Amish Men Charged with Failing to Report Abuse Officials Say Bishops Knew of Alleged Molestation, by Amos Bridges, News-Leader, November 4, 2009

Amish Men Charged with Failing to Report Abuse
Officials Say Bishops Knew of Alleged Molestation

By Amos Bridges
News-Leader
November 4, 2009

http://www.news-leader.com/article/20091104/NEWS01/911040403/Amish-men-charged-with-failing-to-report-abuse

Webster County prosecutors have charged four Amish church leaders with failing to report a congregation member's alleged abuse of two young girls.

F. Schwartz

The four men, all bishops in Amish churches in the county, are charged with the class A misdemeanor of violating Missouri's mandated reporter law, which requires teachers, medical professionals and others to report potential abuse to the Missouri Department of Social Service's Children's Division.

Authorities say the men were aware for at least six months that Johnny Schwartz, a member of one of Webster County's six Amish churches, allegedly had been molesting two female relatives.

Johnny Schwartz, 36, was arrested and charged in early October with four counts of statutory sodomy and two counts of child molestation.

His wife, Fannie Schwartz, 47, has been charged with two counts of endangering the welfare of her children because she allegedly knew her husband was sexually molesting the girls, now ages 15 and 16.

The four bishops — Christian J. F. Schwartz, 41; Jacob P. Schwartz, 79; Emmanuel M. S. Eicher, 44; and Peter M. Eicher, 59 — also had known of the abuse for some time, according to court documents filed in the case.

Webster County Sheriff Roye Cole has said Johnny Schwartz "made a confession to the entire congregation" two years ago and was subsequently shunned by the church.

Earlier this year, the church shunned the man again after his wife alerted church leaders that he was continuing to have sexual relations with the girls, a probable cause statement says.

But the bishops, who allegedly discussed the case internally, did not notify authorities.

Privilege Question

Cole said it took some time for investigators to sort out who within the local Amish community was aware of the alleged abuse and when.

Cole said he believes some of the bishops may be related to Johnny Schwartz in some way, "but I'm not sure if it's an immediate relationship or not."

The legal aspects of the case also proved challenging.

"It was very difficult to determine what the right thing to do was for us," Cole said. But after consulting with the Missouri Attorney General's Office and considering "all the facts" available, "we do believe they broke the law."

Church leaders were cooperative, he said, and appeared genuinely unaware of the mandated reporter law.

At issue isn't whether they knew of the law, however, but whether their knowledge of the alleged abuse was protected by professional privilege.

Although ministers are listed specifically as mandated reporters, the law contains an exemption for ministers who learn of potential abuse during "a privileged communication made to him or her in his or her professional capacity."

Cole said that might allow a minister not to disclose abuse reported as part of a formal confession.

"The issue we're running into was did they have privileged communication, and we don't believe they do," Cole said, alleging the bishops most recently were alerted to the abuse by Fannie Schwartz. "His wife went to them, and we feel that third-party communication is not privileged communication."

Asked whether Johnny Schwartz's alleged confession in front of his congregation would count as "privileged," Cole said, "We don't know."

"The courts have to make that decision," he said. "And they can't make that decision if we don't put it in front of them."

Each of the four bishops could face up to a year in jail and/or a fine up to $1,000 if convicted of the crime. In the meantime, they remain free.

Cole said the men, charged with nonviolent misdemeanors, were not formally arrested and will instead be issued summonses to appear in court.

"When we make an arrest, it's not to punish somebody," he said. "He (Johnny Schwartz) is already in jail, so their behavior can't change anything that he does or doesn't do."