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  Priest to Leave As Children Testify
Lawyers Reach Deal in Sex Abuse Case

By Edward Munger Jr
Gazette
January 7, 2009

http://www.dailygazette.com/news/2009/jan/07/0107BRODER/

FONDA — A man headed for trial on child sex abuse charges will leave the courtroom when the alleged victims testify later this month, attorneys agreed Tuesday.

The Rev. John W. Broderick, 47, of Broome County, is facing three felony counts of second-degree sexual abuse and a misdemeanor count of unlawfully dealing with a child in an indictment handed up in September.

The indictment alleges that Broderick had sexual contact with three children while he served as a Palatine Bridge family's "spiritual adviser" between October 2005 and May 2007.

Broderick is a Roman Catholic priest who worked in the Syracuse Diocese.

Broderick appeared in Montgomery County Court on Tuesday morning for a hearing on District Attorney James "Jed" Conboy's request that the three boys, ages 6, 10 and 12, be permitted to testify via a closed-circuit television feed.

But before arguments began, one of Broderick's attorneys, Ben Rogers, told County Court Judge Felix Catena that his client is willing to leave the courtroom during the children's testimony.

Conboy did not oppose the agreement but argued later for the court to renew an order of protection that expired recently.

In support of the order of protection, Conboy cited the children's fear of any contact with Broderick.

Conboy also said that a private investigator's continued phone calls to people involved in the case as well as Broderick's lawsuit against the family support his request for the temporary order of protection.

Broderick filed a civil lawsuit against the family in November, seeking $500,000 in damages for the loss of reputation and employment due to statements made by the family.

Broderick's other attorney, John J. Broderick, told Catena that he felt the order of protection was not needed.

"I believe he's innocent. [He] would never do anything to these kids under any circumstances," attorney Broderick said.

Catena agreed to issue the temporary order of protection, citing evidence presented to the grand jury.

The order prohibits Broderick or anybody acting on his behalf from having any form of contact with the children until the end of the trial, which is scheduled to begin Jan. 26.

Catena has yet to rule on a motion by the defense seeking a judicial order requesting documents on Broderick's history from the Syracuse Roman Catholic Diocese. The motion also seeks records from the Department of Social Services and from the children's schools.

Attorney John Aretakis, who is representing the family and children, said later Tuesday that he believes his clients will be intimidated by having to go into a courtroom environment for the second time — they already did so during grand jury proceedings.

"The way I see it is that this priest knows that if these little children … have to walk in before a jury of 12 people and two alternates and a bunch of strangers in the front seats of the court, that they're going to be intimidated," Aretakis said.

"He wants them to be in a difficult and uncomfortable situation," Aretakis said.

Aretakis was suspended from practicing law last month by the Appellate Division of state Supreme Court. Aretakis said he appealed and the court stayed the suspension while the appeal plays out, so he remains involved in this case.

Broderick and his attorneys declined comment Tuesday.

 
 

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