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	Alleged Victims May Not Testify in Abuse Trial Prosecutor Says She Has No Plans to Bring up Priest's Past Crimes By Sara K. Satullo The Express-Times [Pennsylvania] April 13, 2007 http://www.nj.com/news/expresstimes/nj/index.ssf?/base/news-4/1176437347225850.xml&coll=2 Flemington - A former Milford priest's upcoming sex assault trial may not include testimony from other alleged victims who aren't directly involved in the case, as his first trial did. Hunterdon County Assistant Prosecutor Dawn Solari said Thursday she doesn't plan to ask the court to admit testimony regarding "prior bad acts" at the Rev. John Banko's second molestation trial. A jury convicted the 60-year-old priest of sexually abusing an altar boy in 2002. He is serving a 15-year sentence at the Adult Diagnostic and Treatment Center in Avenel, N.J. and is awaiting trial in a second case. Solari has been considering asking alleged victims to testify against Banko as they did in the 2002 trial. In that trial three men, besides the victim, testified that Banko plied them with fancy dinners and alcohol before trying to molest them. The same three men were not going to testify in the new case, Solari said Banko pleaded not guilty in November to new charges that he molested another boy younger than 13. "He's definitely indicated so far he intends to go to trial," Solari said. 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 faces first-degree aggravated sexual assault and a child endangerment charge. "Mr. Banko has made it clear he will not accept a plea," defense attorney Peter Abatemarco said during a Thursday status conference. Regardless, Abatemarco requested Solari draft a plea agreement so Banko can formally reject it. The terms of a plea offer have not been determined, Solari said afterward. The defense questioned whether the prosecution planned to bring up Banko's prior conviction. Solari said if Banko testifies on his behalf, she will introduce the issue of his past crimes. Solari said the extent of detail she is allowed to tell jurors about would be limited due to the similarity of the charges he faces in this trial. "I can say what his sentence is but not that he is being held at Avenel, because then the jury would know (he was a sex offender)," Solari said after the court conference. Solari wants to tell jurors in the upcoming trial about the alleged victim's medical records from the time of the abuse, which indicates some injuries and symptoms. A report is pending from the Child Protection Center, a state-run diagnostic center that includes social workers, psychologists and pediatricians. The defense and prosecution estimate the second trial will take no more than two weeks. Another status conference is scheduled for 10 a.m. on May 4. Reporter Sara K. Satullo can be reached at 908-475-2174 or by e-mail at ssatullo@express-times.com .
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