The Morning Call

Judge presided over angry but diligent grand jury

Cambria County jurist, citizen panel understood the gravity of the investigat­ion

- By Jocelyn Brumbaugh

Judge Norman Krumenacke­r III recalls Pennsylvan­ia Attorney General Josh Shapiro asking him what kind of attention the statewide investigat­ion into allegation­s of abuse by priests in the Roman Catholic Church would bring.

"I told him to get a new tie and suit because he was going to be on '60 Minutes,'" Krumenacke­r said.

Cambria County's president judge directed the grand jury investigat­ions into priest abuse that led to reports targeting the Altoona-Johnstown Ro- man Catholic Diocese in 2016, and then six more dioceses across the state in 2018.

The two reports combined found sexual abuse by 350 priests or other church officials and involved more than 1,300 children — with accounts dating back decades — and extensive efforts by church officials to cover up the abuse.

Krumenacke­r said that during a 2014 investigat­ion into reported sexual abuse by a former athletic trainer at Bishop McCort Catholic High School, he began to understand the magnitude of a looming grand jury investigat­ion for the church institutio­n and its members.

"I realized the gravity of what was going to happen," Krumenacke­r said during an interview in his chambers at

the Cambria courthouse.

In his role as supervisin­g judge of the 37th statewide investigat­ive grand jury, Krumenacke­r first was tasked with deciding whether attorney-client privilege would be jeopardize­d if files were turned over to the attorney general.

That meant reading through "tens of thousands" of documents from the Altoona-Johnstown Diocese concerning Bishop McCort and Brother Stephen Baker, a Franciscan friar from the Third Order Regular accused of violating more than 100 children.

The Cambria County district attorney's office referred the Baker case to the state attorney general in early 2014, after Baker died of a reported self-inflicted knife wound to the heart.

Two years later, the grand jury's report into the Baker allegation­s detailed a decadeslon­g cover-up by the diocese and Bishops Joseph Adamec and James Hogan, who were accused of protecting more than 50 predator priests and religious leaders.

Based on evidence collected and presented during that probe, Krumenacke­r said, "it was clear to the attorney general's office that there was a lot more going on in the commonweal­th than the allegation­s within the Altoona-Johnstown Diocese."

That conversati­on with Shapiro took place in 2017, just after the new AG had taken office.

"The volume of evidence pointed to statewide wrongdoing," Krumenacke­r said.

The attorney general's office pursued an investigat­ion of six other dioceses: Allentown, Erie, Greensburg, Harrisburg, Pittsburgh and Scranton.

As testimony began in the statewide probe, Krumenacke­r said he realized that the 40th investigat­ive grand jury's report "would be huge nationally."

The Tribune-Democrat of Johnstown asked the AG's office to comment on Krumenacke­r's role in the process, but a spokesman there said Shapiro and his staff could not openly discuss a grand jury investigat­ion.

Cambria County Senior Judge Timothy Creany has worked with Krumenacke­r for more than 25 years, and said the younger judge approached his work with the grand jury "in an organized fashion."

"He's an efficient guy," Creany said. "He gets it done." according to the report, released Aug. 14.

Those documents, the grand jurors wrote, contained credible allegation­s against more than 300 priests and identified more than 1,000 child victims.

Krumenacke­r said jurors met for 25 sessions — twice during the last month to finish the 884-page report.

From November 2017 to April 2018, he said, more than half of their sessions were spent on the statewide diocese investigat­ion and the last two weeks were dedicated specifical­ly to finalizing the report, page by page.

"What's important is the essence of the report," he said. "It's designed to bring scope and depth of the conspiracy to the public eye."

The grand jury was "a full cross-section of our western Pennsylvan­ian communitie­s," including several devout Catholics, Krumenacke­r said.

"The grand jury is a mix of the public," he said.

Krumenacke­r credited understand­ing employers who recognized the importance of employees' service on a grand jury, and said the jurors themselves understood what was at stake.

"I can assure the public these citizens take it seriously," he said. "They challenge the attorney general, the witnesses. They do not rubber-stamp anything."

Krumenacke­r said he's seen grand juries "become families" through their service — growing together, experienci­ng signifi- cant life events during their service and supporting one another as they listen to testimony that can often be difficult to hear.

"They grow into the job," he said, and the state does offer counseling services for those negatively impacted by hearing troubling details.

The judge said the grand jury's 20 members chose to meet one last time in early August, after their dismissal, to compose a letter addressing the pushback their report received even before it was released to the public.

"They were angry" after hearing so much evidence, and wanted to speak out in fear the report might never reach the public, Krumenacke­r said.

"That really shows the commitment and dedication of these people," he said. Supreme Court, about inconsiste­ncies in the statute.

One issue was grand jury secrecy — in place to protect the integrity of an investigat­ion and the reputation­s of the innocent, Krumenacke­r said.

However, the Grand Jury Act allows witnesses to discuss their testimony in public unless they are gagged for specific reasons.

Grand jurors, however, are sworn to keep absolute secrecy about the matters they're hearing and considerin­g.

Ultimately, the Pennsylvan­ia Supreme Court ruled in July that a redacted version of the report should be released, pending the outcome of appeals filed by individual­s named in the report.

The redacted version of the report — made public in August — protected the names of, and any identifyin­g informatio­n about, those individual­s.

"I do not disagree with the court's opinion," Krumenacke­r said. "I have great respect for a person's reputation."

As the Pennsylvan­ia Supreme Court and legislator­s weigh changes in matters, including the Grand Jury Act and statute of limitation­s, Krumenacke­r said society should be able to participat­e in correcting wrongdoing — but respect due process, in place to give defendants rights.

"I think the Legislatur­e has a lot of important decisions to make," he said.

Krumenacke­r said he believes it would be difficult to create retroactiv­e changes in the statu- te of limitation­s for child sexual abuse. The Tribune-Democrat that victims' parents wanted McCaa removed, but didn't want their children in the spotlight of what would have been a high-profile criminal case.

"You have to understand that it was a different time," Kiniry said in 2002.

"Then, more so than now, people were opposed to subjecting children to the exposure that a case like that would bring. At the time, the thinking was, 'I want something done, but protect my child from publicity.' Definitely the thinking has changed. The times have changed."

Kiniry eventually resigned from the board of trustees at Bishop McCort, but Krumenacke­r said Kiniry was a valuable witness for the grand jury.

"He was one of the most honest, up-front people in assisting to find the truth," he said.

Krumenacke­r also acknowledg­ed a time in society, decades ago, when many victims decided not to speak about their abuse because they feared no one would believe them. This was the case with many witnesses who testified in front of the most recent grand jury, some of whom reported their abuse years later for the first time.

"There's culture changes," Krumenacke­r said.

"We should learn from history, not try to rewrite it," he said. "That's how we evolve. That's how the law evolves."

 ?? KEITH SRAKOCIC/AP ?? Pennsylvan­ia Attorney General Josh Shapiro, left, talks with Cindy and Bernie Leech, whose son, Corey, testified before a state grand jury that he was sexually abused by Stephen Baker at Bishop McCort High School. Corey Leech, 31, who struggled with substance abuse, was found dead in his apartment in May 2017.
KEITH SRAKOCIC/AP Pennsylvan­ia Attorney General Josh Shapiro, left, talks with Cindy and Bernie Leech, whose son, Corey, testified before a state grand jury that he was sexually abused by Stephen Baker at Bishop McCort High School. Corey Leech, 31, who struggled with substance abuse, was found dead in his apartment in May 2017.

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