By Mark Reiter
Toledo Blade
June 14, 2008
http://toledoblade.com/apps/pbcs.dll/article?AID=/20080614/NEWS02/806140368
A Roman Catholic priest who confessed to fondling a man in a public hot tub in Sylvania Township was found not guilty yesterday on a misdemeanor sexual imposition charge.
The Rev. Frank Murd was acquitted by Lucas County Common Pleas Judge James Jensen of any wrongdoing in the incident, saying the prosecution failed to prove the priest's actions were offensive to the man.
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| The Rev. Frank Murd, who confessed to fondling a man in a public hot tub, is found not guilty after a bench trial. Photo by The Blade / Dave Zapotosky |
The verdict followed a bench trial on Wednesday on an accusation stemming from a March 18 incident at the JCC/YMCA, 6465 Sylvania Ave., involving the 27-year-old Sylvania man.
Father Murd, 66, was accused of fondling the man while they were both naked in a hot tub in a room adjoining the men's locker room at the facility.
Judge Jensen told the priest that the verdict was in no way meant to be an "affirmation or verification" of his conduct in the hot tub and also should not be interpreted to "impugn the character" of the man who claimed he was touched inappropriately.
Father Murd, who is undergoing treatment at an out-of-state facility for "spiritual remedies" and "professional evaluation and counseling," responded to the verdict with the same low-key behavior he showed throughout the trial.
He refused comment as he left the courtroom.
The priest resigned as pastor of St. Joseph's Church in Maumee on April 8, the day after he admitted to Sylvania Township police Detective Jim Rettig that he fondled the man in the hot tub.
The Diocese of Toledo released a statement that said Father Murd returned yesterday to the residential facility where he went for treatment after his resignation.
Sally Oberski, a diocesan spokesman, said she could not rule out the possibility that Father Murd eventually would be returned to a parish as a priest or a pastor.
When asked whether Bishop Leonard Blair would have concerns about the priest having contact with children because of the statement he gave police, she said it would not be appropriate for her to comment on the testimony given during the trial.
In the police interview, which was among the evidence considered by Judge Jensen, Father Murd denied for 14 minutes that he fondled the man.
Instead, he claimed he accidentally bumped into the man.
Eventually, the priest admitted the fondling occurred and apologized.
Judge Jensen said the priest's actions could be considered by some "disgusting, repugnant, and morally reprehensible."
In reaching his decision that the man wasn't offended by the action, Judge Jensen noted the time - 45 seconds to one minute - that elapsed before the priest quit fondling the man.
The judge also noted that the man never resisted, told the priest to stop, or moved away or got out of the hot tub.
He also said the man didn't immediately report the incident to authorities, but instead asked an attendant at the facility for the identity of the priest after leaving the locker room.
The man then went home where he called his psychologist, who told him to contact police.
The man, who was not in the courtroom when Judge Jensen announced his decision, could not be reached for comment.
Claudia Vercellotti, co-coordinator of the local chapter of the Survivors Network of those Abused by Priests, said the decision was a "crushing blow" to the man who made the complaint and all sexual assault survivors.
"I found the [man] to be unbelievably credible. It took great courage and was a tremendous sacrifice for him to go on the witness stand," said Ms. Vercellotti, who attended the trial.
Contact Mark Reiter at markreiter@theblade.com of 734-241-3610.
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