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  Judge Refuses to Halt Abusive Ex-Priest's Trial

By Ralph R. Ortega
The Star-Ledger
May 6, 2008

http://www.nj.com/news/expresstimes/nj/index.ssf?/base/news-8/1210047621120250.xml&coll=2

FLEMINGTON | A former Milford priest wanted to postpone his second trial on child sex abuse charges, his lawyer argued Monday, because proceeding with the case now may be too soon after the pope's apology for the clergy sex abuse scandals.

"His concern was that people might rush to judgment and not focus on his case in particular," said Peter Abatemarco, the Hunterdon County public defender representing John M. Banko, who already has a 2002 conviction for a separate child sex abuse case.

Despite Banko's concern, Judge Roger F. Mahon rejected Abatemarco's request for an adjournment Monday.

Mahon proceeded with jury selection and assured Abatemarco the selection process should help detect any effect last month's papal visit to the United States might have on jurors.

"We will be able to detect whether any of them can be fair and impartial or not," said Assistant Prosecutor Dawn Solari.

The screening process lasted more than four hours. Forty out of 53 potential jurors were excused for various reasons, including some who said they could not be impartial in the case.

A fresh jury pool will be brought in today to continue selection of a panel that will hear the latest charges against Banko.

A grand jury indictment has charged the former pastor of St. Edward's Roman Catholic Church in Milford with separate counts of first-degree aggravated sexual assault and second-degree endangering the welfare of a child in the latest case.

Banko, 62, is accused of abusing a boy who was younger than 16 years old between September 1994 and May 1995. Banko is already serving a 15-year sentence for sexually molesting an altar boy after Sunday Mass twice in the 1990s.

 
 

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