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	Suspended Priest Fails to Get Sex Charges Dropped By Jim Walsh The Arizona Republic May 24, 2006 http://www.azcentral.com/news/articles/0524fushek-ON.html A justice of the peace refused Wednesday to drop seven misdemeanor sex charges against a suspended Roman Catholic priest, but agreed to allow him a jury trial on one of the counts, an indecent exposure charge. The rulings by Judge Sam Goodman mean Monsignor Dale Fushek is likely to stand trial as scheduled on June 2 in San Tan Justice Court. It's unclear if the jury trial on the one count would be held before or after Goodman hears the other charges. Jury trials occur, but they are rare in justice courts.his bench trial on the other charges Judge Sam Goodman ruled that prosecutors did not violate the one-year statute of limitations in filing the charges in November 2005, or violates Monsignor Dale Fushek's rights by filing charges stemming from 10 to 20-year-old incidents. Goodman also refused to replace himself on the case, denying a motion by defense attorneys Thomas Hoidal and Mark Candioto for a "lawyer judge." Although Goodman has extensive experience as a justice of the peace, he does not have a law degree, which is not a requirement for Arizona JPs. Fuskek, the former longtime pastor of St. Timothy's Catholic Church in Mesa, is the founder of the nationally known Life Teen program for Catholic youths. and was a top advisor to former Bishop Thomas O'Brien. The Phoenix Catholic Diocese placed him on administrative leave in December 2004 when he was accused in a civil suit of watching while another priest sexually abused a teenaged boy. He has not been charged criminally in that incident, but he faces five misdemeanor counts of contributing to the delinquency of a minor, one count of assault and one count of indecent exposure. Prosecutors dropped two assault charges and one indecent exposure charge that involved a male former church employee who filed a sexual harassment claim against Fushek in 1995. The Diocese paid $45,000 to settle the matter in 2002. Former Maricopa County Attorney Rick Romley testified in Goodman's court on Monday that criminal charges were not filed in 2002 because there was no evidence at that time of inappropriate touching. But Romley said his staff should have looked closer into information from the man's attorney that the sexual harassment victim "was not the first victim of Father Fushek's sexual deviancy." "Something can be missed," Romley said. "The materials were voluminous" when the diocese responded to subpoenas for all information about possible abuse by priests.
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