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	Legal Experts Question LA Priest Probe By Linda Deutsch Press-Enterprise January 29, 2009 http://www.pe.com/ap_news/California/CA_Church_Abuse_382474C.shtml A U. S. Attorney with a penchant for applying the law creatively is taking on the biggest target of his career the nation's largest Roman Catholic Archdiocese in a child molestation case that could break ground for prosecuting high-ranking church officials nationwide if it succeeds. But legal experts were questioning Thursday whether U.S. Attorney Thomas P. O'Brien has a chance of persuading a jury that Cardinal Roger M. Mahony and other leaders of the Los Angeles Roman Catholic Archdiocese violated the federal "honest services" fraud law by allowing the molestation of hundreds of children by Catholic priests. It was revealed Thursday that a federal grand jury is investigating how Archdiocese officials handled their internal investigation of child-molest allegations brought against Catholic priests. The Archdiocese reached a record $660 million settlement in 2007 with more than 500 alleged victims of child abuse. "Here the theory is that the honest services were denied to parishioners who had a right to the honest services of cardinals and higher-ups of the church," said Laurie Levenson, a professor at Loyola University Law School and a former federal prosecutor. She predicted it would be difficult to prove because it requires evidence of "a specific intent to defraud." The honest services statute has most often been used to prosecute politicians and chief executive officers of corporations. It has never been used against a church. "Federal statutes are designed to cover a myriad of kinds of behavior, but just because you can charge them doesn't mean the jury is going to convict," Levenson said. Mahony, who said the Archdiocese is cooperating with investigators, added that he thought the matter had already been laid to rest by previous investigations. Although the Los Angeles County district attorney's office still has an open investigation involving church abuse, spokeswoman Sandi Gibbons said it was unlikely Mahony would be charged. "Basically we were mystified and puzzled by the whole thing," Mahony told Los Angeles radio station KNX on Thursday. "We have been through these investigations for years now." One legal expert seemed to agree, suggesting a federal prosecution was unwarranted. "It's outrageous that they're in it," said G. Robert Blakey, a professor who teaches federal law at Notre Dame University and who helped draft the honest services statute. "What does this have to do with the federal government?," Blakey asked. "The state of California has prosecuted many cases. They got a huge settlement in civil cases. Why is the federal government doing it now? Doesn't he (O'Brien) have enough to do with terrorists, with financial fraud, with drug smuggling?" U.S. attorney spokesman Thom Mrozek said his office would have no comment. O'Brien gained attention last year when he stepped in after local authorities declined to prosecute a Missouri woman for allegedly causing the suicide of a teenage girl through an Internet hoax. Authorities said Lori Drew created a phony MySpace profile for a teenage boy and used it to flirt with the girl, then dump her. O'Brien brought computer fraud charges under a law normally used in hacking and trademark infringement cases. Although Drew was convicted of minor charges of using computers without authorization, she was acquitted of more serious crimes. Advocates for victims of clergy abuse expressed joy that he was going after the Archdiocese. "From our perspective, it's crystal clear that parishioners were deceived and defrauded. It's simply common sense," said David Clohessy, director of Survivors Network of those Abused by Priests. Steve Rubino, a New Jersey attorney who has represented numerous priest abuse victims and attempted to bring federal conspiracy charges against church officials, said the U.S. attorney's effort "is a natural outgrowth of the whole attempt to find accountability for all of this." But he said trying to prosecute high-level church officials could be difficult. "Chief executives (of companies) are tried every day," he said. "Chief executives who happen to be sitting cardinals are not. It will be a political and legal test of will." Mahony's attorney, J. Michael Hennigan, accused the government of leaking word of the investigation, adding the Archdiocese would press for an investigation. "The Archdiocese is not aware of any fact or set of facts that would support a responsible federal investigation of the Archdiocese or of Cardinal Roger Mahony," Hennigan said in an e-mailed statement.
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