Da: No Criminal Probe in Bevilacqua’s Death

By John P. Martin
Philadelphia Inquirer
February 10, 2012

http://www.philly.com/philly/news/breaking/139094694.html

Montgomery County District Attorney Risa Vetri Ferman said today that she suggested the county coroner examine the body of Cardinal Anthony J. Bevilacqua last week because the timing of the 88-year-old prelate's death struck her as "peculiar."

Speaking to reporters in Norristown, Ferman acknowledged that she enlisted county coroner Walter I. Hofman because the cardinal died one day after a Philadelphia judge said he could be called to testify next month at the child sex abuse and endangerment trial of three current and former priests.

"The situation struck me as peculiar and odd," she said.

But Ferman tried to tamp down any speculation that Bevilacqua may have died of foul play. She said she had no information to suggest that.

"This death is not the subject of a criminal inquiry," Ferman said. "It is simply being examined by the coroner to determine what the cause of death is."

Her comments came a day after Hofman said prosecutors asked him to examine the body "to make sure there were no intervening events that could have speeded up" the cardinal's death.

Hoffman has deferred declaring a cause of death until he sees toxicology test results, probably later this month.

Ferman said she normally would not comment or acknowledge asking for such an examination because it would spark rumors and speculation. In this case, she said, "If I were to remain silent on what's going on right now I think I would actually generate speculation, which is not appropriate."

Autopsies and other examinations of the dead are standard in homicides or when the decedent is young, seemingly healthy, or dies in unexplained circumstances. Hofman estimated that his office is notified of about 60 percent of the deaths in Montgomery County each year.

Bevilacqua, who led the archdiocese for 15 years, died Jan. 31 at his residence at St. Charles Borromeo Seminary in Wynnewood, just outside the city limits.

According to church officials and lawyers, he had been in declining health for several years, diagnosed with dementia, cancer, and other ailments. He gradually withdrew from the public spotlight after his 2003 retirement as the leader of the region's 1.5 million Catholics.

Still, his shadow loomed, particularly after two Philadelphia grand juries accused him and other church leaders of failing to respond to or covering up sexual abuse of children by priests.

One of Bevilacqua's top aides, Msgr. William J. Lynn, faces trial next month on child-endangerment charges for allegedly recommending sexually abusive priests for assignments that gave them access to minors.

Bevilacqua was not charged in the case, but, as Lynn's boss, had become a central witness.

In November, Common Pleas Court Judge M. Teresa Sarmina declared the cardinal competent and let prosecutors from the Philadelphia District Attorney's Office question him during a closed hearing at the seminary. The assistant district attorneys cited Bevilacqua's frail health as one reason they wanted to preserve his testimony on videotape before the trial.

Acting on a request from defense attorneys, Sarmina last week reiterated her ruling that Bevilacqua was competent and could be called to the witness stand.

He died the next night.

A representative of the coroner's office came to the seminary the night the cardinal died, according to Donna Farrell, a spokeswoman for the archdiocese.

Bevilacqua's body was then transferred to Donohue Funeral Home in Upper Darby.

Hofman said he was asked the next morning by county prosecutors to conduct his examination. He arranged for Bevilacqua's body to be transported to the coroner's office in Norristown.

It had already been embalmed, but Hofman said embalming would not interfere with his exam. The body was returned to the funeral home later Tuesday.

The coroner also asked the archdiocese to turn over medical notes and any medicines Bevilacqua had ingested in the three weeks before his death, Farrell said.

"That was provided," she said.

A spokesman for Philadelphia District Attorney Seth Williams said the office had no role in requesting the examination.

"It is a Montgomery County matter, and our office would not have anything to do with it," said spokeswoman Tasha Jamerson.

Bevilacqua was entombed Tuesday in a crypt at the Cathedral Basilica of SS. Peter and Paul.