revelations about sex
abuse within the Roman Catholic Archdiocese of Boston. The town of Bellingham
is the only town in the Middle District that lies within the jurisdiction of the
Archdiocese of Boston. The remainder of the Middle District lies within the
jurisdiction of the Diocese of Worcester. The Archdiocese of Boston and the
Diocese of Worcester are distinct ecclesiastical jurisdictions with separate
leadership personnel, management structures, and governing policies.
Rather than being the target of a
criminal probe, the Diocese of Worcester became the logical starting point for
an investigation because of its size and predominant role in Worcester County.
For example, the Diocese of Worcester claims about half of the population of
Worcester County as parishioners,
operates 126 parishes
and 3 missions, and supervises 166 active priests in the diocese and 62 active
deacons in the diocese. An additional 106 religious priests, 107 religious
brothers, and 491 religious sisters are affiliated with the diocese. During its
fifty-four year history, the Diocese of Worcester has had over 540 incardinated
priests. Incardinated priests are essentially those who have been formally
accepted by a diocese. Non-incardinated priests might work within a diocese,
but they will ultimately answer to an authority other than the local bishop.
Because of its significant role in communities throughout Worcester County, the
Diocese of Worcester stands as a primary witness in this investigation.
Current Investigative Process
Unlike the
clergy prosecutions of the 1980’s and 1990’s, the present investigation has been
marked by its historical character. The prior prosecutions were driven by
victims who came forward soon after they had been abused. By contrast, the
cases now under review require investigators to reconstruct events that occurred
roughly a generation ago. Only a handful of victims in the current
investigation have reported their claims directly to law enforcement. The vast
majority of claims have been discovered by reviewing records of various
organizations.
On April 5, 2002, the District Attorney’s
Office began this methodical review of records by obtaining the first of a
number of grand jury subpoenas. The District Attorney’s Office also issued
a series of public appeals urging victims of clergy sex abuse to come forward;
however, most contact with victims has been initiated by State Police
investigators attached to the District Attorney’s Office.
Prosecutors and State Police
investigators attached to the District Attorney’s Office have undertaken a
painstaking review of abuse claims. This review classified each claim as one of
the following: (1) live claims that could be prosecuted, (2) potentially live
claims that required further investigation, (3) claims that were time-barred by
the statute of limitations, and (4) claims that could be referred to other
jurisdictions.
Virtually all of the initial claims
reviewed appeared to fall outside of the statute of limitations. That statute,
codified as G.L. c. 277, § 63, provides the accused with a defense to claims
that have not been brought in a timely fashion. To victims, a statute of
limitations may seem to draw an arbitrary line between cases that may or may not
be prosecuted. As the United States Supreme Court has put it, however, such
limits are a reasonable means of “preventing surprises through the revival of
claims that have been allowed to slumber until evidence has been lost, memories
have faded, and witnesses have disappeared.” Order of Railroad Telegraphers
v. Railway Express Agency, Inc., 321 U.S. 342, 348-349 (1944). The District
Attorney’s Office does not have any control over the statute of limitations.
Prosecutors had to review each claim with
great care due to the frequent amendments and conditional provisions of G.L. c.
277, § 63. Under the statute, most crimes must be prosecuted within six years.
In 1985, the Legislature amended the statute and extended the limitations
periods to 10 years for certain sex-related crimes. Further amendments in 1987
and 1996 extended some limitations periods once again, including a 15 year
period for rape. The 1987 amendment also included a “tolling provision” that
prevents the limitations clock from starting until the victim reaches age 16 or
reports the crime to law enforcement officials. Another tolling provision stops
the limitations clock from running for “any period during which the defendant is
not usually and publicly a resident within the commonwealth.” Courts
interpreting the statute prohibit the amendments from reviving claims that have
already lapsed. Thus, the viability of each claim came to depend upon when the
offense occurred, the age of the victim, and the geographical movements of the
suspect following the offense.
Removal
Even if
claims could not be prosecuted, the District Attorney’s Office concluded that
additional steps had to be taken to insure that suspects who escaped prosecution
would not be in a position to harm children. Those who supervised the suspects
had to be warned about the danger posed and, if need be, encouraged to take
remedial measures. In order to convey the warning and to protect victims from
having to give more than one statement, State Police investigators have asked
victims for permission to forward their statements to appropriate authorities
for administrative action. Nearly all have agreed, and some have requested
to maintain anonymity. This notification procedure has been very successful at
contributing to shielding children from potentially dangerous people. After
this investigation began, for example, 8 priests in the Diocese of Worcester
have been removed from active ministry that would involve contact with
children.
Prosecution
As occurred in the 1980’s and
1990’s, the District Attorney’s Office continues to prosecute clergy cases that
are not barred by the statute of limitations. There are now a total of 17
clergy cases that have been prosecuted in the Middle District. The 1980’s and
1990’s witnessed 10 prosecutions, and the latest investigation has, so far,
yielded 7 prosecutions.
Significant
Changes
After the current investigation began,
there have been significant developments relating to clergy sex abuse. Several
of these developments are noted here.
First, the Legislature now requires the
following persons to report instances of sexual abuse: “priest, rabbi, clergy
member, ordained or licensed minister, leader of any church or religious body,
accredited Christian Science practitioner, person performing official duties on
behalf of a church or religious body that are recognized as the duties of a
priest, rabbi, clergy, ordained or licensed minister, leader of any church or
religious body, or accredited Christian Science practitioner, or person employed
by a church or religious body to supervise, educate, coach, train or counsel a
child on a regular basis.” G.L. c. 119, § 51A.
Second, the Legislature has enacted a
child endangerment statute punishing anyone who “wantonly or recklessly engages
in conduct that creates a substantial risk of serious bodily injury or sexual
abuse to a child or wantonly or recklessly fails to take reasonable steps to
alleviate such risk where there is a duty to act.” G.L. c. 265, § 13L.
Third, parents obviously have a
heightened awareness that no occupation is immune from perpetrators of sex
abuse.
Fourth, as evidenced by their
cooperation, clergy leaders in the Middle District are now aware of the
potential civil and criminal liability that stems from sex abusers working for
them.
No one can predict whether these
factors will decrease the likelihood of clergy sex abuse in the future;
however, the evidence reviewed by the District Attorney’s Office suggests that
there are already positive forces at work in reducing clergy sex abuse. As
illustrated by the chart on the last page, clergy sex abuse in the Middle
District peaked 25 years ago in 1979, and has significantly declined following
the prosecutions in the 1980’s. In that peak year of 1979, clergy members are
alleged to have committed 56 criminal offenses related to sex abuse. The
offenses were committed by 11 priests abusing 32 different victims in that
year. (Note that the chart records repeated offenses in a given year as a
single offense). Although it reflects the devastation caused by clergy sex
abuse, the chart also reflects a trend that such abuse has been declining since
1979 and may be avoided in the future.
Summary of Current Status
As of this
writing, the District Attorney’s Office can report the following status of
clergy cases in the Middle District:
● A total of 86 priests, brothers
and sisters of religious orders, and ordained ministers have been named as
suspects by victims. Three lay persons have also been named.
● A total of 37 suspects are
living priests incardinated in the Diocese of Worcester. One lay person is also
connected to the Diocese of Worcester.
● A total of 20 suspects are deceased
priests incardinated in the Diocese of Worcester. One lay person connected to
the Diocese is also deceased.
● A total of 29 suspects are priests
and religious persons connected to the following institutions: Stigmatine
Fathers, Benedictine Order, Sisters of St. Anne, Roman Catholic Archdiocese of
Boston, Missionaries of the Sacred Heart, Assumptionist Order, Brothers of the
Sacred Heart, Xaverian Brothers, Episcopal Diocese of Western Massachusetts,
LaSalette Order, Roman Catholic Archdiocese of New York, Greek Orthodox Church,
First Congregational Unitarian Society, Rollstone Congregational Church,
Morning Star Metropolitan Community Church, Federal Church of Southbridge, and
Gray Nuns. One lay person is also connected to an undetermined religious order.
● To date, 113 victims have provided
statements to State Police investigators or local police. An additional 18
victims have expressly declined to give statements to investigators. The
following table summarizes the statements taken to date:
|
statements resulting in charges |
35 |
|
statements asserting claim barred by
statute of limitations |
58 |
|
statements asserting facts that do
not constitute criminal conduct |
4 |
|
statements that require further
investigation |
7 |
|
statements asserting claims that are
outside the jurisdiction of the Middle District |
4 |
|
statements asserting claims against
deceased persons |
3 |
|
statements in which victims decline
to cooperate with prosecution |
2 |
|
total statements taken to date |
113 |
GRAPH
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