By Rocco LaDuca
Observer-Dispatch (Utica, NY)
December 16, 2004

Utica, NY - An internal investigation by the Catholic Diocese of Syracuse found "insufficient evidence" to substantiate allegations that the Rev. James Quinn sexually abused a youth more than 30 years ago, the diocese announced Wednesday.

Whenever allegations of sexual abuse are brought against a member of the diocese, church law dictates certain procedures must be followed to investigate, diocesan spokeswoman Danielle Cummings said.

"Our obligation is to learn the truth to the best of our ability," Cummings said, "and at this point, after a lengthy investigation over a 19-month period, the diocese has found that there is insufficient evidence to substantiate these allegations."

In a $150 million lawsuit, Quinn is accused of repeatedly sexually abusing John Zumpano in the 1960s while he was a student at St. Agnes Church, where Quinn was an assistant pastor.

Zumpano's lawsuit was dismissed by the state Supreme Court, and that dismissal was upheld by the state Appellate Division last month. Now, Zumpano's attorney, Frank Policelli, will ask the Appellate Division for permission Monday to bring Zumpano's case to the Court of Appeals.

"They've been hiding behind the statute of limitations," Policelli said of Quinn and the diocese. "If they wanted to know the truth, then why don't they go before a judge and jury, and let them decide if he's guilty or innocent?"

In a prepared statement, Quinn said, "I am both pleased and satisfied with today's announcement of the diocese's finding the allegations against me to be unsubstantiated. The past 19 months have been most difficult for me, my family and friends. I am most grateful for their unconditional love, trust and support. I now look forward to moving on and living out my priestly ministry."

But because Quinn is a member of the diocese, the victim's attorney downplayed the finding, calling their announcement a "mockery."

"It's ridiculous," Policelli said. "It was nothing but a publicity stunt to sway public opinion, and it means absolutely nothing to the real world."

And while a June letter from the diocese invited Zumpano for counseling, Policelli - who refused the offer because Quinn was affiliated with the church - said the diocese never actually interviewed Zumpano.

An internal investigation, Policelli said, is no place to decide guilt or innocence.

"From day one, they never wanted to litigate this case on its merits," Policelli said. "If they wanted to publicize that Quinn is innocent, then they should let a jury find him innocent."

In November 2003, a state Supreme Court judge dismissed Zumpano's lawsuit, saying too many years had passed based on the statute of limitations. Policelli argued in his appeal that because Quinn's actions caused Zumpano - who was 13 at the time - to become mentally incompetent to the point that it prevented him from filing a lawsuit, Quinn and the diocese should not benefit from the statute of limitations.

Quinn also is facing another $150 million lawsuit in connection with the 1968 drowning of a 12-year-old boy at a church picnic that Quinn was supervising, but further action in that case depends on what happens with Zumpano's case, Policelli said.

The diocesan spokeswoman emphasized that its findings were separate from the lawsuit. But the investigation - conducted by a group of people with expertise in child abuse and investigations, Cummings said - did consider information related to the lawsuit, as well as interviews regarding the abuse allegations.