By Judy L. Thomas, Mark Morris and Glenn E. Rice
Kansas City Star
October 14, 2011
http://www.kansascity.com/2011/10/14/3207527/bishop-finn-diocese-indicted.html
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| The Jackson County prosecutor's office announced a misdemeanor charges Friday afternoon against Bishop Robert Finn and the Catholic Diocese of Kansas City-St. Joseph. |
A Jackson County grand jury has indicted Bishop Robert Finn on a misdemeanor charge of failure to report child abuse.
The Catholic Diocese of Kansas City-St. Joseph also was charged with failure to report.
The charges, announced at a news conference today, make Finn — leader of the 134,000-member diocese — the highest-ranking Catholic official in the nation to face criminal prosecution in a child sexual abuse case.
“This is a significant charge,” said Jackson County Prosecutor Jean Peters Baker. “To my knowledge, a charge like this has not been leveled before.”
In a statement, the diocese said its counsel, Jean Paul Bradshaw and Tom Bath, entered a plea of not guilty for the diocese. According to Gerald Handley and J.R. Hobbs, counsel for Bishop Finn, the bishop also entered a plea of not guilty.
“Bishop Finn denies any criminal wrongdoing and has cooperated at all stages with law enforcement, the grand jury, the prosecutor’s office, and the Graves Commission,” said Gerald Handley, counsel for Bishop Finn. “We will continue our efforts to resolve this matter.”
(See complete statement.)
The Jackson County panel began meeting after federal authorities filed child pornography charges against the Rev. Shawn Ratigan this year. According to the findings of the diocese’s own recent investigation, church officials knew for five months about troubling photos of young girls on Ratigan’s computer and did not formally notify police or state child abuse authorities. Under Missouri law, clergy must report any suspected child abuse.
Finn testified before the Jackson County grand jury on Sept. 16. At least five top diocesan administrators or advisers were called to testify before the panel, with Finn being the highest church official to appear.
After testifying, Finn told The Kansas City Star that “we’re doing the best we can to cooperate with law enforcement.”
Among those testifying before the Jackson County panel was Monsignor Robert Murphy, vicar general, who came under fire for the way he handled the Ratigan case. Others who testified include diocesan spokeswoman Rebecca Summers and a Kansas City police captain whose opinion diocesan officials sought on a photo that Ratigan allegedly took. The captain also serves on the diocese’s review board.
Diocesan officials came under sharp criticism for failing to take immediate action when concerns were raised about Ratigan’s behavior.
In May 2010, the principal of a Catholic school complained to the diocese about what she described as Ratigan’s inappropriate actions around children. Other than counseling Ratigan to moderate his conduct, however, his church supervisors took little substantial action.
In December, diocesan officials found what prosecutors later alleged was child pornography on Ratigan’s computer. The diocese said it contacted a police officer and described “one of the more disturbing images” from Ratigan’s computer, asking whether it constituted child porn, and the officer said it did not. Police later confirmed that the officer was Capt. Richard Smith, but said that he was told only about one photo and was not made aware that other, more graphic images were stored on Ratigan’s computer.
The church relieved Ratigan of his duties as pastor of St. Patrick Catholic Church in the Northland and assigned him to live at an Independence mission house. While there, according to a federal indictment, he allegedly attempted to take pornographic photos of a 12-year-old girl.
Ratigan was charged in Clay County in May with three counts of possession of child pornography. Federal grand jurors later indicted him on 13 counts of production, attempted production and possession of child porn.
After Ratigan’s arrest, Finn publicly apologized for his handling of the case.
Last month, a diocese-commissioned investigation led by former U.S. Attorney Todd Graves found that diocesan leaders failed to follow their own policies and procedures in responding to reports of child sexual abuse.
The investigation found that “individuals in positions of authority reacted to events in ways that could have jeopardized the safety of children in diocesan parishes, schools and families.”
Graves said that the investigation “identified shortcomings, inaction and confusing procedures, but we believe Bishop Finn and the leadership of the diocese understand the gravity of the issues and take these recommendations seriously.”
The diocese released the findings in a 141-page report compiled by Graves’ law firm. Finn called the recommendations “comprehensive, thoughtful and detailed.”
“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,” the bishop said in a statement at the time.
A second grand jury — this one in Clay County — also has been hearing testimony in recent weeks that focuses on child sexual abuse issues. Finn and Murphy spent several hours testifying before that panel on Sept. 27.
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