Judge throws out challenge by subjects of investigation

They are mentioned in church abuse case

A judge has denied an effort by an unspecified number of people to present their own witnesses and evidence before they get criticized in a forthcoming grand jury report on sexual abuse in six Roman Catholic dioceses, including Pittsburgh.

Those making the motion are not facing criminal charges but are criticized in the report, which tops 800 pages and remains under seal.

They argued that they have a constitutional right to protect their reputations by mounting a vigorous defense before the grand jury in an effort to get it to alter its report.

The order, signed and unsealed Tuesday by Cambria County Common Pleas Judge Norman A. Krumenacker III, the supervising judge of the 40th statewide grand jury, also opens a window into the secretive investigation of alleged sexual abuse, cover up and obstruction of justice in Catholic settings across Pennsylvania over seven decades.

Among the details revealed: The grand jury reviewed a halfmillion pages of diocesan

documents, heard dozens of witnesses, including one sitting bishop, received written statements by five other bishops, and scrutinized the actions of “local public officials and community leaders,” not just church leaders.

Judge Krumenacker’s order doesn’t identify the people who made the motion, nor does he indicate what they’re accused of. There’s no indication whether the effort was mounted by priests, bishops or someone else.

In denying their claim, he said they already have a way to defend their reputations.

That’s because under state law, anyone who isn’t indicted but who is criticized in a grand jury report gets a chance to read the criticisms before the report is released and to write a formal rebuttal.

Judge Krumenacker added in his 11-page opinion and order: “The commonwealth’s interest in protecting children from sexual predators and persons or institutions that enable them to continue their abuse is of the highest order.”

In a similar grand jury investigation of the Diocese of Altoona-Johnstown two years ago, numerous priests and others associated with the church were accused of sexual abuse or failing to protect children but were not criminally charged because of the passage of the statute of limitations. They had an opportunity to file written rebuttals.

Judge Krumenacker’s order lists a half-dozen defense attorneys as receiving copies of the order, but it doesn’t specify how many clients they represent. They have the right to appeal his ruling.

The defense lawyers argued that under the Pennsylvania Constitution, people have the inherent right to protect their reputations. They wanted the right to present evidence and witnesses and to cross-examine witnesses who had accused them before the grand jury.

But Judge Krumenacker said there’s no precedent for such a process and that it would hamper grand jury investigations.

In this case, the grand jury already has completed its term, and there’s no legal way for a judge to alter or redact its report based on new evidence, he said.

People’s right to due process is guaranteed, he added, because the attorney general’s office has to present evidence to the grand jury, which has to approve the report before it’s issued.

The grand jury met from July 2016 through April 2018 in Pittsburgh and was supervised by Judge Krumenacker. Witnesses and evidence were presented by the office of state Attorney General Josh Shapiro.

Dioceses under investigation were Pittsburgh, Greensburg, Erie, Harrisburg, Allentown and Scranton.

The panel “heard from dozens of witnesses, examined numerous exhibits and reviewed over half a million pages of internal diocesan documents from the archives of various dioceses,” Judge Krumenacker wrote.

Bishop Lawrence Persico of Erie accepted the opportunity to testify, he indicated. The current bishops of the other five dioceses submitted written responses.

He said the report “is the culmination of two years of investigation into the dioceses related to allegations of child sexual abuse, failure to make a mandatory report, acts endangering the welfare of children, and obstruction of justice by individuals associated with the Roman Catholic Church, local public officials and community leaders.”

The six dioceses are currently reviewing the report and will have the opportunity to file written rebuttals.

“The commonwealth’s interest in protecting children from sexual predators and persons or institutions that enable them to continue their abuse is of the highest order.” — Cambria County Common Pleas Judge Norman A. Krumenacker III