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  Episcopal Court Finds Bishop Guilty of Cover-Up

By David O’Reilly
Philadelphia Inquirer
June 26, 2008

http://www.philly.com/inquirer/breaking/news_breaking/20080626_Episcopal_court_finds_bishop_guilty_of_cover-up.html

An Episcopal church court has found Bishop Charles E. Bennison Jr. guilty of concealing his brother's sexual abuse of a minor many years ago and keeping his role secret from church leaders.

The court must now decide whether to remove Bennison permanently from all clerical office, or suspend or reprimand him. A sentence is not likely before late August, and Bennison may appeal the verdicts or his sentence.

Bennison's lawyers said yesterday they planned to appeal. Bennison was unavailable for comment but "obviously disappointed," said John McDonald, a lawyer with the firm. Bennison has said he will return to the office of bishop if the courts allow him.

Bennison, 64, became head of the five-county, 55,000-member Diocese of Pennsylvania in 1998. He was suspended from that office in October after a special review committee of the Episcopal Church USA charged him on two counts of "conduct unbecoming a member of the clergy."

In its indictment, or "presentment," the committee asserted that as the young rector of St. Mark's parish in Upland, Calif., in the early 1970s, he had failed to protect a teenage girl from the sexual predations of his younger brother John, the parish youth minister.

At his church trial here three weeks ago, Bennison testified he had been unaware of the abuse - which started when the girl was 14 or 15 - until several years after it began.

In his defense, he said he had had no seminary training about sex abuse, and in the 1970s did not even know what statutory rape was. He said he kept silent about the abuse at John's 1975 ordination to priesthood because he thought John would not engage in sexual misconduct again, and said he thought it would shame the girl if he told her parents.

The victim, now 50, testified Bennison had twice ignored obvious and early signs she and John were having sexual relations. She also said he provided her no protection or comfort after he found out, and that the abuse continued.

It was only the third Court for the Trial of a Bishop in the 232-year history of the Episcopal Church USA.

The five bishops, two priests and two laypeople comprising the Court for a Trial of a Bishop ruled unanimously on Wednesday that Bennison had been guilty of failing to respond appropriately at the time of the abuse.

By a vote of 6 to 3, the court also found Bennison guilty of continuing to "suppress" his inappropriate response from church leaders in the decades that followed. The verdicts were announced yesterday.

The 10-member diocesan standing committee, which has been functioning as the office of bishop since October, yesterday said it "shares in the grief of the victims and all whose lives have been impacted by these events."

"Our prayers and thoughts are with those affected by the trial and the verdict," it said in statement. "We pray for healing for all."

The standing committee has been seeking Bennison's ouster for several years, alleging that since 2000 he has spent millions of dollars of diocesan assets without canonical authority to build a summer camp.

Lawrence White, the Episcopal Church's lead attorney in the trial, issued a statement yesterday expressing his and the victim's family's appreciation to the church for holding Bennison accountable and allowing "the truth to come to light."

The victim, her family, and lawyers for Bennison and the church have until July 30 to submit recommendations on the sentence. The court may also conduct a sentencing hearing.

All parties have until August 15 to respond to the sentencing recommendations, after which the nine judges will impose sentence.

Bennison then has the right to appeal the verdicts and the sentence to a special review court comprised of nine bishops. The review court may reverse either verdict or impose a different sentence. Its decision is final.

Bennison's principal attorney, James A. A. Pabarue, yesterday issued a statement reiterating the premises of his trial defense. "We believe the evidence clearly showed that Bishop Bennison acted in a manner appropriate in the 1970s, especially given the minimal training in matters of sexual abuse that clergy members were afforded at that time."

It went on to say that many church leaders knew of Bishop Bennison's handling of his brother's misconduct as early as 1979 and never saw fit to impede his efforts to become a bishop.

If Bennison wins his effort to be reinstated he may serve as bishop until he turns 72. The Diocese of Pennsylvania comprises Philadelphia, Montgomery, Bucks, Delaware and Chester counties.

Bennison also faces a separate civil trial in Montgomery County Common Pleas Court. The Rev. David Moyer, the conservative rector of Good Shepherd parish in Rosemont and a longtime critic of Bennison's liberal theology, is suing Bennison for monetary damages for defrocking him in 2002 and then barring him from an appeal.

The court has set a September date for that trial. Moyer's lawyer, John Lewis, says he knows of no precedent in American jurisprudence for a priest suing his bishop in civil court.

Contact staff writer David O'Reilly at 215-854-5723 or doreilly@phillynews.com.

 
 

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