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	Four Amish Bishops Charged with Failing to Report Sexual Abuse By Mark Lile Marshfield Mail November 3, 2009 http://www.marshfieldmail.com/articles/2009/11/03/news/doc4af0615bb4875749282473.txt Charges were filed Tuesday morning against four officials from the Amish community for failure to report alleged sexual abuse by Johnny A. Schwartz, a member of the Amish community in southern Webster County. Charged with failing to report a sexual crime against a child under 17 years of age were Christian J.F. Schwartz, 40; Jacob P. Schwartz, 79; Emmanuel M.S. Eicher, 44; and Peter M. Eicher, 59. According to online court records, each was charged with one count of the Class A misdemeanor. Webster County Sheriff Roye Cole and Prosecuting Attorney Danette Padgett held a press conference Tuesday morning to announce the charges to the media, and to talk about the case that has evolved following allegations of sexual abuse by Johnny A. Schwartz and charges against his wife, Fannie J. Schwartz, for not reporting that Johnny A. Schwartz was sexually abusing two young female relatives. Johnny A. Schwartz was charged in mid-October with two counts of first-degree child molestation, two counts of first-degree statutory sodomy – deviate sexual intercourse with a person less than 14 years old and two counts of second-degree statutory sodomy. He remains in the Webster County Jail. Fannie Schwartz was charged a short time later with two charges of first-degree endangering the welfare of a child. One of the counts involves sexual conduct, a Class C felony, while the other is a Class D felony. She is currently free on bond, Cole reported. In probable cause statements distributed at Tuesday's press conference, an investigator with the Webster County Sheriff's Department reported that all four of the church officials facing new charges identified themselves as a bishop in the Amish community, and each admitted knowing about Johnny A. Schwartz reportedly having sexual relations with the two juvenile girls. Christian J.F. Schwartz identified himself as a bishop and priest. Furthermore, each probable cause statement alleges that church bishops in the Amish community met as a group about punishment for Johnny A. Schwartz. More than one of the documents makes reference to Johnny A. Schwartz being "shunned" by his fellow Amish. Cole, who met with about 60 members of the Amish community after charges were filed against Fannie Schwartz, said that he was not convinced all persons in the community would report allegations of child abuse or neglect if it occurred again, and that was why he and the prosecutor chose to proceed with the charges against the four bishops announced Tuesday. Padgett stressed that ministers, under state law, are mandated to report child abuse or neglect if they have probable cause to believe it is happening. The only exemption would be "privileged communication," such as a conversation taking place in a confessional. It will be up to the court to decide, she said, if the Amish bishops' knowledge would fall under that exemption, but, she added, she feels the four have been charged appropriately. "Religious convictions," said Padgett, "are no excuse for not obeying the law." Padgett also included copies of the state statutes regarding mandatory reporting of child abuse or neglect in the informational packets with the probable cause statements against the Amish bishops. The prosecutor added she hopes this case will spur action by anyone who is a mandated reporter – be they a day-care provider, teacher, physician, nurse or a minister, for example – to understand the law and to report probable instances of abuse and neglect. In addition to mandating reporting by several officials and professions, the state law also makes it clear that any can report probable child abuse or neglect. For the purposes of the law, abuse is defined as "any physical injury, sexual abuse or emotional abuse, injury or harm to a child." "It's all about these children," Padgett added. "It's all about protecting them." Cole reported that in his meeting with the Amish last month, they were "embarrassed and ashamed" following the allegations against Johnny A. Schwartz. But, at the same time, they tried to make arguments for dealing with fellow Amish within their church structure of discipline. Asked what "shunning" involved, Cole said he understood it to be a time with the one being shunned cannot have involvement with the rest of the Amish community, and the person's immediate family. The probable cause statements filed Tuesday made reference to Johnny A. Schwartz twice being shunned by the church. Cole said the Amish had inquired whether it would be permissible to take a child to a doctor and have him or her report the alleged abuse. But, the sheriff said, that if a mandated reporter such as a church official has knowledge that abuse has occurred or likely has occurred, the reporting by a third party outside the community simply isn't good enough under the law. While the charges filed against the bishops may make the Amish in Webster County more separated from their neighbors, Cole said that would be the opposite of what he and the prosecutor want to see happen. Cole said because the charges are misdemeanors, summons will be issued to the four men. If they do not make the required appearances in court, then arrest warrants would be issued. Preliminary court dates for the four bishops have been set for Nov. 16, at 9 a.m. in Associate Court. The range of punishment for the crime is one day to one year in the county jail, and a fine up to $1,000. Johnny A. and Fannie Schwartz have separate court dates set for Dec. 16. William Oris Worsham is the defense attorney of record for both Johnny A. and Fannie Schwartz. Contact: markl@marshfieldmail
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