Lay group urges preservation of records; diocese may shred abuse files after accused priest dies

National Catholic Reporter, Jan 24, 2003

Describing themselves as "deeply troubled" by the possibility of destroyed records in sexual abuse cases, a group of New Hampshire lay Catholics is demanding that the personnel files of deceased priests be preserved.

According to a 2002 agreement with New Hampshire Attorney General Philip McLaughlin, the Manchester diocese may shred such documents after an accused priest dies. But as alleged victims continue to come forward, supporters are concerned that shredded documents could prevent closure and leave oversight concerns unaddressed.

"We urge you to publicly pledge that the diocese will not destroy any more records associated with sexual abuse allegations against any priest," said a Jan. 9 open letter from New Hampshire Voice of the Faithful to Manchester Bishop John McCormack. "These records are a crucial archive of how the diocese has handled allegations in the past, how it is doing today, and how it will handle them in the future."

Demands for a moratorium on document shredding come on the heels of an abuse case that apparently led to a priest's suicide. Authorities last month found the body of Fr. Richard Lower, pastor of Our Lady of Fatima Parish in New London, N.H., on a hiking trail two days after he was accused of having abused a boy in 1973. According to last month's agreement with civil authorities, Lower's file could legally be destroyed without an investigation.

The Manchester diocese will be developing a policy this year for how to manage the files of deceased priests, said spokesperson Patrick McGee. Files of anyone accused of abuse will not be destroyed, McGee said, but he declined to say what to expect in cases where allegations might surface in the future.

"We can't predict yet what the policy will be," McGee said, "but we are developing a formal records retention program."

What to do with the records of accused priests who have died remains a thorny issue for dioceses nationwide as they grapple with fallout from an ongoing clergy sexual abuse crisis.

In New Hampshire, Voice of the Faithful estimates 43 percent of pending abuse cases involve a deceased priest. Signs of prior destruction of documents have also brought urgency to the call.

Voice of the Faithful made its appeal to the diocese two days after the release of a pretrial deposition McCormack gave to lawyers in Boston. In the deposition, the bishop was questioned about his years supervising Boston priests as former auxiliary bishop and priest personnel director. News reports about the deposition have focused on the bishop's apparent deference to accused priests and his acknowledgement that he and other top archdiocesan officials, fearing scandal, in 1994 firmly refused repeated pleas by the archdiocesan victim outreach coordinator, St. Joseph Sr. Catherine E. Mulkerrin, to make public announcements in parishes where priests facing accusations had served.

In other news regarding the ongoing clergy sex abuse crisis:

* Pope John Paul again referred to the clergy sex abuse scandal when he met Jan. 10 with nearly 400 U.S. bishops, priests and seminarians during a meeting of alumni of the North American College, the U.S. seminary in Rome, "At a time of difficulty and suffering for Catholics in the United States, I assure all of you of my prayerful solidarity," the pope said.

* In Kentucky, a bill that challenges the sacramental seal of confession in the Catholic church was filed in the state's House of Representatives as it opened its 2003 session Jan. 7. The proposal seeks to amend the clergy-penitent privilege to say that the "privilege shall not extend to any communication relating to the neglect or abuse of a minor child."

The clergy-penitent privilege, somewhat comparable to the attorney-client privilege, currently allows clergy in Kentucky to refuse to disclose any information communicated to them while they are acting in the role of spiritual adviser or confessor.

The bill, sponsored by Rep. Susan Westrom of Lexington, would require all members of the clergy--"minister, priest, rabbi, Christian Science practitioner or other similar functionary of a religious organization"--to report information disclosed to them under any circumstances if it relates to the abuse or neglect of a minor.

The Catholic Conference of Kentucky, public policy arm of the state's bishops, said it will oppose the bill.

* The Boston Globe reported Jan. 10 that 15 men will receive a total of $5.8 million in a sex abuse settlement with Boston College High School, Cheverus High School in Portland, Maine, and the New England Jesuits who run the two schools.

Fourteen of the men filed claims against Jesuit Fr. James Talbot, who taught and coached at both schools and who was indicted last September on rape charges for alleged assaults at Boston College High School between 1972 and 1980. The 15th man accused Jesuit Fr. Francis J. McManus of abusing him in the early 1980s at the Boston school.

Also in Boston, the Jan. 9 release of 800 pages of Cardinal Bernard Law's appointment calendars led to new questions about the cardinal's statements in depositions that he largely relied on his aides to handle matters when priests were accused of abuse. Journalists were quick to spot a number of instances in which appointments to meet with those priests appeared on the cardinal's schedule during the time their cases were being considered.