Executive Summary:
http://www.archdiocese-phl.org/grandjury/exesummary.pdfFull Text:
http://www.archdiocese-phl.org/grandjury/grandjuryreport.pdfWeb Page of Response:
http://www.archdiocese-phl.org/grandjury.htmThere is an old Joke about Grand Juries, i.e. even a bad District Attorney could get a Grand Jury to indict a Ham Sandwich.
In Pennsylvania Grand Juries are rarely invoked in Criminal Cases, Gran Juries are only used to investigate crimes where the subpoena power of the Grand Jury is deemed needed to further the investigation of the Local District Attorney or the Pennsylvania's Attorney General. Thus there was NO Need to call a Grand Jury except for the purpose of Condemning the actions of the Dioceses (Indictment could have been done directly by the DA instead of by the Grand Jury if the DA was was really looking for people to indict). No this was NOT to investigate Criminal Activity by the Clergy but to booster Lynn Abraham's status as Philadelphia's District Attorney.
Now I agree with you, 63 cases is a huge number, but that goes back to 1961 (and may even go back further given the recent search done by the Catholic Church which looked at records back till the 1950s). Should the Church have moved these priests around? No the Priests should have been restricted so that they did not come into contact with children. On the other hand the Statute of Limitation was intended to make sure the State would only prosecute cases where the evidence is relativity recent (I.e. Two years for Criminal, four year for CiviL actions).
My point was NOT to show the Church as a Bright example of what to do in such situations but to show that Lynn Abraham did her Grand Jury investigation with the intention to get good publicity NOT to look for actual criminal activity. The results of the Grand Jury clearly shows this, making a broad based attack on the Last Three Bishops of Philadelphia but than not indicting anyone citing the Statute of Limitation. This is like me accusing you of such sexual misconduct but than saying they is nothing I can do for the statute of limitation has expired (Thus giving you no chance to defend themselves). You can NOT sue a Grand Jury for Slander and since the statement is from the Grand Jury NOT the District Attorney's Office you can not even sue the District Attorney no matter how UNTRUTHFUL the statement was. Thus the Church has no way to bring the accusations to trial EVEN IF THE ACCUSATION WAS COMPLETELY FALSE.
Now I am NOT saying the statement is false, but if the statment was false the Bishops have no way to bring an action in court to correct the falsehood. The Grand Jury did not like the actions of the Diocese but that is based solely on the information presented to the Grand Jury by the District Attorney's Office. While a Witness may tell the Grand Jury something the District Attorney does not want the Grand Jury to Hear, as a general rule no one can present evidence to the Grand Jury EXCEPT THE DISTRICT ATTORNEY. Grand Juries are NOT design to weigh the evidence but to see if evidence of a Crime MAY have been committed AND who may have done the crime. Grand Juries do not Convict people. Thus my point this Report of the Grand Jury is NOT a conviction or a legal Judgment against the Diocese of Philadelphia but only that evidence of such criminal activity did occur. The Church Admitted to this YEARS AGO so how often must we get new findings of crimes already admitted to?
This Grand Jury Report is as valid as the following:
NEW FLASH: Jefferson Davis and Robert E. Lee OWNED SLAVES REPORT GRAND JURY, but the statute of Limitation has expired on indicting Jefferson Davis and Robert E. Lee.
NEW FLASH: GRAND JURY REPORT RACIAL DISCRIMINATION EXISTED IN PHILADELPHIA IN THE 1960s, but the statute of Limitation has expired so no indictments were made.
Lynn Abraham could have had the Grand Jury look into those situation also and waste Tax payer's money to find facts while known to the Public but no longer actionable by operation of the Statute of Limitation.
Sorry about the length of this response, but the facts of this case is just bad. We all accept that what the Diocese did was WRONG, but did this Grand Jury Report RIGHT that WRONG? The answer is no, it is just a feel good report to show that Lynn Abraham is "Looking out for the good of Philadelphians" instead of being a heartless prosecutor whose reputation is based on sending people to die by lethal injection.