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	Priest Abuse Claim Appears to Fall Within the Statute of Limitations By Rachanee Srisavasdi The Orange County Register February 12, 2009 http://www.ocregister.com/articles/prosecutors-file-cases-2306137-sex-crimes Jonathan Kirrer of Costa Mesa is suing Father Denis Lyons over abuse in mid-1990s. Prosecutors also are investigating. Molestation claims by Jonathan Kirrer of Fountain Valley – who went public Tuesday accusing former priest Denis Lyons of abuse – appear to meet state requirements for timely filing of certain criminal sex-abuse cases. Kirrer, now 24, says Lyons sexually abused him four times in 1994 and 1995 – when he attended second and third grade at St. John the Baptist Catholic School in Costa Mesa. He has filed a lawsuit, which is scheduled for trial on May 18. Prosecutors are weighing whether or not to file criminal charges against Lyons. Orange County Assistant District Attorney Rosanne Froeberg could not comment Wednesday specifically on the Kirrer case – given that it is under investigation – but did explain state law on sex crimes. Since the allegations date back to 1994, prosecutors would have to rely upon California Penal Code 803(f)(1), which, under certain circumstances, extends the statute of limitations for filing such cases back to Jan. 1, 1988, according to Froeberg. Current limitations on timely filing of sex cases are based on the 2003 U.S. Supreme Court decision in Stogner vs. California, Froeberg explained. Before that court ruling, prosecutors could file charges on much older cases. It appears that other statutes on sex crimes might not apply, including California Penal Code section 801.1.(a), which went into effect in 2006. That law states that if a victim of specified sex crimes is still under the age of 28 and was victimized when he or she was under the age of 18, prosecutors can file up to the victim's 28th birthday. But that law only applies to violations that occurred from January 1996 forward, Froeberg said. The Stogner decision led in 2003 to the dismissal of several criminal molestation cases against Catholic priests in Orange County including a case against Lyons. Regarding Kirrer, prosecutors will make a decision on whether to file charges within the next 30 days, Froeberg said. If they do decide to file charges, prosecutors can introduce evidence of older alleged crimes to help convince a jury of an accused molester's guilt. Susan Kang Schroeder, a spokeswoman for the office, said members of the public who have suffered abuse are encouraged to contact law enforcement regardless of when the incident happened. While prosecutors may not be able to file on their specific cases because of statute of limitation issues, these reports "strengthen prosecutions of later crimes,'" she said. Contact the writer: 714-834-3773 or rsrisavasdi@ocregister.com
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