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  Church Overturns Conviction of Episcopal Bishop

By Torsten Ove
Pittsburgh Post-Gazette
August 6, 2010

http://www.post-gazette.com/pg/10218/1078028-454.stm

[decision of the review court]

Charles Bennison said he will return as head of Philadelphia's Episcopal Diocese of Pennsylvania following a church court ruling Wednesday overturning his conviction on charges of covering up a sexual relationship between his brother, also a priest, and a 14-year-old girl.

The relationship took place more than 30 years ago in the bishop's parish in California.

An Episcopal court of appeals ruled that while Bishop Bennison "committed conduct unbecoming a member of the clergy" it had no choice but to overturn the conviction because the statute of limitations had run out. The court also reversed a second, related count on similar grounds.

Bishop Bennison said Thursday that he was relieved by the court's decision and plans to be back in his office Aug. 16.

"I've always grieved what happened back in 1975, '76," he said. "That family was as close to me as any family in any parish in which I have ever served ... I'm sorry. I've always said that."

Bishop Bennison, 66, who leads a five-county area around Philadelphia, was tried before a church court in June 2008 and later charged. He argued that he didn't know about the sexual relationship, but the lower court determined otherwise and he appealed.

The Survivors Network of those Abused by Priests, which previously praised the decision to remove Bishop Bennison, denounced church leaders for the latest decision.

"This is just what shrewd and corrupt church officials do -- relentlessly fighting, exploiting every possible legal maneuver, to cling to their precious power, even when their wrongdoing has been so clearly proven," outreach director Barbara Dorris said in a statement. "This is yet more proof that internal church processes are highly flawed and that it's best to report child sex crimes and cover-ups through the criminal and civil justice systems."

The case focused on what Bishop Bennison knew or didn't know 35 years ago, when he was rector of St. Mark's Episcopal Church in Upland, Calif. The Court for the Trial of a Bishop, which tried him two years ago, found that he failed to respond properly after learning that his brother, John, then a newly ordained deacon and youth minister, was having sex with a 14-year-old. The relationship lasted for three years in the mid-1970s.

The court found that Bishop Bennison stayed silent about his brother's conduct until 2006, when he publicly disclosed what he knew. He was barred from ministry in October 2007.

Among arguments raised on his client's behalf, Bishop Bennison's lawyer said the exception to the church canon's statute of limitations for offenses involving sexual abuse of a minor should not apply because the bishop did not commit the sexual abuse himself.

A lawyer for the church argued that the statute doesn't pertain only to perpetrators of abuse but to those who facilitate it, and so should apply to the bishop.

The Episcopal Court of Appeals sided with the bishop's position.

"Our hearts ache for those victimized by both Bennison brothers -- one who committed child sex crimes, the other who concealed child sex crimes," Ms. Darr said. "This must feel like a terrible blow to those brave victims."

Bishop Bennison said the girl's late father, with whom he was close, long ago forgave him.

Torsten Ove: tove@post-gazette.com or 412-263-2620.

 
 

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