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	No Trace Left of Priest's Case By Kathryn Marchocki The Union Leader [New Hampshire] April 6, 2006 http://www.unionleader.com/article.aspx?headline=No+trace+left+of+priest %E2%80%99s+case&articleId=2d025d5c-2fa5-46f2-8363-6925844c1c23 One priest the Diocese of Manchester removed from ministry since 2002 for alleged child sexual abuse was indicted for felony sexual assault, but the charge was dropped when his accuser would not testify at trial. The priest later had his case annulled by the court, removing any trace of its existence from the public record, according to the attorney who represents him. The Rev. Edward J. Arsenault, who heads the diocese's office of ministerial conduct, said all three mentioned in the audit remain on "precautionary administrative leave" pending an investigation into the credibility of the allegations. He would not identify any by name or discuss their cases. One of the three is a priest who was indicted by a grand jury last fall for felony sexual assault of a boy under 13 years old, said Senior Assistant Attorney General N. William Delker. The alleged abuse occurred more than a decade ago. The charge was dismissed when the alleged victim decided not to testify against the priest at trial, according to the county attorney. His case was "subsequently annulled by the court, which means the entire record of the case has been sealed and shredded by the court system," said the priest's lawyer. State law allows criminal records to be annulled in certain cases when the court finds it "will assist in the petitioner's rehabilitation and will be consistent with the public welfare." Two other cases The audit noted the diocese removed two others from ministry since it reached an agreement with the state in 2002 to avoid prosecution for its handling of sexually abusive priests in the past. In striking the agreement, the state said it would not seek indictments against the diocese for child endangerment. In return, the diocese agreed to enact stricter child protection policies, submit to annual audits for five years and admit its past practices could have resulted in a criminal conviction. The audit noted a second priest was removed from ministry for allegedly viewing pornography, and possibly child pornography, on a parish computer between November 2004 and January 2005. That priest's name cannot be released because the state is conducting a criminal investigation to determine if any of the pornography involved children, Delker said. The state also is examining whether the diocese violated the agreement by not reporting the matter when it learned of it, he added. The third case involves a youth minister who is alleged to have abused someone in a "home setting" about 60 years ago, Delker said. The alleged abuse was not connected to the church in any way and allegedly occurred before the individual became involved in youth ministry, he said. The three cases are among a total 87 allegations of sexual misconduct against clergy and laity that the state has received since the 2002 agreement, Delker said. Two of the cases involved priests who were not previously identified in the criminal investigation the Attorney General's Office conducted of the diocese in 2002, Delker said. The priests had been out of active ministry for more than 20 years for reasons unrelated to alleged abuse, he added. Both cases were referred to law enforcement for further investigation, Delker said, adding he was uncertain of their current status. Comparing numbers Another involves a friar with a Franciscan religious order who was assigned to serve in New Hampshire, but was not a diocesan priest, Delker said. His case also was referred to law enforcement for further investigation, he continued. The "vast majority" of the 87 new allegations involve priests who already had abuse allegations brought against them before the 2002 agreement and had been removed from ministry, Delker said. Others included: Priests who were dead when the alleged abuse was reported. Religious order clerics who allegedly abused while in New Hampshire, though they never were assigned here. The smallest group, which involves laity and volunteers who allegedly abused minors outside any church-related setting, but whose names came to the state's attention through the agreement process, according to Delker. While the state received allegations of child sexual abuse from the diocese, others were reported directly to the Attorney General's Office by alleged victims, attorneys or other parties, Delker said. Given this, it is not known if the number of abuse allegations received by the state and the diocese are consistent. KPMG Forensic Services, the independent auditing firm hired by the state to audit the diocese, recommended the state and diocese periodically meet to review their respective files and ensure all alleged abuse reports have been filed. Arsenault said the diocese has forwarded every report of alleged abuse that it received to the Attorney General's Office in accordance with the agreement. But he said the state has not responded to the diocese's request of March 2005 to meet regularly with the state to reconcile its numbers with the state's. Delker acknowledged the state has not responded to the diocese's request for regular meetings and intends to do so. "The recommendations of KPMG was a recommendation of an area of improvement that we both can make. We believe that's an important process that needs to be put in place," Delker continued. Background checks Auditors also found the diocese failed to do criminal background checks on all diocesan clergy, staff and volunteers who work directly with children. While auditors said progress has been made since 2002, a failure at the top levels of the diocese to take a stronger role in ensuring compliance must be addressed. While the auditors commended the diocese for training about 9,000 volunteers and staff in its child protection policies, it cannot say how many have not been trained because it doesn't know how many currently work with children. Attorney General Kelly A. Ayotte gave the diocese 30 days to produce a plan for how it will correct the problems, saying she would go to court to enforce the agreement if necessary. Arsenault said the diocese will "publish clearly what we have for records and for whom we've checked criminal records" within the 30-day deadline. The audit did field visits at three parishes, a school and diocesan camp. Arsenault said these site visits done last June did not capture the "vast majority" of diocesan volunteers and staff who underwent training and criminal background checks. "I can state assuredly it doesn't represent where we are at today," Arsenault said. "We are 10 months ahead of where they were when they were here." The 2002 agreement required annual audits for five years through Dec. 31, 2007. But they were stalled as the state and diocese disputed their scope and who would pay for them. Auditors began their work last June after a judge ordered the state could undertake an audit that would measure the effectiveness of the diocese's child protection programs, which the diocese argued against. The court also ordered both sides split the estimated $445,000 total cost. While the attorney general said the audit made public last week is the first of four annual audits, the diocese said it will submit to compliance audits through Dec. 31, 2007.
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