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Michael D'Antonio

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Priests as Pintos: Fraud and the Next Catholic Crisis

Posted: 06/06/2012 1:53 pm

One can only guess what the pope might be thinking. In Rome, his butler has been arrested in connection with a "Vatileaks" scandal that has revealed venomous internal conflicts over the Church's finances, child abuse scandals and doctrine. In America, the faithful flock to support their nuns in their fight with Church disciplinarians, while a Philadelphia monsignor accused of endangering children faces heavy jail time in a criminal trial now in its second month. And these problems are not worst of it.

Amid all the more notable intrigue and scandal, a jury in the little city of Appleton, Wis., recently demolished a defense that has shielded the church from hundreds, if not thousands, of claims related to sexual crimes committed by priests against minors. The historic verdict threatens the Church with a new round of sexual abuse lawsuits that could expose it to billions of dollars in liability.

Like countless other victims of clergy abuse, Todd and Troy Merryfield had been unable to sue for damages because a state statute of limitations said too much time had passed between the moment when they knew they had been harmed and their decision to go to court. Noting that fraud stops the statute clock from ticking, their attorney Jeffrey Anderson re-filed the case to claim that higher-ups had defrauded his clients and the public by permitting a criminally flawed man to work as a priest. The way Anderson saw it, bishops who didn't act swiftly to protect the public from suspect priests were like the Ford Motor Company executives who unleashed fatally flawed Pintos on an unsuspecting public and should be held responsible.

The most remarkable thing about the Appleton case is that the facts were not unusual or extreme. Father John Patrick Feeney had been the subject of complaints about his behavior with children years before he met Todd and Terry Merryfield, and each time his superiors quietly transferred him. After Feeney assaulted the Merryfields in 1978, a district attorney showed his bishop evidence that the priest had committed other sex crimes. Still the Church did not remove Feeney from ministry. Finally, in 1983, the bishop barred Feeney from working in Green Bay but sent him off with a letter of recommendation -- calling him "a cleric in good standing" -- that allowed him to work as a priest in California and Nevada. All of this -- Feeney's pattern of behavior, the bishop's foot dragging and the deceptive letter of recommendation -- were standard operating procedure at the time.

In the records in the Feeney case his superiors don't use the kind of smoking gun language that would scream "we knowingly loosed a criminal on the community." Instead his bishop sounds exasperated, scrawling, "Father Feeney Please!" at the top of one letter of complaint and writing "If I hear any more about the swimming in the nude and encouraging boys to do it I'll suspend you." But as the evidence of Feeney's criminal sexual compulsions accrued, the bishop neglected his threat. And it was this neglect of duty, juxtaposed with the bishop's role as pastor to the Catholic people of Green Bay, that met the legal definition of fraud. In his closing argument Anderson said, "They knew he had sexually molested and they knew he posed a danger and a risk to children and thus they deceived the Merryfields and the community."

If it survives appeal, the Appleton verdict will establish an avenue for lawyers who brought abuse cases that were dismissed on the basis of state statutes of limitations to bring them again as fraud complaints. Victims who have been frustrated for decades could finally get their days in court. Bishops, who historically responded to complaints of abuse by moving suspect priests to new assignments, face a new wave of crisis and liabilities that would add substantially to the billions of dollars already paid out by the church in America to resolve sexual abuse lawsuits. Many dioceses could be bankrupted by claims.

Beyond the financial threat it poses to the Church, which is substantial, the Appleton verdict highlights the conflict of values between a religious institution that is also a monarchy, and the morality of liberal democracy. And it is in this arena, the moral arena, where the pope and the Church face the greatest challenge as ordinary citizens render their judgments. "You folks are the only people in this community and the only people in this world that can hold them responsible," said Anderson, in his closing. The jurors responded by requiring the Diocese of Green Bay to the face same standards other corporations confront in civil suits.

Holding the Church accountable was the Merryfields' first objective, and the jurors who obliged them exercised their authority over the Church as a competing moral power. The same can be said for the Philadelphia district attorney prosecuting Monsignor William Lynn, the Catholic laypeople who are rallying on the streets to support American nuns, and even the journalists exploiting the Vatileaks documents. Although the Vatican calls a book based on those papers "criminal," it is, in fact, an example of how press freedom functions as a check on the powerful. Similarly, the Catholics who support besieged nuns express themselves based on the freedom of assembly and the prosecutor pursuing the monsignor acts on the principle of equality under the law.

The freedom and equality that allow individuals to confront powerful institutions have been ascendant for centuries and for centuries the Vatican has lagged behind the world as it moved to embrace them. Internally the Church is, of course, entitled to its own form of governance and its doctrines and beliefs. It can even cling to its traditions of secrecy and intrigue. However, as it engages with the larger society in courtrooms and the court of public opinion, its authoritarian mindset leaves it ill prepared for challenges raised by people who believe that they are equal to any bishop or pope. In the contest between monarchy and democracy, the world, if not the universe, is becoming more democratic and open every day.

This week the Vatican press office reported that the Pope Benedict XVI is "suffering" but serene as controversy swirls around him. If this is true, it's because events are unfolding in a way the pope envisioned more than 40 years ago when he predicted a future Church that "will be small and, to a large extent, will have to start from the beginning." This future Church, which sounds an awful lot like the original Church, "will lose many of her privileges in society" he said in 1969. It will, of necessity, "acknowledge new kinds of ministry and raise will raise up to the priesthood proven Christians who have other jobs..."

In trusting itself to become what he called "a church of the little people" served by a kind of amateur priesthood, Benedict's future Church would "no longer be able to fill many of the buildings created in her period of great splendor." However it would also become far more democratic, egalitarian and relevant to the lives of modern men and women. Seen in this light, the verdict rendered in Appleton may constitute a step toward a better day for the Church as well as for the Merryfields. Perhaps this is why the pope is serene.

 
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03:32 PM on 06/20/2012
I just read somewhere today about a priest, some time ago, raping a 4 year old and 7 year old. One of the brothers found him in a retirement home (at 65?) and beat him up and is now in trial. How could any person justify raping a 4 year old. Wouldn't you turn yourself into the bishop and say bishop, I am tormented by unnatural urges and you have to remove me from contact with children..put me in an accounting office or something...I can almost understand older adolescents (excluding rape), being able to twist logic, being developmentally a 12 year old yourself etc...but a 4 year old?

Also we have to look at missionaries who were sent..some are undoubtedly holy and some could be holy and flawed, fatally, at the same time...And cardinals and bishops and the pope making these absurd statements..."I was only a note taker." "It is a mystery." We have to call them on this each and every time, and we have to insist on a moral, intelligent and decent man or woman as the next pope. mg
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tracerhaha1
It's time to end the war on (some) drugs.
06:05 PM on 06/11/2012
The church lost its moral authority when it aided and abetted the abusive priests.
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kathy smelser
12:11 PM on 06/11/2012
i hope every little dirty secret comes out ....then they will have a lot harder of a time finding a rock to hide under ....this has been a long time coming
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04:53 AM on 06/08/2012
It's long past time that Catholic clergy were held fully accountable for their actions. Period.
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04:49 AM on 06/08/2012
How can anyone bring themselves to set foot in one of those churches?
How bad does it have to get?
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Iamrebelriser
iamrebelriser
05:07 PM on 06/10/2012
People are both blind and retarded when it comes to the outrageous, criminal charactor flaws of their pastors & their own state or local politicians. The same religious right, but wrong, Tea Partiers are hypocrits. You "betcha," they accept their Medicare & Social security as if they're more deserving than the rest of the population, but they vote for Republicans who want to destroy Social Security & Medicare. Hey, people! Since you support Republicans who are and have always been trying to destroy all social programs, you have no right to make use of the Social Programs. You're dishonest, lying hypocrits. People who say they're "good catholics" are the same kind of dishonest hypocrites for defending abusive clergy.
ThinkCreeps
Seriously, it's time.
12:29 AM on 06/08/2012
Mr Capone, your attorney and CPA are on the line.
- Tell them to call back
No, Mr Al. They says it's very urgent.
08:38 PM on 06/07/2012
The Bishops were in great error (read: sin). We surrender and accept the punishments due. Asking forgiveness does not make up for the harm, we know this. But now what? Shall we abandon the truth for eternal salvation, too? Is everyting Catholic now disproven?
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04:53 AM on 06/08/2012
It has been, by the same scientists you burned at the stake.
Thanks for playing.
02:09 PM on 06/07/2012
I have often wondered why God waited until 2012 years ago to send his "Son" to earth to inform mankind of his existence. Considering that MAN had existed for many tens of thousand millions of years before Jesus was born, where did the spirits of the millions of dead people go before man invented (excuse me: Learned of) Heaven and Hell (And purgatory)?
08:40 PM on 06/07/2012
Not to worry. God is just. And merciful. Unless they were diabolically and willingly evil to their fellow man, I doubt they were condemned.
10:36 AM on 06/08/2012
Without revealing Himself (or Herself) How could Man have known He, or She, (or even It) existed, and had rules to follow?
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Iamrebelriser
iamrebelriser
05:21 PM on 06/10/2012
Read the Old testament, the Hebrew Scripture which was what was followed before the time of Christ. Jesus was not a Christian, but was a Jew, and various religions & gods & goddesses existed for many, many years prior to the Time of Christ. Christianity and then catholicism & then protestanism came about out of the followers of Christ. Hell & purgatory were added when the stories which had previously been passed on by word of mouth were put into written word by the patriarchy who wanted to have a means of frightening people into following their laws.
09:15 PM on 06/10/2012
I have read the Old and the New Testaments as well as six different printings from the 18th and 19th centuries (You would not believe the changes made in the different "Printings".) Who knows what the original texts really said, and what their intent was versus today's version and use.
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xenubarb
Nebulon V
02:01 PM on 06/07/2012
The pope is "suffering, but serene."

I'd say these two conditions are mutually exclusive.
ThinkCreeps
Seriously, it's time.
12:31 AM on 06/08/2012
If he thinks this is bad, he should get on his a gold-plated laptop and google 'RICO'.
06:39 PM on 06/08/2012
Nah...you can be in pain and be serene. Suffering can imply torment, but it also just means something that is not pleasant, and it can mean something you must bear.
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charlesrfd2003
Proud American who believes in the Bill of Rights
11:38 AM on 06/07/2012
I disagree with one statement. The Catholic Church is not entitled to its own governance and secrecy because the Church is the people and not the cabal living in the Vatican. Civil governments should pursue protection for their citizens. The prosecution of wrong doers is just the beginning. The legal structure of the Church in the United States should undergo reform. Corporation Sole structure of the parishes and dioceses needs to be changed where there is an independent board of directors and accepted accounting procedures installed. Only 10 dioceses have accept accounting and all who serve on any board do so at the pleasure of the bishop. Switzerland bucked the Vatican on this issue and does quite well without Corporation Sole.

Catholics themselves are the ones who must demand to restoration of democracy to the Church that existed in the early Church where the laity had a say in who became bishop. In fact the right is pointed out in the rites that most do not understand.

We are witnessing the beginning of a new reformation in the Catholic Church which is the largest human organization on earth. What happens will affect Catholics and non-Catholics due to sheer size of the organization.
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kathy smelser
12:27 PM on 06/11/2012
i have heard a lot of people say that money corrupts politicians who in turn corrupt our policy makers ....maybe money has corrupted the Catholic Church
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phal4875
The world is run by cats; we just feed them.
11:27 AM on 06/07/2012
Perhaps the pope is "serene" because he believes that all popes get to Heaven.
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AntithiChrist
Rhymes with Grist
07:10 PM on 06/07/2012
That was "All Dogs Go To Heaven."
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flinthfp
1John 5:11-12 Eternal Life in flesh
10:12 AM on 06/07/2012
Some bible scholars interpret the whxore in the book of revelation as apostate RCC. Their support of people dry up, so the political powers have no use for her anymore and destroy her.
The main point here I believe, is to care for God's people within her "get out of her MY people"
Don't throw the baby out with the bath water. Relationship in Christ, is our refuge and strength. Matthew 11:28-30
Shalom
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themightyabealrd
screw the real world-I'm an artist!
04:48 AM on 06/07/2012
This is heartening news. The Catholic Chruch has believed itself and its employees to be above the law and exempt from responsibility-if this ruling stands, they will learn that this is not so.
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oho
02:56 AM on 06/07/2012
Interesting, Appleton, WI is not exactly a hotbed of liberal revolt.
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Jerry Frey
unCommon sense for the common good
02:42 AM on 06/07/2012
It's just a question of time. The Universal Church will one day shed its odor of sanctity and the episcopal authority/fraud will become irrelevant as the people learn the truth.

For some clues, avoided by bishops e.g. (actions count more than orthodoxy), pls visit.

http://napoleonlive.info/see-the-evidence/judas-the-galilean-and-his-unterbrink-writings-2/