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	Probe: Diocese Failed to Follow Own Policies By Bill Draper Houston Chronicle September 1, 2011 http://www.chron.com/news/article/Probe-Diocese-failed-to-follow-own-policies-2151305.php KANSAS CITY, Mo. (AP) — The Roman Catholic Diocese of Kansas City-St. Joseph failed to follow its own policies and procedures when dealing with claims of sexual abuse by two priests, a Kansas City law firm has determined after a two-month investigation paid for by the diocese. The law firm of Graves Bartle Marcus & Garrett was hired to look into the diocese after the Rev. Shawn Ratigan was accused of producing and possessing child pornography and the Rev. Michael Tierney was accused of molesting young parishioners 40 years ago. The two-month investigation, during which the law firm spent 1,200 hours interviewing witnesses and combing through thousands of pages of documents and emails provided by the diocese, resulted in a 141-page report that found the diocese had not acted quickly enough when confronted with claims about the two priests. It recommended the diocese require any employee or volunteer who receives a report of current abuse involving a minor to immediately contact police or the state Division of Family Services. It also suggest the diocese appoint an ombudsman — which it has done — to receive reports of current or past sexual abuse of minors, and to take greater steps in offering victim support. "Graves' recommendations are comprehensive, thoughtful and detailed," Finn said in a news release. "We understand their importance and are focusing on them so we establish clear, strong and unequivocal procedures for all diocesan personnel and volunteers that ensure the safety of our children today and into the future." Others said the report doesn't go far enough, since it doesn't recommend that anyone be fired for allowing abuse of children to go unreported. David Clohessy, national director of the Survivors Network of those Abused by Priests, said the report "starts with a flawed premise that words on paper might somehow change church officials' behavior, and they won't." "At the risk of sounding flippant, this is like putting new hubcaps on a car with a cracked engine block," said Clohessy said. "The crux of the problem always has been and still is the church is a monarchy and the bishop is the king. He doesn't have to and won't honor any written policies because he doesn't have to." Complaints against Ratigan — who was ordained in 2004 at the age of 38 — began piling up in 2009 as parents became concerned that he was spending too much time with children and was taking too many photos of the youths while they played and participated in church events. A letter dated May 19, 2010, from St. Patrick School Principal Julie Hess told of how several people had complained that Ratigan was taking compromising pictures of children and allowed them to sit on his lap and reach into his pocket for candy. Vicar General Robert Murphy received the letter, spoke with Ratigan about setting boundaries with children, then gave a summary to Bishop Robert Finn. The matter didn't seem to gain much traction until a computer technician working on Ratigan's laptop found multiple images of girls under 12 years old, with the focus on their privates. Most were fully clothed, but one was nude, according to a probable cause statement that led to the priest's arrest in May 2011. The technician turned the computer over to the diocese, pointing out the images, and the church confronted Ratigan. The next day the priest missed 8:30 a.m. Mass and was found in his garage, his motorcycle running and a suicide not apologizing for the harm he caused to the church, the children and their families. The Graves report notes a church official described one of the photos on Ratigan's laptop computer to a police officer and church legal counsel, but was told it didn't amount to pornography. The matter was not referred to the diocese's Independent Review Board, which advises Finn in cases of child sex abuse claims. "Absent IRB guidance, Msgr. Murphy conducted a limited and improperly conceived investigation which focused on whether a specific image on Fr. Ratigan's laptop, which held hundreds of troubling images, met the definition of "child pornography," the researchers wrote. "Before he had viewed the images, Msgr. Murphy had solicited an opinion from an IRB member ... but merely described one photograph over the telephone in a neutral manner. Msgr. Murphy also shared the images with Diocesan counsel and received an opinion that a single disturbing image did not constitute child pornography." Finn sent Ratigan out of state for psychiatric evaluation, and when he returned to Missouri the priest was sent to the Sisters of St. Francis of the Holy Eucharist, where he would be away from children and say Mass for the sisters. After the church received reports that Ratigan had violated orders from the diocese that he stay away from children, Murphy contacted police and turned over copies of the photos from Ratigan's computer on May 12. Further investigation discovered more than a dozen nude photos of a 3- to 4-year-old girl on a CD in a one-hour photo envelope dated April 2004 and state child porn charges followed. He later was charged in federal court with 13 child porn-related charges. The diocese found claims against Tierney to be credible and removed him from his duties at Christ the King School in Kansas City.
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