John J. Szantyr

Currently faces charges of four counts of indecent assault and battery under fourteen years of age, regarding two different criminal complaints in Worcester District Court.   Priest removed in January 1988 Photo John J. Szantyr June 2002 July 31, 2003 First arraignment, three counts November 10, 2003 Second arraignment, one count Doctor’s report from 2005 Dr Ramon A. Mabasa Photos of John Szantyr June 12, 2005 after competency hearing Private Investigator Report April 27, 2007 Connecticut driver’s license Renewed March 15, 2007 Amicus Curiae Brief Filed, August 17, 2007 Video of John Szantyr Seeds of Hope Ministry Photos John Szantyr Dressed as Priest Judge Ricciardione January 8, 2008 Judge Ricciardione February 29, 2008   Link to: Prayer group Seeds of Hope and Neil Harrington Jr.

May 10, 2008  

Advocates decry ruling that priest’s still unfit to be tried

By Dave Wedge,  Boston Herald

Victims advocates are fuming that accused pedophile priest John Szantyr has again been deemed mentally unfit to stand trial on charges he molested two Worcester altar boys 20 years ago.

“The victims are just crushed,” said Mary T. Jean of Worcester VOICE, a support group for clergy sex abuse victims. “I am extremely disappointed in the failure of the judicial system.”

Spokesman Tim Connolly said Worcester District Attorney Joseph Early Jr. was “disappointed” and intended “to review any and all avenues of appeal.”

Szantyr’s attorney, Ed Ryan, said his client suffers from Parkinson’s disease and dementia and called Worcester District Court Judge David Ricciardone’s ruling “the correct decision.”

The judge’s finding was based on a hearing that included testimony from Szantyr’s brother, who said the 76-year-old retired priest has trouble conversing and needs to be dressed and fed.

A judge found Szantyr incompetent in 2006, but the victims challenged the ruling, citing evidence that he had a valid driver’s license and continued to oversee religious services in violation of church law.

Szantyr is charged with molesting the boys while assigned to Our Lady of Czestochowa Parish in Worcester. Ricciardone is slated to review the case again in July.

April 12, 2008

Judge to rule on ex-priest’s competency

Brother says John Szantyr is ‘in a fog’

By Gary V. Murray TELEGRAM & GAZETTE STAFF

WORCESTER— A retired priest accused of sexually assaulting two altar boys more than 20 years ago is no longer able to carry on an intelligent conversation, handle his financial affairs, drive a car or take care of his personal needs, his brother told a judge yesterday.

Paul T. Szantyr, one of two witnesses to testify at a competency hearing yesterday in Central District Court, said his 76-year-old brother, the Rev. John Szantyr, relies on aides, friends and family members to dress, feed and bathe him, give him medications, pay his bills and change his diapers.

Mr. Szantyr told Judge David Ricciardone that Rev. Szantyr, who suffers from Parkinson’s disease and was brought to court yesterday in a wheelchair, responds with a nod or one-word answers when efforts are made to engage him in conversation.

“He doesn’t talk. He listens. His eyes are somewhat focused, but he’s distant,” Mr. Szantyr told the court.

The hearing, which began Feb. 28 and concluded yesterday, was held to determine whether Rev. Szantyr is mentally competent to stand trial on charges of indecently assaulting two altar boys during the 1980s when he was assigned to Our Lady of Czestochowa Parish on Ward Street. The charges, to which he has pleaded not guilty, were lodged in 2003.

Judge Ricciardone took the matter under advisement at the close of testimony and said he hoped to have a ruling within two weeks.

In September 2006, Judge Dennis J. Brennan, since retired, found Rev. Szantyr mentally incompetent to stand trial, based on an evaluation done by Dr. John Murphy, a neurologist. Last August, another competency evaluation was done by psychiatrist Malcolm P. Rogers, at the request of Assistant District Attorney Joseph J. Reilly III.

The prosecutor said he asked for the second evaluation because of information brought to his attention since Judge Brennan’s finding of incompetency, including reports by people who said they had dealings with Rev. Szantyr as recently as 2006 as part of a prayer group called Seeds of Hope.

Dr. Rogers testified on Feb. 28 that he found Rev. Szantyr competent to stand trial. While acknowledging that the retired priest had suffered some cognitive impairment as a result of his condition, he said Rev. Szantyr had both an understanding of the legal process and the ability to assist his lawyer, Edward P. Ryan Jr., in his defense.

Mr. Szantyr, a 72-year-old teacher, said his brother and another sibling live together in a duplex in Waterbury, Conn. He said he visits Rev. Szantyr every morning and massages his head, neck and shoulders to “help him become more aware of his presence.”

Under cross-examination by Mr. Reilly, Mr. Szantyr said he first noticed that his brother was having difficulty conversing about two years ago. Mr. Szantyr testified that Rev. Szantyr began generally responding to questions with one-word answers about a year ago.

Mr. Reilly then asked Mr. Szantyr about the accuracy of a detailed social history the prosecutor said Rev. Szantyr gave to Dr. Rogers when the psychiatrist interviewed him last summer. Although unsure of specific dates, Mr. Szantyr verified most of the information, including the name of the grammar school the retired priest attended as a child growing up in Waterbury.

Constance Plank, a certified nurses’ aide who cared for Rev. Szantyr until late January or early February of this year, was asked by Mr. Ryan about his client’s mental state at that time.

“He’s like in a fog. He’s at a distance,” Ms. Plank testified.

“Your honor, this man does not have the capability to assist me in the defense of this case. He doesn’t have that, and he hasn’t had that for a long time,” Mr. Ryan said in his closing argument.

Mr. Reilly suggested that the evidence before the court showed Rev. Szantyr has a “rational understanding” of the court process and the ability to assist his lawyer. He urged the judge to find Rev. Szantyr competent to stand trial.

Judge Ricciardone continued to the case to May 9, but said he expects to have a ruling before then.

April 11, 2008

Fr John Szantyr competency hearing ends.

In Worcester District Court today Fr John Szantyr's competency hearing continued in courtroom 16. 

Paul Szantyr younger brother of John Szantyr testified today in court that he attends to his brother every morning by providing a head and face massage. Paul went on to state his brother gives very little verbal responses to him.

Paul Szantyr testified that he had brought his brother John to the registry of motor vehicles to renew his license for two reasons. The first reason was to give John hope that someday he might drive again and the other to use the license as a form of identification. Paul Szantyr testified he had no knowledge that the registry of motor vehicle provides identification cards.  Paul Szantyr also stated that just recently the Connecticut Registry had suspended John Szantyr’s license to operate a motor vehicle.

Paul Szantyr further testified that in his opinion his brother John had been incapable of communication other than one - word replies for about one year.

Ms Constance Plank a CNA licensed in the State of Connecticut testified she had been giving care to John Szantyr for one hour a day for four and a half years.  She stated she was a former employee of the VNA (Visiting Nurse Association). Under cross examination by ADA Joseph Reilly III, Ms Plank testified first she currently worked for “Just Like You” or “Just About You” but than testified a patient gave her a slogan “It Is All About You”. In the end Ms Plank admitted she could not accurately identify the name of her current employer.  

As in other recent court hearings both attorneys responded with accusations of inappropriate behavior. Defense Attorney Edward P. Ryan of Fitchburg was vociferous as usual. ADA Joseph Reilly slapped his hand on the jury box railing loudly three consecutive times storming away from Judge Ricciardione after losing an objection.  

In closing arguments the defense professed that there was no proof that the words written in Dr Malcolm Roger’s report “who made hundreds of thousands of dollars testifying” were actually John Szantryr’s words.  Attorney Ryan pointed out had the interview been recorded either audible or visually this question would not be before the court.

ADA Reilly closed with pointing out to Judge Ricciardione that in 2006 when the first competency hearing occurred that if Dr William Murphy had been aware of all the known facts regarding the activities of John Szantyr, then he might not have come to the same conclusion.  ADA Reilly also pointed out that the majority of information provided to Dr Malcolm Rogers by John Szantyr was indeed accurate and verified by Paul Szantyr.  

Judge Ricciardione took the case under advisement and will issue his ruling by May 9, 2008. Defense requested that John Szantyr be excused from attendance, ADA Reilly stated he had no objection, Judge Ricciardione issued John Szantyr to be excused.

April 8, 2008

Szantyr Competency hearing to continue.

On Friday, April 11, 2008 at 9 am the competency hearing regarding Fr John J Szantyr which began on February 28, 2008 will continue.

After the first portion was completed Worcester District Court Judge David Ricciardione issued his ruling in which he stated “I will view the evidence thus far presented in a light most favorable to the government.  I concluded the evidence would support a finding of competency, viewed in this matter.”

The only witness to testify was Malcom P. Rogers MD who performed a psychiatric evaluation of John J. Szantyr on August 7, 2007 in his office at the Boylston Consultation Center, Chestnut Hill MA.   

Dr Rogers testified from his report written on August 16, 2007. This was the report that was unavailable in court on August 20, 2007 due to the fact Worcester Assistant District Attorney Joseph Reilly III claimed he could not locate the document in the Worcester Courthouse.

During this hearing Judge Ricciardione ordered a ten minute break to read Dr Malcom’s report himself, after declaring he had not had the opportunity to see it.  When the court reconvened, Judge Ricciardione stated the report could not be located in the Courthouse.

ADA Reilly produced and provided an additional copy for Judge Ricciardione which was reviewed by Defense Attorney Edward P Ryan Jr., of Fitchburg to make sure the “copy was clean” meaning without notes or additional information written on the document.   

Prior to the hearing of the February 28th, Worcester ADA Reilly had failed for over six months to present to Judge Ricciardione the August 16, 2008 competency report as evidence.

At least three pages of Dr Malcom's report presented for the first time as a court exhibit during the February 28th competency hearing display fax transmission dated October 12, 2007, 5087569675 (fax number for ADA Joseph Reilly III) 17:14, Worcester DA page 03, 04, 05. Included is a two page mini mental examination in which Fr Szantyr scored 29 out of a possible 30 as well as a lined piece of notebook paper with a single sentence handwritten in the middle of the page “I am getting tired”.

Dr Malcom’s report also brings to light the ongoing question concerning the doctor’s letter from Dr Ramon Mabasa which was used to delay the first trial scheduled July 25, 2005.  Within the four Dr Mabasa letters in which Dr Rogers notes in his report, none match the letter in the criminal case file which states “he is near physical collapse and hospitalization himself”. The letter further states “Father John continues to suffer from rapidly advancing Parkinson disease and strokes”.

Not one document within the reviewed material of Dr Rogers identified John Szantyr as ever having a stroke. In fact, the hospitalization issue was two months after the scheduled July trial in which St Mary’s discharge summary describes a 74 year –old retired priest who had swelling of his legs for one week and swelling of his abdomen for 2-3 days prior to his admission.  The finial diagnosis was paralytic ileus (lack of normal movement of the G- I track) and severe hypkalemia (low potassium).

Not one of these medical issues is related to the question of mental competency.  In further review it is also noted that Dr Mabasa is not a primary care physician as he identified himself in his letter. The Conn. board of medicine registers Dr Mabasa as a surgeon.  

Dr Mabasa has been identified as being an associate of individuals who are members of the Seeds of Hope prayer group in which Fr Szantyr has been witnessed performing Catholic Eucharistic Celebrations dressed as a priest June 2006.  Bishop Timothy A. McDonnell of Springfield issued a ruling February 2008 ordering the Seeds of Hope to disband and discontinue as none of their proclamations of Holy interactions are recognized by the Catholic Church.

Had the Worcester District Attorney’s Office, than under direction of John J. Conte conducted the most basic investigation of these medical presentations, it would have been clearly demonstrated that misinforming information was being presented to the court in 2005.

The 2006 decision of the Worcester District Attorney’s office to allow ADA Reilly to use Dr William Murphy a neurologist for a mental competency evaluation now really appears very disputable.  

Dr Rogers wrote in concluding his eleven page evaluation that “in my opinion Father Szantyr is currently competent to stand trial. He has a sufficient understanding of the legal proceeding and a sufficient capacity to assist his attorney in his defense.  

Defense Attorney Ryan attacked Dr Rogers on many minor issues such as his lack of verification of statement s given by Fr Szantyr. Attorney Ryan further went on to point out when asked to write a sentence, Fr John wrote I am getting tired without a period, however in Dr Rogers report the sentence has a period at the end.  

Defense Attorney Ryan however, eluded Dr Rogers’s testimony of the fact Fr Szantyr could recite his entire past family history, recalled the elementary school he attended and the fact he knew who the alleged sexual abuse victim in the case was.  

Attorney Ryan will now have his opportunity to present defense witnesses to the court. Attorney Ryan has previously informed the court that he had no professional witness to call.

Among the witness identified in court on February 28th were John Szantyr’s brother and sister, a certified nursing assistant(CNA), a nurse and the neighbor who brings lunch daily to John Szantyr.  

Worcester ADA Reilly will have to cross examine these witnesses without preparation as he was denied the ability to interview theses recently identified witness due to the fact they all exercised their right not to speak to him.

March 4, 2008  

Judge rules accused priest can stand trial

By Dave Wedge http://www.bostonherald.com  

An accused pedophile priest whose case has been delayed more than 30 times is one step closer to finally facing trial as a Worcester judge shot down the retired holy man’s bid to be declared incompetent.

The Rev. John Szantyr, who is accused of molesting two Worcester altar boys in the 1980s, had been declared incompetent by a previous judge but yesterday Worcester District Court Judge David Ricciardone ruled that the former priest may be fit to stand trial. Ricciardone made the ruling after hearing Friday from a doctor hired by prosecutors who said the 76-year-old Szantyr is competent.

“(The victims) suffered and all they want is their day in court and they deserve that,” said attorney Wendy Murphy, a victims’ advocate who has worked on the case.

While pushing the oft-delayed case one step closer to trial, Ricciardone’s ruling stops short of declaring Szantyr competent. The judge will make a final determination next month after hearing from doctors hired by Szantyr’s attorney, Ed Ryan.

“I fully expect at the end of the hearing, after all the witnesses are heard, that they will find him incompetent,” Ryan said.

The case has been repeatedly delayed as prosecutors, defense attorneys and victims debate whether Szantyr is fit to stand trial. Ryan says Szantyr has debilitating Parkinson’s disease while victims argue the priest has been spotted walking normally just hours after appearing in court in a wheelchair.

Victims were further outraged after a September Herald report that found church officials had reprimanded Szantyr for presiding over religious services in violation of an order stripping him of pastoral authority.

March 4, 2008

By Gary V. Murray TELEGRAM & GAZETTE STAFF gmurray@telegram.com

WORCESTER— A competency hearing is scheduled to resume April 11 for a retired priest accused of sexually assaulting two altar boys more than 20 years ago.

The Rev. John Szantyr, 76, of Waterbury, Conn., is charged in Central District Court with three counts of indecent assault and battery on a child. The sexual assaults allegedly occurred in the 1980s, when Rev. Szantyr was assigned to Our Lady of Czestochowa Parish on Ward Street. The charges against him were lodged in 2003.

In September 2006, Rev. Szantyr, who is suffering from Parkinson’s disease, was found mentally incompetent to stand trial based on a psychiatric evaluation done at that time by Dr. John Murphy, a neurologist.

A second evaluation was done last August at the request of Assistant District Attorney Joseph J. Reilly III, who has been assigned to prosecute the case. The prosecutor said he requested the evaluation after receiving information that Rev. Szantyr had been leading prayer groups and had applied for his driver’s license and was not essentially homebound, as he said Dr. Murphy had suggested.

A competency hearing based on the most recent evaluation got under way last week before Judge David Ricciardone. Dr. Malcolm P. Rogers, the Chestnut Hill psychiatrist hired by the district attorney’s office to evaluate Rev. Szantyr last summer, testified Thursday that he found the suspect competent to stand trial.

Arguing that Dr. Rogers did not apply the proper standard for competency and that the evaluation was dated, Rev. Szantyr’s lawyer, Edward P. Ryan Jr., asked Judge Ricciardone at the conclusion of the psychiatrist’s testimony to find his client incompetent.

Judge Ricciardone denied that request yesterday and scheduled the resumption of the competency hearing for April 11. Mr. Ryan said he would review Judge Ricciardone’s ruling and advise the court in advance if he did not plan to call any witnesses.

March 3, 2008

Judge rules Szantyr Competent.

Today in Worcester District Court, Judge David Ricciardone issued his decision on the defendants motion that the Commonwealth has failed as a matter of law, to meet its burden of proving that the defendant is competent to stand trial.

According to the ruling Judge Ricciardone wrote the evidence thus far presented in a light most favorable to the government.

Attorney Ryan stated today after review of the ruling, if he feels that he will present no further testimony then he will notify the court.  

The next scheduled court date is April 11, 2008. At this time defense attorney Edward Ryan Jr. may if he chooses, present relevant and admissible evidence that John Szantyr is not competent.

February 28, 2008

Szantyr competency hearing today, defendant appears in a wheelchair.

Today in Worcester District Court, courtroom sixteen defense attorney, Edward P Ryan Jr., presented five civilian witnesses to testify on the behalf of the defendant Fr. John J.  Szantyr.

Presented as witness were, Rosemary Perone, RN who observed Szantyr within last three months, Paul Szantyr, brother and care giver, Constance Plante, sister, Theresa Groton, CNA who attends to John Szantyr at home three times a week and  Mr. Thereoux, a neighbor who brings lunch daily to John Szantyr.

January 8, 2008 Judge David Ricciardone ruled that civilian witnesses for the prosecution who had observed John Szantyr still active in his community several months before and after the last competency ruling in September 2006 could not testify.

Assistant District Attorney, Joseph Reilly III did not file any motion in opposition to the defense presentation of the civilian witnesses. ADA Reilly did complain to Judge Ricciardone he had not had enough notification; however Judge David Ricciardone ruled that they would be allowed to testify.

Testimony from Dr Malcolm Rogers lasted almost four hours. Dr Rogers testified after his examination of August 7, 2007 that in his opinion the defendant, John Szantyr was competent to stand trial.

According to Dr Rogers, John Szantyr was able to recall the elementary school he attended, the dates and locations of his assignments as a priest. John Szantyr also recalled his 1970 stay in the House of Affirmation, a treatment center for those in religious life.

Dr Malcolm also testified John Szantyr could walk into his office without the assistance of a wheelchair, and was able to sit himself in a chair. Today however in court John Szantyr could not even get himself out of his wheelchair without the assistance of his relatives and needed help to sit at the defense table.  

According to Dr Rogers, John Szantyr scored 29 out of 30 on the mini mental examination.  Dr Malcolm felt based on his observations and test results no other mental tests were required to determine competency.

Judge Ricciardone asked specifically if there were any medical test that could ascertain mental impairment or functionality objectively. Dr Rogers told Judge Ricciardone that a SPECT imaging scan can show the activity of the brain.

Judge Ricciardone will address the question regarding if the the mini mental examination which contained only eleven questions is sufficient to make the decision that John Szantyr was competent.

Judge Ricciardone must also rule on the defense assertion that the examination was not conducted properly under the rules of criminal procedure.

Judge Ricciardone should have to rule John Szantyr is competent based solely on the testimony of Dr Rogers, as no other experts were was presented by the defense.  

Judge Ricciardone stated he will make his ruling on Monday, March 3, 2008 at 9 am.

February 29, 2008

Hearing held to see if retired priest can stand trial
Alleged child sexual assaults go back 20 years

By Gary V. Murray TELEGRAM & GAZETTE STAFF
gmurray@telegram.com

WORCESTER— A psychiatrist testified yesterday that he found the Rev. John Szantyr mentally competent to stand trial on child sexual assault charges in an evaluation conducted last summer.

A hearing got under way yesterday in Central District Court to determine whether Rev. Szantyr, a 76-year-old retired priest now living in Waterbury, Conn., is competent to stand trial on charges of sexually assaulting two altar boys more than 20 years ago in Worcester. The assaults allegedly occurred in the 1980s, when Rev. Szantyr was assigned to Our Lady of Czestochowa Parish on Ward Street. The charges were lodged in 2003.

In September 2006, Judge Dennis J. Brennan, since retired, found Rev. Szantyr mentally incompetent to stand trial based on an evaluation done at that time by Dr. John Murphy, a neurologist.

Last August, Dr. Malcolm P. Rogers, a Chestnut Hill psychiatrist, conducted another evaluation of Rev. Szantyr at the request of Assistant District Attorney Joseph J. Reilly III.

Dr. Rogers testified at yesterday’s hearing that he found Rev. Szantyr to be competent. Dr. Rogers acknowledged that Rev. Szantyr suffers from Parkinson’s disease and said the retired priest has experienced some cognitive impairment as a result of the condition. He went on to say, however, that the impairment was “minor” and that Rev. Szantyr had both an understanding of the legal process and the capacity to assist his lawyer in his defense.

Dr. Rogers told Judge David Ricciardone that Rev. Szantyr provided him with detailed information about his family life, education and religious career during their two-hour interview on Aug. 7 and scored a “29” out of a possible high score of “30” on a “mini mental status exam.”

“I did not think that he had a significant cognitive impairment as a result of my examination,” Dr. Rogers testified.

Rev. Szantyr, who was brought into the courtroom in a wheelchair, appeared to be asleep during much of the psychiatrist’s testimony.

Under cross-examination by Rev. Szantyr’s lawyer, Edward P. Ryan Jr., Dr. Rogers conceded that other than reviewing medical records, he did nothing to try to verify the information given to him by Rev. Szantyr, information that the defense lawyer suggested was not totally accurate.

At the conclusion of Dr. Roger’s testimony, Mr. Ryan asked the court to find that the prosecution had not met its burden of proving Rev. Szantyr competent and to deem the retired priest incompetent. Mr. Ryan said Dr. Rogers’ evaluation was “dated” because it was several months old and his client suffers from a progressive disease.

“He’s not going to get better. He’s only going to get worse,” Mr. Ryan told the court.

Mr. Reilly opposed the defense request, which was taken under advisement by Judge Ricciardone. The judge said he would issue a ruling Monday and, if necessary, schedule a date for the continuation of the competency.

February 13, 2008

Springfield Diocese protects accused Priest John Szantyr

For over a year, information had been supplied to Monsignor Christopher D. Connelly, than ecclesiastical secretary to Bishop Timothy A. McDonnell describing the actions Fr John Szantyr as performing Eucharistic service, the sacrament of penance and other religious activities openly conducted in the Springfield home of Neil Harrington Jr. Bishop Timothy A. McDonnell took no action to stop Fr John Szantyr and the Seeds of Hope.

Only when in September 2007, the Roman Catholic Diocese of Springfield was placed under public pressure did they act out publicly to project the perception they were actually taking the correct steps to protect the faithful.

It took published Boston Herald newspaper articles and videos to surface what could no longer be denied that removed Worcester Catholic priest; Fr John Szantyr was still conducting masses in their diocese to prompt the Springfield Diocese to take action.

On September 30, 2007, Springfield Bishop Timothy A. McDonnell, issued a letter to Fr John Szantyr of Waterbury Ct. This letter, according to the Catholic Observer, informed Fr John that he was not allowed to perform any type of religious services within the Diocese of Springfield.

Fr John Szantyr has been facing four counts of indecent assault and battery on a child under fourteen involving two alleged victims since 2003. Fr John Szantyr had been ruled incompetent to stand trial September 13, 2006 which can only be accomplished by a mental deficiency.

Monsignor Connelly has confirmed within this reply that Fr John states (in a letter) he is in complete compliance with the Dallas norms established in 2002. The Diocese of Springfield however, according to Monsignor Connelly did not forward that letter to the Worcester District Attorney’s office.

How can it be that still in the year 2007, a Catholic diocese protects an accused priest instead of first thinking of the clergy abuse victims who allege abuse and have been denied their day in court?

How can a man who alleges to be incompetent in September 2006, know of the Dallas norms which were written in 2002? Yet, in 2007 more than a year after he was ruled incompetent, Fr. John Szantyr has enough mental savvy to craft and send such a letter?

Springfield Republic Newspaper reporter, Stephanie Barry claimed she was writing a story to expose Fr John Szantyr, the Seeds of Hope and the Diocese of Springfield but instead after conducting interviews failed to publish any article. Even after Springfield TV channel three ran television news stories concerning these issues the Springfield Republic failed to write one word.

The Springfield Republic Sunday Newspaper, February 10, 2008, local section, under Springfield church appointment ran an announcement that Monsignor Connelly, who at the age of 41, has now received a promotion to Vicar for the Administration for the Roman Catholic Diocese of Springfield.

We can replace the bishops but the true ongoing practices of cover-ups perpetrated by the Catholic Church as an organization has not changed at all.

Remember when any Catholic places money in a collection basket part of that donation pays to support those removed priest who face creditable sexual abuse allegations as well as defense attorneys to protect the diocese's legal responsibility.

February 6, 2008

Witness to Szantyr competency denied their state police statements

In Massachusetts anyone whose name is in a document which was created by a governmental agency has a right under the Massachusetts public record law M. G. L. Chapter 66, Section 10 to a copy of such. 

In the criminal case of the Commonwealth V John Szantyr some individuals who gave statements to the Massachusetts State troopers assigned to the Office of Worcester District Attorney, Joseph Early in regards to actions of John Szantyr both only a few months before and after the September 13, 2006 competency ruling believe they were misrepresented. 

These statements were then presented to Worcester District Court Judge David Ricciardone without Worcester Assistant District Attorney Joseph Reilly III calling each potential witness to confirm the substance of their statement to determine accuracy.

On January 8, 2008 Judge David Ricciardone granted the December 11, 2007 Limine motion filed by defense attorney Edward Ryan denying the ability of any of the civilian witness to testify in the scheduled competency hearing on February 28, 2008.

In a reply dated January 29, 2008 to Vic Valois, ADA Joseph Reilly has now again refused to release his statement in question. His reason was the statement was protected as the individual was a potential witness. Yet as documented in the ruling of January 8, 2008 this is not a truthful representation of facts.

William Fortin who also has made two different attempts to ascertain a copy of his statement given on September 24, 2007 has also been denied again.

Mike Hodgkins who witnessed John Szantyr in the Massachusetts turnpike rest area within one hour of the September 12, 2006 competency hearing has also been denied his statement. Mr. Hodgkins has now also filed an appeal with the Secretary of State to compel the production of his statement.  

The office of Massachusetts Attorney General Martha Coakely was contacted on January 11, 2008 and informed of the misrepresented material facts.  Forty pages of documentation were provided to Massachusetts State Trooper Lt Dennis Brooks who claimed he would see the material was given to a special prosecutor for review. 

Within the forty pages were written statements which confirm major inaccuracies in material facts that were within the January 8, 2008 suppression decision written by Judge David Ricciardone.  

After two weeks in which no official receipt of the complaint was received, a constitute representative for the Attorney General’s Office was contacted.

On Tuesday, January 29, 2008, a constitute representative stated within the criminal prosecutors division, special prosecutor Marcy Johnson has been assigned to review the material provided.

As of this date no one who provided information has been contacted by the Attorney General’s Office special prosecutor.

Provided within the material was the representation that a strong probability of the criminal case being dismissed could occur if defense attorney Edward Ryan was able to have the most recent competency evaluation suppressed due to his presentation the rules of criminal procedure was not followed.

The most recent public records denial also supports the fact that the Worcester District attorney’s office is attempting to stop the individuals from ascertaining their statements. It is highly unusual to have a prosecutor of the criminal case answer public record request.

December 15, 2007

Monsignor Thomas Sullivan may be witness for the Commonwealth in Szantyr case.

Yesterday in open court ADA Joseph Reilly III informed Judge David Ricciardone that in fact Worcester diocesan chancellor Monsignor Thomas Sullivan may be called to the witness stand during the scheduled competency hearing regarding Fr John Szantyr.

This would be the first time since the 2002 clergy sexual abuse crisis broke that any official from the diocese of Worcester would be compelled to testify under oath about activities concerning clergy sexual abuse in Worcester.

Unlike neighboring Boston or Springfield diocese, no group clergy abuse civil settlements were arranged in the Worcester diocese. The Worcester diocese instead chose to attack legally the claims of those who came forth after 2002 with allegations of sexual abuse.  Cases were settled individually while the Worcester Diocese claimed the charitable immunity clause limiting the amount of the cash settlement for a non profit to be capped at twenty thousand dollars.  Most reported settlements were roughly ten thousand dollars with one case involving two separate claims was settle for almost twenty thousand dollars.  With the lack of availability for large legal fees most Boston lawyers declined to take clergy sexual abuse cases in Worcester.

More

December 14, 2007

Szantyr competency hearing scheduled for February 28, 2008. 

Today in courtroom 23 of the Worcester Superior Courthouse, after a year plus of attempting to have a new competency hearing scheduled in the case of Fr John J.  Szantyr, a date  was finally scheduled.

The question of the testimony of civilian witnesses was discussed at length to which Judge David Ricciardone attempted several times to disallow the testimony of the civilian witness the Commonwealth sought to call. ADA Joseph Reilly III presented the 2007 case of Commonwealth v Thomas to demonstrate case law allowed for such testimony.

Worcester District Court Judge David Ricciardone agreed to take the request of the Commonwealth for civilian witnesses to testify in regards to the activities of Fr John J Szantyr under advisement.

Defense Attorney Edward Ryan Jr. of Fitchburg stated he would not have an expert testify on the behalf of his client, John Szantyr at the competency hearing.

According to Defense Attorney Edward Ryan, Fr John J. Szantyr cannot comprehend the criminal charges filed against him. Due to this fact John Szantyr therefore is unable to participate in his own defense.

Fr. John J. Szantry has been presenting to the court since 2004 that he has been incompetent. Since this time frame Fr John Szantyr has been able to perform Eucharistic ceremonies, renew his drivers license March 15th of this year and also be active in a prayer group in which he was able to interpret religious locutions.

Judge David Ricciardone further ordered the defendant John J Szantyr to appear in court on February 28, 2007.

November 2, 2007

Local prayer group had suspended priest as ‘spiritual director’

SPRINGFIELD – A recently confirmed report that a priest long forbidden to function as a cleric had been heavily involved with a local private prayer group shows the difficulties individual Catholics can run into when they support unofficial spiritual groups, say officials in several dioceses.

And it illustrates the difficulty church authorities have tracking the activities of a small number of priests who continue to defy orders not to exercise their ministry.

In early September, the Diocese of Springfield was contacted by Vic Valois, a Springfield resident and parishioner of St. Mary Parish in Longmeadow and a former member of the locally-based Seeds of Hope organization. Valois reported that Father John J. Szantyr had been the group’s longstanding spiritual mentor and occasional sacramental celebrant.

Father Szantyr, 76, is allegedly a repeated sexual offender with victims in more than one diocese.

He has been forbidden to minister in any way or to publicly present himself as a priest since being removed from ministry by the Diocese of Worcester, Mass., in 1988. Yet, at least until recently, he has continued to wear clerical clothing and refer to himself as “Father” in direct violation of the canonical restrictions against clerics who face credible charges of sexual abuse of a minor.

Valois and other disgruntled former members of the prayer and publishing group said that Father Szantyr had repeatedly heard confessions and occasionally celebrated Mass for the group in Springfield.

When diocesan officials asked for confirmation of the accusation, William Fortin, a member of the prayer group who had videotaped several Seeds of Hope activities, provided the diocese, in early September, with a video recording of Father Szantyr presiding at Mass in a private home on Garland Street in the Forest Park neighborhood.

more

November 1, 2007

Worcesteria:   

By Scott Zoback, Worcester Magazine

• SZANTYR DEFENSE: Ahead of that much-anticipated competency hearing next month for accused pedophile priest John Szantyr, his lawyer Ed Ryan requested that the court release a slew of records from Dr. Malcom Rogers, the doctor enlisted by the prosecution to examine Szantyr's competency. And at the end of last month, Justice David Ricciardone agreed to several of the requests, including "any and all documents, authorizations, pictures, writings or any type of description executed, drawn or made" by Szantyr during his examination. But Ricciardone denied Ryan's request for the release of all notes, recordings, and draft recordings made by Rogers regarding Szantyr; he also denied the release of all correspondence and e-mails between Rogers and the District Attorney's Office. In other news, The Boston Herald reported last month that Springfield Diocese officials reprimanded Szantyr after finding out he had overseen religious services. Szantyr's next hearing is Nov. 19.

October 16, 2007

Judge David Ricciardone issues ruling in Szantyr case.

Judge David Ricciardone has issued his ruling based on the motion filed by the defense during the last court hearing September 25, 2007.

During that hearing defense attorney Edward P. Ryan Jr., of Fitchburg argued that he needed additional discovery material in order to proceed regarding the latest competency evaluation of Fr John J Szantyr.

This would be the third competency evaluation since being arraigned in 2003 regarding two separate Worcester district court cases (docket 0362CR005196 docket 0362CR008722) involving four counts of indecent assault and battery on a child less than fourteen years of age. 

Dec. 16, 2004 a preliminary psychological examination was scheduled. Those results were presented to the court on February 17, 2005 redacted. The redaction according to Assistant District Attorney (ADA) Joseph J. Reilly III, occurred because former Worcester ADA Harry Quick who had joined Defense Attorney Edward Ryan in private practice failed to inform John Szantyr of his legal rights prior to the evaluation.

The Szantyr case was then scheduled for trial on July 25, 2005. On July 21, 2005 Defense Attorney Edward P. Ryan Jr., filed with the court a motion to continue the case based on a letter from Dr Raymond A. Mabasa which wrote he was a personal friend of John Szantyr and based his opinion John Szantyr was near physical exhaustion and unable to comprehend he was to stand trial. Further evaluation of the credentials of Dr Mabasa reveled he is listed in Connecticut registry of physicians as a surgeon and not a primary care physician.

ADA Joseph J. Reilly III then took a year to have another psychological examination conducted.  Worcester ADA Joseph J. Reilly III this time chose Dr John M. Murphy a neurologist from Connecticut for a psychological examination. 

On September 12, 2006 Dr John M. Murphy was only cross examined by ADA Joseph J. Reilly III.

more

September 28, 2007

TV stations take on John J. Szantyr issues for safety of young children.

Worcester news tonight channel 3 and Springfield CBS channel 3 both ran stories regarding John J. Szantyr yesterday.

Two TV  interviews with Vic Valois, a retired postal worker from Springfield was conducted which clearly brought forth the fact John J. Szantyr is still having isolated confessions in a bedroom of the home of Neil Harrington Jr. in 2006.  Three years after his arraignment on four counts of indecent assault and battery under fourteen years old.  

This should be a clear violation of his conditions of release however Worcester District Attorney, Joseph Early has not initiated the appropriate legal actions to have John Szantyr brought into court to answer for these actions.  

Worcester Assistant District Attorney Joseph J. Reilly III has been the primaries reason John Szantyr’s charade of being incompetent to stand trial has continued over four years.

December 16, 2004 a preliminary psychological examination was conducted of Fr. John Szantyr by a court-designated forensic psychologist at the request of Assistant District Attorney Joseph J. Reilly III, according to court records.

February 17, 2005, Defense Attorney Edward Ryan presented to the court the medical evaluation of Fr. Szantyr in reference to his competency however; portions of the medical evaluation had been redacted to preserved confidentiality. Judge Sarkis Teshoian acknowledged that the redaction made the evaluation rather difficult for the court to comprehend.

(use link above to see videos and conclusion of article)  

September 27, 2007

Accused priest chided for saying Mass

Dave Wedge, Boston Herald

An alleged pedophile priest whose molestation trial has been repeatedly delayed due to questions over his competency has overseen religious services in apparent violation of church orders and was warned by a Catholic bishop, the Herald has learned.

Church officials in Springfield were told in early September that John Szantyr has conducted Mass, despite being stripped of his authority to act as a priest in 1988. The apparent violation of church orders prompted Bishop Timothy A. McDonnell to fire off a stern warning to the embattled holy man, said Terence Hegarty, spokesman for the Springfield diocese.

“We did receive conclusive proof that contrary to the instructions from the Diocese of Worcester, he had celebrated Mass in a private home in Springfield,” Hegarty said. “The bishop informed him that he remains absolutely forbidden to celebrate Mass anywhere, privately or publicly, or to administer any sacramental functions at all.”

Szantyr, 76, is awaiting trial in Worcester on charges he molested a boy in the mid-1980s, but the trial has been repeatedly delayed due to a debate over his competency.

Asked about the Springfield diocese’s actions, Szantyr’s lawyer, Ed Ryan, said: “I certainly don’t think he’s been conducting any Masses in Massachusetts. I would be suspect of any ‘conclusive proof.’ ”

A Worcester judge deemed Szantyr incompetent to stand trial based on evaluations done by two doctors hired by the Worcester District Attorney’s Office. The DA’s office is challenging the ruling and says a new evaluation has found Szantyr competent. A new competency hearing is scheduled for Nov. 19.

The victim and his supporters have questioned Szantyr’s incompetency, claiming he has performed religious services, has a valid Connecticut driver’s license and has been spotted walking normally after appearing in court in a wheelchair.

Ryan called the issues “irrelevant,” saying, “In my judgment, he is incompetent to stand trial. He’s not capable of assisting in his defense.”

But Vic Valois, a congregant of Springfield’s Seeds of Hope chapel, said he’s known Szantyr since 1994 and has seen him dressed as a priest “hundreds of times.”

“I always thought he was a priest in good standing,” said Valois, who has complained about Szantyr to church authorities and state police. “I’ve seen him give Masses. I’ve been to confession with him. He blessed my home.”

Seeds of Hope officials did not return calls.

September 26, 2007

Alleged perv priest stalls trial
 

By Dave Wedge, Boston Herald

The case against an accused pedophile priest has been delayed for a whopping 34th time as his lawyer contests a new doctor’s opinion that the embattled holy man is fit to stand trial.

John Szantyr, who’s accused of molesting a Worcester altar boy in the mid-1980s, once again did not appear in Worcester District Court yesterday when a judge continued his case again. Szantyr, 76, has been ruled incompetent but prosecutors pushed for a new evaluation based on complaints from the victim and the victim’s supporters.

The new opinion, which is being reviewed by a judge and will be the subject of a Nov. 19 hearing, reportedly contradicts a defense report that says Szantyr is too ill to face the charges.

“The defense and the DA have their own experts determine whether he’s competent to stand trial. Our report found that he was,” said Tim Connolly, spokesman for Worcester District Attorney Joseph Early Jr. (Defense Attorney Ryan  informed Judge David Ricciardone, that in fact it was ADA Reilly who chose Doctor William Murphy from CT, a neurologist for a mental evaluation.  Attorney Ryan stated “I never exercised my right to cross examine Dr Murphy”. Tim Connolly provided false information to reporter Dave Wedge)

Szantyr’s attorney, Ed Ryan, who has maintained that his client is too sick to go on trial, wants the new report tossed out, arguing that prosecutors failed to challenge the initial competency ruling.

The latest continuance has victims’ advocates fuming.

“I’m very frustrated and the victims are frustrated. We expected more,” said Mary Jean, spokeswoman for Worcester Voice, a clergy sex abuse support group.

Worcester Voice and the victim have challenged Szantyr’s incompetency, arguing that he has a valid Connecticut driver’s license, has been spotted walking normally after appearing in court in a wheelchair, and has continued to oversee religious services.

September 25, 2007

Worcester ADA Joseph Reilly III unprepared and fails alleged victims in clergy sexual abuse case regarding John J. Szantyr, case now on thirty fifth continuance.

In Courtroom 23, of the new Worcester Courthouse, Assistant District Attorney Joseph Reilly III failed to act professionally and within the best interest of the alleged victims. He was once again unprepared for a motion filed by defense Attorney Edward Ryan for John J. Szantyr who again was not required to attend the court hearing.

Attorney Ryan requested within his motion 1.) all correspondence between ADA Reilly and Dr Malcolm Rogers.  2.) Hand written notes, and or drafts by Dr Rogers. 3.) Tape recorded statements, drawings or written statements produced by John J. Szantyr.  4.) Mini mental status exam description of said exam regarding periodicals or other reference material used generates findings. 5.) As well as a list of all cases Dr Rogers has testified to and his background.

ADA Reilly objected to all parts of the motion except for the third, which was tape recorded statements, drawings or written statements produced by John J. Szantyr during the mental examinations.

Defense Attorney Ryan also informed Judge David Ricciardone, that in fact it was ADA Reilly who chose Doctor John M. Murphy MD from CT, a neurologist for a mental evaluation.  Attorney Ryan stated “I never exercised my right to cross examine Dr Murphy”. Judge Dennis J. Brennan in issuing his ruling on September 13, 2006 which stated the Commonwealth agreed that the defendant, John J. Szantyr is now not competent to stand trial. 

The average reasonable person can comprehend that something is awry when looking at the factual documentation such as: John Szantyr has since his criminal arraignment in 2003 been performing Eucharistic ceremonies and sacraments, videos of such which have been published. John Szantyr renewed his driver’s license on March 17, 2007; this was filed with the court in an Amicus Brief.  A private investigator’s report dated April 27, 2007 further supported the fact John Szantyr was mentally capable and physically functioning. 

Also known Worcester ADA Reilly failed to ascertain photos of John Szantyr walking and talking within one hour of the September 12, 2006 competency hearing when he was contacted.  ADA Reilly also did not initiate contact with the two Connecticut residences that came forward on November 3, 2006 to expose the fact that in November of 2006 Szantyr was active in a church prayer group at a home in Wolcott, CT. 

ADA Reilly acted dumb like a fox which gave the perception to all, who once again attended, the appearance that due process was staged.  Justice was not the quest of ADA Reilly’s actions.  Justice delayed does not equal justice served.  ADA Reilly shirked his responsibility thus resulting in obtaining another quick court date leaving the alleged victims to anguish further.

There can be no more amount of evidence that could be provided to the District Attorney office to prove John J Szantyr is competent. This failure to move forward can only be viewed as a gross aberration for practicing justice.

The people of Worcester County deserve better than what served them today.  Worcester District Attorney Joseph Early Jr. gave his word he would see this case was expedited. In fact nothing could be further from the truth in regards to actions conducted by the District Attorney’s Office. 

Judge, David Ricciardone took the case under advisement and will issue his decision regarding the motion filed by the defense. Next scheduled hearing November 19, 2007.

September 25, 2007

Competency hearing slated for accused priest

By Gary V. Murray, TELEGRAM & GAZETTE STAFF gmurray@telegram.com

WORCESTER— A judge will be asked to decide whether a 76-year-old retired priest accused of sexually assaulting two altar boys more than 20 years ago is mentally competent to stand trial.

A Nov. 19 competency hearing has been scheduled in Central District Court in the case of the Rev. John Szantyr of Waterbury, Conn., who is charged with three counts of indecent assault and battery on a child under the age of 14.

The sexual assaults on the two boys allegedly occurred in the 1980s, when Rev. Szantyr was assigned to Our Lady of Czestochowa parish on Ward Street. The charges were lodged against him in 2003.

Judge Dennis J. Brennan, since retired, found Rev. Szantyr mentally incompetent to stand trial in September 2006.

The judge’s finding was based on a psychiatric evaluation undertaken at the request of Assistant District Attorney Joseph J. Reilly III, who is prosecuting the case.

Rev. Szantyr is suffering from Parkinson’s disease, according to his lawyer, Edward P. Ryan Jr.

A second mental health evaluation of the retired Catholic priest has since been conducted at the prosecution’s request, Mr. Reilly told Judge David Ricciardone today. The results of both evaluations are expected to be entered into evidence at the Nov. 19 hearing.

Voice note: Worcester Telegram reporter, Gary Murray was not present in courtroom 23 for this hearing.  Judge David Ricciardone had the two case files in his office as of 3:30pm. This account had to be given directly to Mr. Murray by the Worcester Da's office. As we know Mr. Tim Connolly spokesperson for the DA Early Office was a former Telegram reporter.  Dr William Murphy who conducted the 2006 evaluation is a neurologist thus was not qualified to perform a psychiatric assessment. 

September 20, 2007

Videos and photos of Fr John (Szantyr) and Neil Harrington's alleged weeping statue released.

Videos of Fr John (Szantyr) celebrating Mass under the guise of the Seeds of Hope ministry display an individual who appears to be in good health. The second video piques questions as to the authenticity of the alleged Blessed Virgin Mary weeping statue.

The first video, Fr John (Szantyr) begins the celebration of a Mass in his black priestly clerics. After performing a blessing he then requests his chasuble which is decorated front and back with the resemblance of the Blessed Virgin Mary. The woman all wore mantilla, a head covering worn out of respect for our Lord’s Eucharistic Presence. This tradition dates back to the founding of the Catholic Church. The faithful in attendance are of the traditional theological persuasion. Prior to the celebration of the Eucharist, Fr John heard the confessions of minors and young adults in an upstairs isolated bedroom.

 

more

September 15, 2007

Seeds of Hope Inc not in good standing with the State of Massachusetts.

John J. Szantyr’s organization in which he is currently the spiritual director has not filed a tax return with the state of Massachusetts since 2002.

According to the Office of Secretary of State, William Galvin, the Seeds of Hope is not a Corporation in good standing with the State of Massachusetts.

The Seeds of Hope have been producing religious books, while claiming they are a nonprofit.  Within the Seeds of Hope filing with the State of Massachusetts they are not listed as a religious organization.  The State of Massachusetts has them recorded as a partnership.

The Seeds of Hope Inc. filing date of organization which included eleven pages is recorded as March 20, 1996. Sidney P. Harvey of Agawam, Massachusetts is listed as President.

According to an April 27, 2006 newspaper article from The Courier, Houma Louisiana, Neil Harrington Jr., self proclaimed visionary testified to mysterious male voice from above, one that he now attributes to St Francis. Those experiences according to published reports formed the basis for what is now his ministry, the Seeds of Hope.

"A Man came and Sat with Me" published by the Seeds Of Hope in 2000 claims all messages from our Blessed Mother and stories from Saint Francis of Assisi are distributed thought the Seeds of Hope free of charge, as they have been freely given thought private revelation to Neil Harrington Jr. For those who wish to help us to continue to publish these messages. Donation are greatly appreciated, tax-deductible and are used to assist those in need both spiritually and physically, as well as to print these booklets.

Within the Official Diocesan Newspaper for Las Vegas called the Desert Clarion the April, 2007 edition, an advertisement can be located in which a book called the "Ten Commandments" is offered. This book is endorsed by Fr. Gerald C. Hayes who in 2005 at the time of the publishing was assigned to St Anthony’s Padua Parish in Houma Louisiana. The Diocese of Houma-Thibodaux now lists Fr. Gerald C. Hayes in their official diocesan registry as being retired. Request to obtain the book must be sent to the Seeds Of Hope, Ludlow Massachusetts.

more

September 10, 2007

John Szantyr in 2006 was still representing himself as a Catholic Priest in good standing.

Currently awaiting trial on four counts of indecent assault and battery under fourteen years of age.

John Szantyr has already been identified in 2006 as participating in a prayer group in Wolcott Ct. This prayer group centered on locutions which is hearing audibly voices of a spiritual nature. In this Connecticut group Fr John (Szantyr) was regularly seen in layman’s clothing.   

New information has now identified Fr John (Szantyr), as he likes to be called performing Eucharistic celebrations, confessions and blessings all while dressed as a catholic priest, in the Springfield Massachusetts home of Neil Harrington Jr.  

Fr John Szantyr had his faculties to act as a Catholic Priest removed in January, 1988 after sexual abuse allegations were brought to the attention of the Diocese of Worcester, Massachusetts. Under church rules he is not allowed to celebrate Mass, hear confessions nor wear priestly garb. 

It all began when Fr John (Szantyr) gave a statue of the Blessed Virgin Mary to Neil Harrington Jr. as a gift early 1990's. The statue was placed in Neil’s father‘s home on Maple Road, Enfield Ct.  

The statue of the Blessed Virgin Mary allegedly began to shed tears in a second floor "apparition room" within his home according to Neil Harrington Sr.

Neil Harrington Jr. claims he began having apparitions of the Virgin Mary during the rosary at the weekly prayer cenacle at his parents' house. In 1994 Neil Jr. claims that the Virgin Mary herself chose Fr John (Szantyr) to be his spiritual director. Since that day Fr John (Szantyr) has been the only spiritual director that Neil has had.

Neil Harrington Jr.

According to a September 2, 1995, Hartford Courant article, when the Archdiocese of Hartford, set up a fact-finding commission to study the Harrington prayer group. Visionary Harrington suddenly received a message from the mother of Jesus; she would no longer be visiting him.

After the fact finding commission in Hartford began commission member Fr. Vittorio Guerrera informed Neil Jr. to not disseminate anything about his alleged apparitions and messages until further notice and this ban has never been lifted. Despite this directive Neil Jr. has chosen to continue to speak in churches and disseminate messages in booklet form and now has a mailing list of over 2,000 people.

After Fr. Guerrera's directive, Neil Jr. moved the weekly prayer group sessions for the Seeds of Hope to 33 Garland St. in Springfield Massachusetts. This home was purchased in 1998 by Neil Jr. and his wife Linda. 

more

August 23, 2007

A holy hold-up

By Scott Zoback, Worcester Magazine

The alleged sex-abuse victims of retired Worcester priest John Szantyr are going to have to wait even longer to find out if there is a chance for justice.

It's something they're almost getting used to — the next time a court convenes on the case, it will be the 34th court date for the criminal cases that have wound their way through the court system since Szantyr's initial arraignment on charges of indecent assault and battery on a child under 14 in July, 2003.

On Monday, another continuance was granted when the Worcester County District Attorney's Office couldn't find the Szantyr psychiatric evaluation that had been supposedly overnighted to the courthouse by the doctor who performed it on Thursday, Aug. 17. A new status hearing is now scheduled for Sept. 25.

The Szantyr case includes multiple criminal and civil charges from several alleged victims. One alleged victim, Mike Chesnis, has publicly claimed that Szantyr molested him in the mid-1980s during Szantyr's time at Our Lady of Czestochowa. Another pending case dates to the same era.

But despite the longstanding charges, the case has been bogged down by questions of Szantyr's physical condition and mental competency. As we reported two months ago (WM, City Desk / "A question of competence," June 21), a 2005 letter from Szantyr's primary physician to the court stated that he (Szantyr) "is unable to understand that he is scheduled to begin his trial next week ... due to his deteriorating physical condition and his emotional and mental condition." The letter also cited rapidly advancing Parkinson's disease and strokes. A September 2006 psychiatric evaluation conducted under the authority of Worcester ADA Joseph Reilly III echoed those claims, finding Szantyr mentally incompetent to stand trial.

There's a big catch, though: A large number of people believe Szantyr is playing dumb, and is fully capable of standing trial, hence the new psychiatric evaluation that was supposed to be presented this week. "He can't stand trial, and we're seeking another opinion on that," Worcester DA spokesman Tim Connolly told us in June. The unspoken subtext was that they felt a second evaluation would be more reliable.

In that June article, we reported that documents showed that Szantyr applied for and received a Connecticut driver's license on March 15, 2007 — six months after he was deemed incompetent. Then there were the photos on Worcestervoice.com, an advocacy site for priest abuse scandal victims, that appeared to show Szantyr at a Massachusetts Turnpike stop in Sturbridge hours after that September 2006 hearing; there was also the May 3, 2007, article in The Boston Herald that claimed a private investigator "spotted the priest twice last week walking without any help, driving on his own to and from church and smoking and yakking on a cell phone."

This week, with assurances from the DA's office that the case would move forward, a dozen victims, family members and local supporters were joined in court by other supporters from New York and Connecticut. Mary Jean, proprietor of Worcestervoice.com and a de facto organizer of the group, says, "They all came on the DA's word he was going to expedite it."

But, says Jean, DA Joseph Early Jr. admitted no one had actually checked for the evaluation before the hearing.

"There's just no excuse," says Jean. "This is not expediting a case."

Early says that the file was eventually found on Tuesday morning, and that the "Assistant District Attorney on the case is going to call the defense attorney and ask if we can bring it forward."

Early says that he has told his staff to push the case forward as quickly as possible to "give this some closure for the victims."

"There was nothing I could do about it before, there is now," he says.

August 22, 2007

Priest trial delayed for 33rd time

By Dave Wedge, Boston Herald Chief Enterprise Reporter

A Worcester victims rights group is fuming after the case against an alleged pedophile priest deemed incompetent to stand trial was continued for a 33rd time.

The molestation case against the Rev. John Szantyr has dragged on in Worcester District Court for four years and was again continued Monday because prosecutors didn’t receive a doctor’s report in time for the hearing.

Szantyr, who faces charges he molested an altar boy in Worcester in the mid-1980s, has already been ruled incompetent by a judge, but District Attorney Joseph Early Jr.’s office called for a new evaluation “due to information that was brought to our attention.”

Among the new information are reports that Szantyr, 76, was seen walking at a rest stop just minutes after he appeared in court in a wheelchair and that he has continued to oversee religious services in Connecticut. Szantyr, who reportedly is too ill to feed, clothe and bathe himself, also recently renewed his Connecticut driver’s license, court filings show.

 “We need to see that justice is served,” said Mary T. Jean, spokeswoman for the clergy abuse support group Worcester Voice, which has criticized prosecutors’ handling of the case.

Early said a paperwork snafu led to the latest continuance but that the report was located yesterday. The district attorney is seeking to hold a hearing before the Sept. 25 date set by Judge David Ricciardione.

 “I’m doing everything I can to expedite the case,” Early said. “We want to see closure.”

Szantyr’s attorney, Ed Ryan, said his client renewed his license “for identification purposes” and denied that his client drives.

“He’s been declared incompetent. He’s not getting better,” Ryan said. “Frankly, this case should have already been dismissed.”

Jean has also criticized court officials for not requiring Szantyr to show up at court hearings. Trial Court spokeswoman Joan Kenney said Ricciardione excused the priest from the next court hearing in accordance with rules that don’t require defendants at non-evidentiary proceedings.

August 20, 2007

Another continuance, Doctor blamed for failure.

Worcester District Attorney, Joseph D. Early, claimed today he ”took the psychiatrist at his word that the report of his evaluation of John J. Szantyr would be overnighted to the Worcester Courthouse on Thursday, August 17, 2007”.

The document today, during the 33^rd continuance, could not be located in the building causing the need for another status hearing to be scheduled.  Worcester District Attorney Early admitted no one from his office checked to make sure the document had arrived on Friday, nor checked today previous to the hearing.

Defense Attorney Edward Ryan approached Worcester TV Channel 3’s correspondence, Jennifer Eagan, and informed her she could not photograph his client John Szantyr in open court.

When called to present his case, Defense Attorney Ryan objected to the presence of the camera in the courtroom.  When Ms Eagan identified herself as Worcester TV Channel 3 to the court, Judge Ricciardone ruled the camera could stay because of public interest in this case.  

Defense Attorney Ryan then objected again claiming matters of confidentiality were going to be disclosed. Judge Ricciardone informed both parties to inform him before private information was to be disclosed, and he would rule on each matter.

Defense Attorney Ryan withdrew his objection stating he was misinformed as to who was recording the proceeding.

After the court determined that the doctor’s report, which was assigned on April 27, 2007, was not physically in the building nor could be located, ADA Joseph Reilly III, requested John Szantyr to be present in the courthouse, for the September 25th status hearing.  Defense Attorney Edward Ryan, of Fitchburg, boldly objected, telling Judge, David Ricciardone, that his client was incompetent and infirmed by court ruling, elderly and frail.  He further claimed John Szantyr had been stalked, and surrounded by people harassing him outside the courthouse. Judge Ricciardone responded he could certainly ensure his security in the courthouse.

No evidence as to any harassment of John Szantyr has ever been presented to the court in any of the thirty three continuances.  

Judge Ricciardone then said as it was only a status hearing, John Szantyr has a right to attend, however, he can waive his right to attend because no evidentiary material will be presented.  

The status hearing has been scheduled for September 25, 2007, in room 23, of the newly built Worcester Courthouse.

Michael Hodgkins, who was present in the courtroom, was willing to testify regarding the rest stop photos which clearly revealed that John Szantyr was able to walk, eat, and carry on a civil conversation with the young man who had pushed his wheelchair into court earlier that day.

Both criminal complainants were critical of ADA Joseph Reilly’s lack of moving this case forward more expeditiously. Thirteen people showed up in court today in support of those who have been re-victimized by the legal maneuvering of Defense Attorney Edward Ryan.

This case has been in the Worcester criminal court system for four years.

All those who attended the court hearing were extremely disappointed in the proceedings and the outcome. Many believed there was gross negligence on the part of the District Attorney’s Office resulting in yet another continuance.

August 20, 2007

Szantyr hearing today.

In Worcester District Court today, two alleged victims of clergy sexual abuse will endure their thirty third court date.

Fr John J Szantyr was arraigned on July 31, 2003 in the first case charged with three counts of indecent assault and battery on a child under 14. The second arraignment involving one charge of indecent assault and battery on a child under 14 occurred November 10, 2003.

For four years they have suffered continuance after continuance all in an effort to seek justice.

Neither alleged victim was ever contacted by the Diocese of Worcester. Yet, the young males served as alter boys from Our Lady of Czestochowa parish, in Worcester.

Other alleged victims have traveled from New York, and Connecticut only to sit in the courtroom time and time again.

Today once again they have travel to show support for the two criminal complainants and to see that justice is served.

They will not allow a legal system they feel has failed them to wear them down.

On Friday, August 17, 2007 an Amicus Curiae Brief was filed in Worcester District Court informing the court of all the known information that has been been uncovered by those who also allege sexual abuse but due to the statue of limitations, can seek a criminal complaint, lawyers, and advocates.

All in the hope, that if the Court is informed of all known facts, this case will at long last move forward to trial, and justice can finally served.

August 10, 2007

Szantyr victim seeks help from dioceses.

A letter seeking assistance concerning Fr John Szantyr who the diocese of Hartford CT reports as not in good standing goes unanswered.

In May, 2007 after being told of a conversation that occurred with Michael Hodgkins who alleges sexual abuse by Fr John Szantyr concerning an unsolicited phone call he received after an article in Boston Herald had been written. Donald Nohs so moved by the fact that Fr John Szantyr, who is without facilities yet was performing sacraments wrote for assistance.

The letter was sent to Archbishop Henry J Mansell of Hartford, CT and to the Diocese of Worcester, Bishop Robert McManus. Neither Bishop after three months has responded in writing.

Additionally an email was sent to the diocese of Hartford and copied to Father Rocco Piccolomini and Worcester Office of Healing coordinator, Frances Nugnet.

Within the email to Sr Mary Kelly, Mr. Nohs writes, pictures of John Szantyr were recently posted on the internet. The gentleman with John Szantyr also belongs to the prayer group in your diocese which is headed by John Szantyr. A woman reached out to a victim of John’s living in your Diocese and expressed that she felt fear and threatened if she speaks about John Szantyr. I am trying to get in touch with this woman so I can encourage her to go to the authorities if she is in fear.

Reading of the Worcester District court ruling stating Fr Szantyr has been judged incompetent. On November 2, 2006 the woman first attempted to locate Mr. Chesnis by searching the phone book on line, several numbers were tried however their efforts did not result in contact.

On November 3, 2006 the woman and her friend then contacted the office of Worcester District Attorney, John Conte. providing information they had concerning Fr Szantyr.

More

June 21, 2007

A question of competence

Is the accused priest playing dumb?

By Scott Zoback, Worcester Magazine

By just about every account, the sex-assault case against retired Worcester priest John Szantyr has gone on for way too long. Almost four years after the initial criminal complaints of indecent assault and battery on a child were issued, the case is no closer to a resolution, having been continued dozens of times. There are now multiple criminal and civil cases pending again