By Jim Walsh
The Arizona Republic
April 27, 2006
http://www.azcentral.com/arizonarepublic/mesa/articles/0427mr-fushek0427Z11.html
Defense attorneys are seeking details of the sex life of an openly gay man who is listed as a witness in the case against a suspended Mesa priest charged with sex crimes involving teenage boys.
Brian Jones, a former employee of St. Timothy's Catholic Church once pastored by Monsignor Dale Fushek, is a prosecution witness in the case.
During a March 29 deposition, Jones refused to answer when asked to list the number of his homosexual relationships. He also would not answer questions about his upbringing and past employment.
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| Dale Fushek was in court again Wednesday, his attorneys questioning a former St. Timothy's Catholic Church employee about the man's homosexuality. Fushek faces sex charges involving teenage boys. |
Fushek's attorneys filed a motion to compel Jones to answer the questions.
"The accused has the right to raise questions of credibility or bias," said Mark Candioto, one of Fushek's attorneys arguing at a Wednesday hearing.
He said that Jones' past sexual experiences could influence his perspective on whether Fushek's relationships with the boys was inappropriate.
But prosecutor Barbara Marshall said Jones is a witness, not a victim.
"I don't see how this is material," Marshall said. "The man was in his 20s when he witnessed these acts."
She said the information is not relevant.
Jones worked at St. Timothy's, where the charismatic Fushek founded the international Life Teen program for Catholic youths, from 1985 to 1989, according to court records. Jones also sang with the church band.
San Tan Justice of the Peace Sam Goodman said he would rule Friday on the legal issue, one of a series of preliminary court battles leading to Fushek's scheduled June 2 trial on five counts of contributing to the delinquency of a minor, two counts of indecent exposure and three counts of assault.
Goodman said he is concerned about giving Fushek's defense attorneys permission for "a fishing expedition" into Jones' sex life. He also scolded defense attorneys to complete depositions of witnesses.
"We're going to be going to trial probably without completing interviews," he said.
Goodman is scheduled to rule May 12 on several other issues, including a defense motion to drop all charges on grounds that the statute of limitations was violated by the 20-year delay between the alleged acts and the misdemeanor charges being filed in November.
Fushek once was a top adviser to former Bishop Thomas O'Brien. He was suspended from the Diocese of Phoenix after the allegations surfaced.
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