Defense Rests without Testimony from Accused Somerset County Priest

By Paul Peirce
The Tribune-Review
September 19, 2015

http://triblive.com/news/somerset/9117041-74/maurizio-priest-abuse#axzz3mBPMYxdl

A federal jury in Johnstown will begin deliberations Monday in the case of a Somerset County priest accused of sexually assaulting boys in a Honduran orphanage without hearing testimony from the priest.

Attorneys for the Rev. Joseph D. Maurizio Jr., 70, of Windber abruptly rested their defense Friday afternoon without calling the former pastor of Our Lady Queen of Angels Church in Central City to the witness stand to testify on his behalf.

Maurizio is accused of traveling to Central America on mission trips for his self-run nonprofit, Humanitarian Interfaith Ministries, from 2004 to 2009 to have sex with orphaned boys.

Federal officials said Maurizio gave boys at the ProNino orphanage cash and candy in exchange for watching them shower, having sex or fondling them.

Maurizio is charged with four counts of engaging in illicit conduct in foreign places, one count of child pornography and three counts of transporting, transmitting or transferring funds into or out of the United States with the intent to promote unlawful activity.

He has pleaded not guilty to all counts.

Judge Kim Gibson excused jurors until Monday morning, when they will listen to closing arguments and begin deliberations.

Maurizio's attorney, Steven Passarello of Altoona, has asked Gibson to dismiss the eight criminal charges, saying there is a lack of evidence.

Passarello pointed to a government witness who recanted his allegations on the witness stand and a second who told an investigator for Maurizio that he made up the abuse allegation. He maintained prosecutors failed to specifically tie money raised by Maurizio's foundation to buying sexual favors from the Hondurans as alleged in the indictment.

Gibson has not ruled on Passarello's motion, telling attorneys he was taking it “under advisement” until the defense presented its case.

Passarello rested Maurizio's defense, calling only six witnesses, including three Friday.

Cambria County veterinarian Dr. Johanna Vena told jurors under questioning by Passarello that she was a parishioner at Our Lady Queen of Angels and accompanied the veteran priest on a mission trip to the orphanage in 2004. One of the alleged victims, now 21, testified for federal prosecutors that he had sex with the priest in the mission's chapel when he was 11.

However, Vena told jurors the mission chapel was not built by 2004.

“Did you ever see Father Joe act inappropriately with any of the boys?” Passarello asked.

“No. Never,” Vena replied.

Passarello asked Vena about the weather in Honduras and whether it was unusual for boys to remove their shirts. Prosecutors have shown jurors many photographs that Maurizio took on his trips showing boys shirtless.

“It's very hot and humid ... like a jungle. It was not unusual at all to see them without shirts,” she said. “We even struggled to keep shoes on the boys.”

Vena testified that there were so many “kids, counselors and volunteers” inside the gated orphanage that there was no privacy. Some of the prosecution's Honduran witnesses and alleged victims testified that they saw Maurizio having sex outdoors with boys.

“There was no privacy,” she said.

Jurors heard from Allentown forensic psychologist Frank M. Dattilio, who was called as a expert on interviewing sexual assault victims.

Under questioning from co-defense counsel Daniel Kiss, Dattilio testified that he reviewed transcripts of interviews that Department of Homeland Security agents conducted and said questions appeared to be “suggestive” to victims that sexual abuse had occurred.

Dattilio said he believes “non-judgmental or unbiased interviews give the most reliable results. We want to avoid biased questions.

“I have the utmost amount of respect for children and youth social workers, detectives and child advocates ... but occasionally, they see (sexual abuse) where it doesn't exist ... and it can influence how they ask questions,” he said.

Under cross-examination by Justice Department Attorney Amy Larson, Dattilio admitted that authorities framing questions to get a particular result “is very rare.”

Larson asked Dattilio about his experience with sexual abuse victims who delay reporting it for years fearing retribution within their communities or families.

“What if the perpetrator is beloved in the community and is a large source of financial support within the community ... may that impact a victim reporting abuse?” she asked.

“Absolutely. It's not uncommon for victims to delay reporting, fearing retribution,” Dattalio said.

Maurizio's niece, Christine Shaulis of Windber, briefly testified that her uncle has been a priest for 28 years. She told jurors he was honorably discharged, serving in the Navy on two tours in Vietnam.

Maurizio, dressed in a business suit and tie, has taken notes and whispered to his attorneys during witness testimony. Occasionally, he has nodded in the direction of a handful of relatives, friends and supporters in the courtroom during the past seven days.

Maurizio has been held in the Cambria County Jail since his Sept. 25 arrest.

Paul Peirce is a staff writer for Trib Total Media. He can be reached at 724-850-2860 or ppeirce@tribweb.com.