2002 Letter Sent to Prosecutors on Priest Abuse

By Kody Leibowitz
WJAC
March 10, 2016

http://wjactv.com/news/local/diocese-investigation-2002-letter-sent-to-prosecutors-on-priest-abuse

It has been a week since the Grand Jury report shed light on decades of abuse at the Diocese of Altoona-Johnstown.

Now, 6 News Investigates is looking into a claim that former prosecutors knew of allegations against priests more than a decade ago.

Letter from 2002 sent to former prosecutors.

In September 2002, Altoona attorney Richard Serbin sent this letter to three prosecutors. He claimed rampant sexual molestation of children by priests in the Diocese of Altoona-Johnstown.

He named 10 priests in total in the letter, including a civil lawsuit he took against Father Francis Luddy. Nine of the clergymen are named in last week's Grand Jury report of sexual abuse by at least 50 priests and religious leaders at the Diocese.

His letter was sent out nearly 14 years ago. But Serbin says he never heard back from anyone. He sent the letter to three prosecutors. Two of the prosecutors at the time were assistant district attorneys in Centre County and Blair County.

The other was the Cambria County District Attorney David Tulowitzki. He's now a judge at the Cambria County Courthouse.

The Luddy case.

Serbin was the attorney who took on a civil case against Fr. Luddy. The civil lawsuit was brought to trial back in the 1990s and, during the trial, Luddy admitted to molesting a number of children.No criminal charges were ever filed against him.

"You asked that i provide you with additional details regarding information previously provided," reads Serbin's letter. "Current information regarding the priests identified below and other pedophilic priests should be secured directly from the diocese."

Serbin went on to describe victims of child sex abuse against the 10 priests. The priests he named: Father Joseph Bender, Father Dennis Coleman, Father Joseph Gaborek, Father Bernard Grattan, Father William Kovach, Father Robert Kelly, Father Leonard Inman, Monsignor Francis McCaa and Luddy.

The tenth name wasn't named in the Grand Jury report.

"it is my hope that this information will assist the district attorney's offices," wrote Serbin more than a decade ago.

Cambria County judge speaks.

6 News Investigates went to one of the those addressed in the letter. On Thursday we sat down with Tulowitzki in his office. He would not speak on camera but provided us with a statement.

"It's obvious that Mr. Serbin talked to me. I don't have direct recollection of that," said Tulowitzki.

"One part of this letter i take issue with is nothing was done [...] The statute of limitations had run out in all of the Cambria County cases from the information that had been given to me. Mr. Serbin sent me a list and i never heard from him. Not a phone call. No follow-up letter. Nothing.

"I did not respond back to him at the time because of statute of limitations. Once I determined that the statute of limitations ran out, these cases could not be prosecuted."

Serbin never heard back from any of the offices.

"There was nothing in my power as a private citizen or even as an attorney to do anything but to provide information I was aware of about child molestation to the proper authorities," said Serbin to 6 News Investigates.

Statement from Judge David Tulowitzki on 2002 letter about Diocese abuse cases:

"I think the letter itself fills in a lot of the details that I can't specifically remember. For instance, it's obvious that Mr. Serbin talked to me. I don't have direct recollection of that.

" Taking this presumption, our standard child abuse protocol, at the time this letter was written in 2002, including requesting names and ages of victims, where the alleged incidents occurred, the type of incident, whether there was a willing victim to testify, or whether parents would let their child testify. Basically what it does is outline issues 20-30 years ago from the date of the letter and some of the cases had records sealed.

"One part of this letter I take issue with is nothing was done. There are two key elements, I believe. Number one: even though the statute of limitations had been extended between the time of the alleged incidents, the first thing we looked at were the cases, the dates and if the cases were in Cambria County. Here, the statute of limitations had run out in all of the Cambria County cases from the information that had been given to me. Mr. Serbin sent me a list and I never heard from him. Not a phone call. No follow-up letter. Nothing.

"I did not respond back to him at the time because of statute of limitations. Once I determined that the statute of limitations ran out, these cases could not be prosecuted."