The indictment of the bishop, Robert W. Finn, and the Diocese of Kansas
City-St. Joseph by a county grand jury was announced on Friday. Each was
charged with one misdemeanor count involving a priest accused of taking
pornographic photographs of girls as recently as this year. They
pleaded not guilty.
The case caused an uproar among Catholics in Kansas City this year when
Bishop Finn acknowledged that he knew of the photographs last December
but did not turn them over to the police until May. During that time,
the priest, the Rev. Shawn Ratigan, is said to have continued to attend
church events with children, and took lewd photographs of another young
girl.
A decade ago the American bishops pledged to report suspected abusers to
law enforcement authorities — a policy also recommended last year by
the Vatican. Bishop Finn himself had made such a promise three years ago
as part of a $10 million legal settlement with abuse victims in Kansas
City.
Though the charge is only a misdemeanor, victims’ advocates immediately
hailed the indictment as a breakthrough, saying that until now American
bishops have avoided prosecution despite documents showing that in some
cases they were aware of abuse.
“This is huge for us,” said Michael Hunter, director of the Kansas City
chapter of the Survivors Network of those Abused by Priests, and a
victim of sexual abuse by a priest. “It’s something that I personally
have been waiting for years to see, some real accountability. We’re very
pleased with the prosecuting attorney here to have the guts to do it.”
The bishop signaled he would fight the charges with all his strength. He
said in a statement: “We will meet these announcements with a steady
resolve and a vigorous defense.”
The indictment announced on Friday by the Jackson County prosecutor,
Jean Peters Baker, had been under seal since Oct. 6 because the bishop
was out of the country. He returned on Thursday night.
In a news conference, Ms. Baker said the case was not religiously
motivated, but was about the obligation under state law to report child
abuse.
“This is about protecting children,” she said.
If convicted Bishop Finn would face a possible fine of up to $1,000 and a
jail sentence of up to a year. The diocese faces a possible fine of up
to $5,000.
Ms. Baker said that secrecy rules for grand jury proceedings prohibited
her from discussing whether other charges were considered, such as child
endangerment, a felony. But she said the fact that the bishop faces a
single misdemeanor count should not diminish the seriousness.
“To my knowledge a charge like this has not been leveled before,” she said.
It also may not mark the end of the legal troubles facing the diocese in
the case, which includes civil and criminal cases in federal court.
Last month Bishop Finn and Msgr. Robert Murphy testified before another
grand jury in neighboring Clay County. A spokesman for the prosecutor’s
office there declined to comment.
The priest accused of taking the lewd photos, Father Ratigan, was a
frequent presence in a Catholic elementary school next to his parish.
The principal there sent a letter to the diocese in May 2010 complaining
about Father Ratigan’s behavior with children. Then, last December, a
computer technician discovered the photos on the priest’s laptop and
turned the computer in to the diocese. A day later Father Ratigan tried
to kill himself. The diocese said that Monsignor Murphy described — but
did not share — a single photo of a young girl, nude from the waist
down, to a police officer who served on an independent sexual abuse
review board for the diocese. The officer said that based on the
description it might meet the definition of
child pornography, but he did not think it would, the diocese said.
Bishop Finn sent Father Ratigan to live in a convent and told him to
avoid contact with minors. But until May the priest attended children’s
parties, spent weekends in the homes of parish families, hosted an
Easter egg hunt and presided, with the bishop’s permission, at a girl’s
First Communion, according to interviews with parishioners and a civil
lawsuit filed by a victim’s family.
Parents in the school and parishioners — told only that Father Ratigan
had fallen sick from carbon monoxide poisoning — were stunned when he
was arrested in May after the diocese called the police. He was indicted
by a federal grand jury on charges of taking indecent photographs of
young girls.
The new indictment released on Friday said that Bishop Finn and the
diocese had reason to suspect that Father Ratigan might subject a child
to abuse.
It cited “previous knowledge of concerns regarding Father Ratigan and
children; the discovery of hundreds of photographs of children on Father
Ratigan’s laptop, including a child’s naked vagina, upskirt images and
images focused on the crotch; and violations of restrictions placed on
Father Ratigan.”
Bishop Finn said in his statement on Friday that he and the diocese had
given “complete cooperation” to law enforcement. He also pointed to
steps he had taken since the scandal first became public, including
commissioning a report to look into the case, and reinforcing procedures
for handling allegations of abuse.
That report found that the diocese did not follow its own procedures. It
also found that Bishop Finn was “too willing to trust” Father Ratigan.
The case has generated fury at the bishop, a staunch theological
conservative who was already a polarizing figure in his diocese. Since
the Ratigan case came to light, there have been widespread calls for him
to resign.
Contributing to the sense of betrayal is the fact that only three years
ago, Bishop Finn settled lawsuits with 47 plaintiffs in sexual abuse
cases for $10 million and agreed to a list of 19 preventive measures,
among them to immediately report anyone suspected of being a pedophile
to the law enforcement authorities.
France may be the only country where a bishop has been convicted for his
failure to supervise a priest accused of abuse, said Terrence
McKiernan, president of
BishopAccountability.org, a victims’ advocacy group that tracks abuse cases.
A grand jury in Philadelphia indicted a top official in the archdiocese
there, Msgr. William Lynn, for mishandling cases of abuse. The former
archbishop, Cardinal
Anthony Bevilacqua, was not indicted, but he has been called to testify.