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  Medical Records Key, Lawyer Says

By Andrea Eilenberger
The Express-Times [Flemington NJ]
March 6, 2007

http://www.nj.com/news/expresstimes/nj/index.ssf?/base/news-4/117315951625520.xml&coll=2

A prosecutor wants an alleged victim's medical records introduced in an upcoming molestation trial involving a former Milford priest.

The Rev. John Banko, 60, is already serving time for sexually abusing an altar boy but is facing new charges he molested another boy younger than 13.

Hunterdon County Assistant Prosecutor Dawn Solari said the boy's medical records from the time of the alleged abuse indicate some injuries and symptoms, although she didn't elaborate.

"I'd like to pursue that avenue at this point," she said after a status conference Monday in Hunterdon County Superior Court.

Banko is accused of abusing the boy between Sept. 1, 1994, and May 15, 1995, when he served as pastor of St. Edward the Confessor Roman Catholic Church. He is facing first-degree aggravated sexual assault and a child endangerment charge.

Solari plans to send the medical records to the Child Protection Center, a state-run diagnostic center that includes pediatricians, social workers and psychologists.

The information could serve as an "educational tool" for the jury from a medical perspective, she said.

Physical evidence in a trial like the one Banko faces is rare, according to Mark Crawford, co-director of SNAP, New Jersey's Survivors Network for those Abused by Priests. That is likely because abuse often isn't reported until well after it occurred, he said.

Crawford, who is a survivor of past abuse, and Pat Serrano, SNAP's family outreach director, attended Monday's proceeding to support the alleged victims, although they weren't in the courtroom.

"We want to make sure they know they're not alone," Crawford said. "As a victim, I can completely understand that feeling."

Solari also plans to use testimony from an expert on Child Sexual Abuse Accommodation Syndrome, which can keep an abused child from reporting crimes in a convincing manner.

The office is considering filing a motion requesting a hearing to determine whether other alleged victims' testimonies could be used in a trial. That type of proceeding is often referred to as a "prior bad acts" hearing.

Solari said the alleged victim or victims she might ask to testify probably would not be the same young men who testified in Banko's 2002 trial. Then three men other than the victim named in the case testified Banko plied them with fancy dinners and alcohol before attempting to molest them.

Crawford and Serrano stressed the need to probe all misconduct allegations against priests. They said Banko's case shows there are often multiple victims and that they can be prosecuted.

The next status conference is scheduled for 11 a.m. April 12.

Reporter Andrea Eilenberger can be reached at 610-258-7171 or by e-mail at aeilenberger@express-times.com.

 
 

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