Roman Catholic Diocese of Scranton Ecclesiastical Province ofPhiladelphia Archdiocese Diocese Allentown Altoona -Johnstown Erie I I I I I I Greensburg Harrisburg Philade iphia GI Pittsburgh Scranton I. General Overview of the Diocese of Scranton, Pennsylvania The Roman Catholic Diocese of Scranton is a suffragan see of the Archdiocese of Philadelphia, established on March 3, 1868. The seat of the Bishop is St. Peter's Cathedral in Scranton, Pennsylvania. Other cities in the Diocese include Wilkes -Bane, Williamsport, Hazleton, Carbondale and Pittston. There are an estimated 348,600 catholics served by the Diocese which is approximately 31.2% of the general population of the region. The Diocese is located in the northeastern portion of the Commonwealth and is comprised of the counties of Lackawanna, Luzerne, Bradford, Susquehanna, Wayne, Tioga, Sullivan, Wyoming, Lycoming, Pike, and Monroe. 251 II. History of Bishops of the Diocese of Scranton a) Bishop Jerome Hannan (8/17/1954 through 12/15/1965) b) Bishop J. Carroll McCormick (3/4/1966 through 2/15/1983) c) Bishop John O'Connor (5/6/1983 through 1/26/1984) d) Bishop James Timlin (4/24/1984 through July 7/25/2003) e) Bishop Joseph Martino (7/25/2003 through 6/2009) f) III. Bishop Joseph Bambera (04/26/2010 to Present) Additional Church Leadership within the Diocese of Scranton Relevant to the Grand Jury's Investigation In any Diocese, the chief executive of the Diocese is the bishop. It was not uncommon to observe evidence of other high ranking members of the Diocese involved in the handling of child sexual abuse complaints or internal investigations at the bishop's request. The Grand Jury observed that with respect to the Diocese of Scranton, most matters were personally handled by the bishop himself. As such, there is insufficient evidence to designate additional relevant leadership in this report. IV. Findings of the Grand Jury The Grand Jury uncovered evidence of sexual abuse of minors committed by dozens of priests in the Diocese of Scranton. This sexual abuse included grooming and fondling of genitals and/or intimate body parts, as well as penetration of the vagina, mouth, or anus. The evidence also showed that diocesan administrators, including the bishops, had knowledge of this conduct yet regularly placed the priests in ministry after the Diocese was on notice that a complaint of child sexual abuse had been made. This conduct enabled the offenders and endangered the welfare of children. 252 The evidence demonstrated that the Diocese had discussions with lawyers regarding the sexual conduct of priests with children and made settlements with the victims. These settlements contained confidentiality agreements forbidding victims from speaking out about their abuse under threat of some penalty, such as legal action to recover previously paid settlement monies. Finally, the Grand Jury received evidence that several Diocesan administrators, including the bishops, often dissuaded victims from reporting to police or, conducted their own deficient, biased investigation without reporting crimes against children to the proper authorities. Offenders Identified by the Grand Jury 1) Philip A. Altavilla 2) Girard F. Angelo 3) Mark G. Balczeniuk 4) 5) Joseph P. Bonner 6) Martin M. Boylan 7) Robert J. Braque 8) Francis T. Brennan 9) Joseph W. Bucolo 10) Gerald J. Burns 11) Robert N. Caparelli 12) Anthony P. Conmy 13) J. Peter Crynes 14) Raymond L. Deviney 253 REDACTED - ONGOING APPELLATE LITIGATION 15) 16) Donald J. Dorsey 17) 18) John M. Duggan 19) John J. Dzurko 20) James F. Farry 21) James F. Fedor 22) Ralph N. Ferraldo 23) Angelus Ferrara 24) Austin E. Flanagan 25) Joseph D. Flannery 26) Martin J. Fleming 27) Robert J. Gibson 28) Joseph G. Gilgallon 29) Joseph A. Griffin 30) Joseph T. Hammond 31) P. Lawrence Homer 32) Mark A. Honart 33) Joseph F. Houston 34) 35) 36) Francis G. Kulig 37) Albert M. Libertore, Jr. 254 REDACTED - ONGOING APPELLATE LITIGATION 38) John A. Madaj 39) 40) James M. McAuliffe 41) Neil McLaughlin 42) Joseph F. Meighan 43) Russell E. Motsay 44) James F. Nolan 45) W. Jeffrey Paulish 46) John A. Pender 47) Mark T. Rossetti 48) Edward J. Shoback 49) Thomas P. Shoback 50) Thomas D. Skotek 51) John J. Tamalis 52) Virgil B. Thetherow 53) Robert M. Timchak 54) Lawrence P. Weniger 55) Joseph B. Wilson Society of St. John 56) Christopher R. Clay 57) Eric S. Ensey 58) Carlos Urrutigoity 59) Benedict J. Van der Putten 255 REDACTED LITIGATION - ONGOING APPELLATE VI. Examples of Institutional Failure: Fathers Robert Caparelli, Joseph Hammond, and Thomas Skotek The Grand Jury notes the following examples of child sexual abuse perpetrated by priests within the Diocese of Scranton. These examples further highlight the wholesale institutional failure that endangered the welfare of children throughout the Pennsylvania Dioceses including the Diocese of Scranton. These examples are not meant to be exhaustive; rather, they provide a window into the conduct of past Pennsylvania Bishops and the crimes they permitted to occur on their watch. In the Diocese of Scranton, the acts of Robert Caparelli, Joseph Hammond, and Thomas Skotek, speak for themselves. 256 The Case of Father Robert N. Caparelli Known Assignments 06/1964 09/1964 09/1967 10/1968 09/1974 06/1981 09/1991 12/1994 09/1964 09/1967 10/1968 09/1974 06/1981 09/1991 Queen of Peace, Hawley St. Francis, Nanticoke Most Precious Blood, Hazleton St. Mary, Old Forge Mercy Center, Dallas St. Vincent, Milford Relieved of Duties Died in state prison On May 23, 1964, Robert N. Caparelli was ordained a Roman Catholic Priest within the Diocese of Scranton. Between September, 1967 and October, 1968, Caparelli served as an assistant pastor at the parish of Most Precious Blood in Hazelton. On August 14, 1968, less than four years after Caparellis' ministry began, a letter was sent to Bishop J. Carroll McCormick from a police officer in Hazleton. The officer reported to the Bishop that Caparelli was contributing to the delinquency of two altar boys. These boys were brothers and were 11 and 12 years old. The police officer stated that Caparelli was "demoralizing them in a manner that is not natural for any human that has all his proper faculties." The officer stated that the mother had made the complaint to him, but that he was reporting it to McCormick. He explained that the mother of the victims was afraid to tell the boys' father due to the possible "deadly nature" of the ensuing confrontation. The policeman closed his letter with an offer to meet with the Bishop or provide additional information, if needed. He noted that there were "other situations" as well. The officer commented that if the situations were not curbed, violence would take place. 257 August 14, 1966 Hazleton, Pa. Carroll McCormick, Bishop Diocese of Scranton Scranton,Pa. 18503 J. Your Excellency: May I introduce myself to you. Blood Church in Hazleton. I em a I am a police Member of the Most Precious officer in the city and very much interested in the well being of the Parishoners as well as the other. citizens in our locale. The reason I am writing this letter to you is in reference to an assistant in our parish, Reverend Robert Capparelli, It is a known fact that he has contributed -to the delinquency of 2 minor boys, ages 11 and 12, -- - by demoralizing them in a manner that is not natural for any human that has all his proper faculties. mother made them quit. They are 2 brothers that were altar boys and the The Father doestnt know about this incident and we are and must keep it a secret. The Mother is afraid to tell him fa^ fear The Nothar had the of repercussions that would be of a deadly nature. courage to come to me and tell me of the situation. She is .a Registered Nurse and knows that there is need fbr a Doctor in this case. We all have the greatest resppat for,Mbneignor Mark Mecca and think he is doing a fine job. We think the Monsignor should not be burdened with this situation and others that this assistant is responsible for. you about the other situations if you so desire. I would be willing to tell I think action should be taken to curb these situations before violence takes place. If further explanation is needed, I would be willing to meet with you at your convenience. Wishing you geoid health, I remain, Your Shepard, DS 07527 The Policeman's Letter to Bishop McCormick 258 Three days later, the head pastor of Most Precious Blood contacted McCormick. Father Mark Mecca had also reviewed the letter that the Bishop had received. Regarding it, he wrote to McCormick: I have to say that it expresses the voice of many of my parishioners. I referred this matter to you at Thanksgiving -tide of last year, when I told you that I would try to solve this problem, to relieve Your Excellency of at least one of the many problems. This problem is too big for me. It has grown into something that is unbelievable. In other words all that this gentleman writes is true... but there is so much that is missing, and all very, very serious. Mecca went on to note that at least one fellow priest, Monsignor Mus sari, simply did not wish to know the details. He noted that Monsignor James Timlin was aware of at least one area of concern due to his presence when Mecca broached the subject on a previous occasion. Mecca closed his letter noting, "Your Excellency has definitely noticed that I am under an incubus . . . all on account of some of these things." The Grand Jury noted that "incubus" is a Latin term for "a male demon obsessed with the sexual" and can be a "nightmare known for causing oppression or burden." 259 MOST PRECIOUS BLOOD CHURCH P01.1111,1 AN BEYBMIIT STREETS laxpi Aug. 17, 1968 Must keV: J. Carroll McCormick, D.D. 300 Wyoming Avenue Scranton, Pa. 18503 Dear Bishop McCormick: Concerning the letter which is enclosed, -.se was sent to you by the parishioner, I have to say that it expresses the voice of many parishioners. I referred -this matter to you at Thanksgiving -tide of last year, when I told you that I would try to solve this problem, to relieve Your Excellency of at least one of the many problems. This prob4lem is too big for me. It has grown into something that is unbelievable. In other words all that this gentleman writes is true.,. but there is so much that is missing, and all very, very serious. Msgr. Mussari and I were in to talk to you, of different problems I wanted to go over some of course. (This he does not know of) of the things with Your Excellency. One of the topics would be in the presence of Excellency I to your mentioned that which Msgr. Timlin. If there is need of my meeting with Your Excellency, or with any particular person with some facts to bring light on the subject, these persons can be supplied. In fact one of these is one of my lay -teachers. Your Excellency has definitely noticed that I am under an Incubus- all on account of some of these things. With best wishes always, and reaffirming my deepest devotion to my Beloved Bishop, "/ am Very sincerely you fn Christ, Mark A. Mecca DS 07526 Mecca Reports the "Incubus" On August 19, 1968, another concerned parishioner wrote to McCormick. While noting general concerns about Caparelli's demeanor, the parishioner stated: We tolerated all this but it is now a known fact in Hazelton that he is demoralizing young boys especially those that serve as altar boys. Many parents have withdrawn them and are being retained not to report him to the juvenile division of the Police Dept. We want to avert scandal. This is the consensus that we would overlook all the former complaints but this last one, may present a tragic situation. On September 2, 1968, McCormick wrote a secret note that the Grand Jury obtained from the confidential Diocesan archives. McCormick wrote that he had spoken with Caparelli who "admitted acting too freely with 2 altar boys." Contrary to the reports about him, Caparelli insisted that he did not do anything immoral. While Caparelli agreed that the Bishop had to take action against him, he begged to be assured that he would be able to continue working as a priest in the Diocese. 261 1.1.11,..,,,...~.. 14.4, 4;41.41.61401.0.4.1.14 ; Overrnr ,,,,,, 262 r-....r....sr..... .. .......... .......... Ill.- Hill-U1 nun" lur??l I-rh 1 1.. fr mu ?1 qu . 1 1flulu-Inn . . The Bishop?s Notes 263 Caparelli was subsequently sent to the Padua Retreat House. An internal Diocesan memorandum from October 1968 noted that based upon Caparelli's version of events, "the mother, a nurse, may have exaggerated." Any child sexual abuse was dismissed as "immaturity" and a change was suggested. McCormick ultimately assigned Caparelli to serve in the parish of St. Mary's in Old Forge in October, 1968. In 1981, Caparelli was appointed head pastor of St. Vincent's in Milford. In 1985, while Caparelli was still in active ministry as head pastor at St. Vincent's, then - Bishop James Timlin dispatched a memorandum to all priests, religious and lay personnel of the Diocese of Scranton. The memorandum explained that the Pennsylvania Child Protective Services Act required reporting to civil authorities both "actual and suspected cases of child abuse." The memorandum explained that a report must be made to the head priest of a parish or the superior of a given diocesan institution. The Chancery noted that it stood ready to assist. In spite of this mandate, Timlin permitted Caparelli' s continued ministry and no report was made regarding his conduct. 264 MEMORANDUM Priests, Religious and Lay Personnel of the Diocese of Scranton TO All FROM: The Chancery RE: Child Protective Services Act DATE: July 23, 1985 The Pennsylvania Child Protective Services Act requires, under penalty, the reporting to civil authorities, actual and suspected cases of child abuse. To ensure compliance with these laws, His Excellency, Bishop Malin, has directed that the enclosed information be transmitted to all persons, parishes, agencies, schools and institutions within the Diocese. This information is submitted in order to update and expand the knowledge and skills which are necessary for effective ministry to and care for children. In institutions of the Diocese which have a familiarity with the Child Protective Services Act, the reporting of suspected cases of child abuse is to follow stated departmental or agency procedures. In situations where the provisions of the Child Protective Services Act have not been implemented, the reporting procedures as defined in the Act are to be followed by the person in charge. In cases of suspected child abuse discovered by a priest the reporting of such The suspected incidents is the responsibility of the pastor of the parish. of Chancery is available to assist in offering direction relative to the reporting a priest such incidents discovered by a parish priest. In cases discoveredbebymade to the in an institution or high school within the Diocese, a report must superior or principal of that facility. is made In situations where: an accusation of child abuse, as defined by the Act, to be are procedures following the of the Diocese or agency any person against followed: Where established guidelines concerning such institutions are in place the procedures so established are to be followed. Where guidelines have not been established, the person with pertinent information in implementing the must consult with their immediate superior for direction If this information is received provisions of the Child Protective Services Act. by a priest, consultation must be made with the Chancery Office for direction in implementing the provisions of the Act. to be referred Any questions relative to the Child Protective Services Act are to the appropriate head of the agency, school or institution, or to the Chancery Office. DS 07456 The Mandated Reporter Memorandum 265 Within Caparelli' s personnel file, the Grand Jury found a letter from John M. Quinn, Esquire. The letter, dated September 3, 1991 and marked received September 6, 1991, appeared to have been shared with the Diocese of Scranton through Bishop Donald Trautman of the Diocese of Erie. The letter suggested a way to reorganize any diocese to minimize recovery by victims of child sexual abuse in the event that "a large judgement is rendered against the Bishop and the Diocese in a pedophile case." The Grand Jury noted that at that time scores of predatory priests were still in active ministry in the dioceses of Pennsylvania, and one of them was Caparelli. However, before the end of 1991, Caparelli was criminally charged for the sexual abuse of a child. 266 QUINN-GENT.BUSECK&LEEMBUISINC. Law Attorney* At .777? West Grandview Boulevard, John M. Quinn, September Erie, PA 16506-4508 Phone: 814/833-77n FAX: 814/8.13-6753 Sr. 3, RFCMVED 1991 SEP George S. Forde, Jr., Esquire Stradley Ronon Stevens & Young 2600 One Commerce Square Philadelphia, Pa. RE: 19103-7098 6 1991 ; a Y, VUkDE S. G. s. Meeting Agenda matter - Diocesan Attorneys Dear Mr. Forde: z have been in extended attorney for the Erie Diocese, Reverend Donald W. Most discussions with our new Bishop might be taken to insulate Trautman regarding steps which a large judgment is diocesan assets in the event that Diocese in a Pedophile the rendered against the Bishop and insurance companies As Y am sure you are aware, all case. arising out of such liabilities for coverage have withdrawn As events. that two steps be recommended to Bishop Trautman be created corporations (1) that a number of diocesan management, the for responsibility have which would as its real estate, its various diocesan assets such activities and its Endowed Funds, its normal operational would be the Ordinary The social concern corporations. would retain he and Sole Member of each of the corporations Canon law to -wit by mandated the five responsibilities by-laws, appointment and creation of the corporation and its over the extraordinary control termination of trustees, particularly in the corporation the by assets of disposition the by-laws and amend to power sole the real estate field, The trustees corporation. the sole power to terminate the having no persons lay possible, extent would be, to the in expertise actual having but connection with the Diocese recommending are We (2) the matters of each corporation. Trust be filed for each that a Declaration of Charitable execute a Declaration of parish by which the ordinary would naming the Roman trustee, as himself Trust appointing stating that the and Catholic Church as the sole beneficiary (which are mixed, and personal real, assets, parish out the carry to solely accurately identified) are held The Trust would contain a Trust. the of charitable purposes that its assets are not Spendthrift clause which would state process for non -trust susceptible to any kind of legal have taken: each of etc. of I DS 06788 George S. Forde, Jr., Esquire September 3, 1991 Page Two of the insulate the assets Hopefully this would purposes. parish from execution. diocesan with regard to the actually our conclusion that set forth is It above as are created things for which Corporations if they minutes and do the hold meetings, create court would not "pierce the corporate case. they are created, a judgment in a Pedophile it for the parishes, veil" to satisfy a plaintiff's Trust of filed with the is In the case of the Declaration document a if such parish exists, is our thought that County in which each Recorder of Deeds in the. even the parish assets against the this could well protect levy. of us have about the of the concern allour dioceses, that this I believe because on litigation Attorneys results of this type of item for the Diocesan is an appropriate agenda meeting. this letter, it might a chance to review in the After you have had would call me. I can be reached at afternoons the be helpful if you in or 814/452-7130 call after at please so mornings 9/11, till away 814/833-2222. I will be that date. Very truly yours, INC. QUINN, GENT, BUSECK & LEEMBUIs, By n M. Quinn, JMQS/jad cc: Donald W. Most Reverend Bishop Trautman DS 06789 Reorganization to Avoid Liability 268 Following the filing of criminal charges against Caparelli, Timlin issued a statement on behalf of the Diocese of Scranton. The statement announced the Diocese's full cooperation with law enforcement and its own thorough investigation. No comment regarding the Diocese's preexisting knowledge of Caparelli's criminal conduct was made. On December 17, 1991, Timlin personally took another complaint from a respected medical doctor and faithful catholic parishioner. The doctor disclosed that he had been a victim of Caparelli's when Caparelli had served at St. Mary's. He reported that he was 11 or 12 years old when Caparelli "sexually molested" him. The doctor reported that there were "other boys involved as well." 269 Second Draft 12/12/91 - Approved by Attorney James E. O'Brien, and Attorney Mark Chopko J A Statement of the Diocese of Scranton The Diocese of Scranton normally considers conduct on the pert of that, this most in However, due priests as an internal matter. its recognizes a the diocese diocesan priest, responsibility to explain its fact charges of child sexual unusual case, criminal abuse have been brought against the to its actions with regard to this matter. accord with the guidance In of the United States Catholic Conference, the Diocese of Scranton has approach, case, prompt, the The priest was St. Vincent's Church, Milford. course of he remains diocese offered its own at this its as then sent psychological evaluation and intensive treatment Maryland, where this In thorough investigation was conducted, which led to immediate suspension of the priest from his duties The raised and are attention of appropriate diocesan officials. to the multi -step a once allegations of priest sexual misconduct brought a implemented pastor for facility in times, in at a at all of time. full cooperation investigation and that of local the law enforcement officials. Any it are of viewed as incident of this nature or any other intense concern to the diocese. tragic. The pain deeply felt by, the victim, that results the victim's reports Even one similar incident to is from child sexual abuse family, the community and is the Church itself. DS 07696 270 # ti e tmea,vz."-&' . 12A--1.-.9-.:4-1111111111111-ceemArli-i&i, S44 41,ikly 0A.41 FGA-04 VA- 1 Ld.i..4.4.A.raten&JAL ffE + ----1111111.111111L4 -"IIMIIIIIPA _61-411.4-414-41.04V. W-a-Le-111-VO -1-& F.4.' &Giro: 44, 4.0.4 _kwAu leg& ..... 0,114eir 21466;111--NI& ar440.4e&eit... .4941 4144404ex-tenii:dasiOr asia. 440*.f.,-LY _10-_-tafaficatd._61-47,0 -.11441PAL- .11. Autaelp..... at-4e at- 62.404a1 . . 1 DS 07748 The Diocese's Public Statement and Another Complaint to the Bishop 271 On December 23, 1991, a civil lawsuit was initiated against the Diocese for Caparelli' s criminal conduct. The Diocese aggressively fought back for a period of years before ultimately settling the matter. Timlin specifically took actions to protect the secret archives of the Diocese from legal discovery during the course of the litigation. These actions were taken despite the fact that the plaintiff's complaints were clearly consistent with diocesan knowledge that Caparelli had, in fact, molested the child. The lawsuit alleged that the child had been molested from September, 1985 through June, 1986 in the rectory of Saint Vincent DePaul. Specifically, the lawsuit alleged that Caparelli forcibly sodomized the child. Catholic parishioners were not pleased at having been endangered and kept uninformed by the Bishops of Scranton. On January 9, 1992, one such parishioner, who attended St. Vincent's, wrote to Timlin stating: Your misleading and deceptive tactics by sending a representative to the parish only was a further effort to circumvent the truth and cover up what possibly could be a true situation. To deal with parishioners in this matter as if they have no intelligence is perhaps more of a shock then what is presently facing us. To be dealt with as fools by those we trusted speaks of nothing but further non concern by you and the Diocese of Scranton. The Parishioners "rights to know the truth" has been violated and a distrust of the church and its hierarchy prevails. Perhaps this is even a greater scandal than the immediate crisis facing St. Vincent's parishioners. 272 4440,vta Ahutm- le* Ftrmt. fitt. - N ; January , g*k. 1992 The Most Rev. Bishop James Timlin Bishop of Scranton 300 Wyoming Avenue Scranton, Pa. 18503 Dear Bishop Timlin: and events concerning the:Rev. Robert Caparelli, former. Pastor of St. Vincent Church, Dingman Hills Penna.., have promptedme to again write to you. Perhaps you may recall that in September of 1988,1 not only.had a telephone conversation with Father Richards (of -your office), but f011owed'that conversation with a two page letter concerning Father Caparelli's drastic change in behavior and thepossible need for professional help. You never so much as acknowledged the xeceipt of that letter that I took the time to draft oux of concern for this Perhaps you thought it was a "crank letter 'troubled man. from a disgruntledparishioner.. Had you investigated the matter in 1988; perhaps we, as, a parish family, would not be facing' what we are today in such great proportion. .'The recent allegations . . To haVe to see on TV, read the local headlines; or have some non-Catholic friends approach you about these alleged charges speaks poorly of the concern you have for both Father keeping us in the and the St. Vincent Parish Family dark" about any possible.problems. Your misleading and deceptive tactics by sending a. representative to .theparig.TilefillrInrir a further effort to circumvent the truth and.cover up what'possibly.could be.a To deal with the parishioners in this mannet'as. true situation. if they have no intelligence is perhaps more of a'shOck than what is presently facing us. To be dealt with as fools by those we trusted speaks of nothing but further non'concern by'you and the DioceSeTof Scranton. The parishioners "right to know the truth" -has been violated and a distrust of the church andits hierarchy. Perhaps this is even a greater.scandal than the prevails.. immediate crisis fathing St. Vincent's parishioners. am angered; not so much-for what may be true allegations. concerning Father.Caparelli, but at you as a leader of the Catholic. Church fot the -way in which-you:dealt.with the situation. I DS 06244 -2 - Much healing is needed in the parish in order to survive the destruction done, not only by these allegations, but by your total disregard for us as a caring, forgiving parish family. Very truly yours, Milford, Pa. 18337 DS 06245 The Parishioner's Letter 274 The letter bore a notation from Timlin, "Never got the first letter! Everything ok - now she understands." Another letter dated April 6, 1992 was found within the Diocesan records written by a retired captain of the Pennsylvania State Police. He stated that in 1974, a high school friend told him that Caparelli was touching the genitals of his son and others. In response, the captain met with the head pastor and Caparelli. Caparelli was confronted with the complaint that he was molesting children and he admitted that it was true. The captain informed the head pastor and Caparelli that no one wanted to press criminal charges but that Caparelli' s conduct had to change. The head pastor assured him that he would take care of it. Caparelli was transferred within the year. Diocesan records showed that Caparelli was assigned as a chaplain at the Mercy Center in Dallas in 1974. In 1981, he was transferred again to St. Vincent's as head pastor. On July 14, 1992, yet another complaint about Caparelli was received by Timlin. The letter advised that Caparelli had abused 10-, 11-, and 12 -year-old boys as far back as 1967 at Most Precious Blood parish. The writer indicated that he had knowledge of the abuse because he, his brother, and their friends were all victims. The letter stated: There must have been other reported incidents of abuse in Caparelli' s career. It is inconceivable to me that this man molested altar boys in 1967 and never transgressed until 1991 when he committed 32 counts of indecent exposure, indecent assault, and involuntary deviate sexual intercourse with children. 275 AI Bishop Timlin Diocese of'Sdranton 309 Wyoming Ave. Scranton, Pennsylvania 18503 14 July 1992 diwa. Az. 0t24lAs41.44ffl Dear Bishop Timlin: the recent conviction of. Reverend You was deeply disturbed to read ofa teenage boy in Milford, Pa. of Robert Caparelli for sexual abuse alreadythat-Ceparelli-.-aexually_ab_used__ should be aware, if you are not as far back as 1967 at Most Precious 12) and 11, 10, altar boys (ages and I and a I know this because my brother of these Blood Church in Hazleton. learning Upon immediately Msgr: with number of our friend* were victim*. met mothers parish other with heinous acts, my mother, together and, demanded that Caparelli be removed. Mark Mecca (then pastor of MPB)Caparelli denied the abuse. Luckily, for Naturally, both Msgr. Mecca and Upon the next incident of abuse give up. our sake, our mothers did not the meeting), Alta:other .removed us as altar. of The Church (which occurred within days Caparelli to the police. report to threatened Caparelli and that boys Such actions, assuring us pomition a persuaded my mother to avoidand in placed be would not.again would be sent for treatment yoUng boys. which afforded him access to incidents of abuse in CapSrelli's boys.in There must have been othertoreported me that this man molested altar It is inconceivable of counts la career. until 1991. when he committeddeviate 'sexual 196/ and never transgressed involuntary assault, and indecent exposure, indecent children. intercourse with and for who fell victim to this monster boy this My heart breaks for the boy hand the anguish I, unfortunately, know first must family the boy's family. his of anger, guilt and despair experienced and the feelings enddens me terrib;y:to know that, in my ease It to end feel toward their Church. to take siffiiiient, if any, action '"protect to (am in his), the Church failed chose insteadithe church it is or condemn such heinous behavior.wellrbeing.of:innocent children. the jeopardizing, aots its while by its own" faith in an-institution that difficult not 'to queation one's and condone. such sinfill behavior. of denial and resistance commit from your I expeot some response Please do not ignore' this letter.is ,incumbent upon you to inform the it of -this man's office.. Purthermore,'I believe bad been-fully.informed Church the that precious family their boyos Milford ago but continued to exposed problem, two and .a half decades child to this evil Man.. I . Si The Letter of a Victim 276 Over the years, many more victims came forward. Caparelli faced additional charges and ultimately pled guilty to offenses against children and received prison time. While in prison it was discovered that Caparelli had been HIV -positive for years. In December, 1994, Caparelli died while incarcerated. Timlin and the Diocese of Scranton never fully disclosed the decades of knowledge and inaction that left children in danger and in contact with Caparelli. Press accounts and some limited public statements provided a few details of the abuse while the Diocese largely relied upon excuses related to a claimed lack of understanding of the depth of Caparelli' s problem. The Grand Jury noted that even when no doubt could be left regarding Caparelli's guilt, the Diocese was determined to provide more aid to Caparelli than to his victims. A stunning example of this was found in a letter from Timlin to Caparelli' s sentencing judge in October 1993 following Caparelli's convictions for crimes against children. The letter carbon copied the President pro tempore of the Pennsylvania Senate, Senator Robert Mellow. In it, Timlin requested that Caparelli be released from prison to a Catholic treatment facility - like those that had so often authorized the return of Pennsylvania's predatory priests to active ministry Servants of the Paraclete in New Mexico. 277 - Saint Luke's Institute in Maryland and the October 15, 1993 The Honorable Harold A. Thomson Judges' Chambers Pike County Courthouse Milford, Pennsylvania 18337 Your Honor, El) It has come to my attention that the Reverend Robert Caparelli is coming up before you for sentencing in the next few days. I write now to assure you that I am willing to make arrangements for Father Caparelli to be transferred from Lycoming County Prison to a health care institution approved by you if, indeed, you think this would be feasible and advisable. St. Luke's Institute in Sultland. Maryland, near Washington, D.C., and an institution in New Mexico are two facilities that specialize in these kinds of cases. Such en arrangement would be a great financial savings for the State Government and it would mean that Father Caparelli would be able to continue his therapy. He would also be able to receive the medical care he very much needs, and he definitely would not be a threat to anyone while he is under the supervision of the authorities in the health care institution. I would be most grateful to you if you could see to consider this option. With every best wish, I your way clear am, Sincerely yours, Most Reverend James C. Timlin, D.D. Bishop of Scranton de: DS 06669 The Bishop's Letter to the Sentencing Judge 278 The Case of Father Joseph T. Hammond Known Assignments 06/1931 09/1932 09/1935 06/1936 09/1937 12/1938 06/1943 09/1943 04/1946 06/1947 06/1950 - 09/1932 - 09/1935 - 09/1936 - 09/1937 - 12/1938 - 09/1943 - 09/1943 - 04/1946 - 06/1947 - 06/1950 - 09/1970 St. Mary, Mt. Pocono St. Theresa, Wilkes -Bane Asst. Director of Charities, Diocese of Scranton St. Michael Industrial School, Tobyhanna Director Diocesan Rural Life Director of Catholic Hospitals, Diocese of Scranton St. Mary Convent Director of Catholic Charities Blessed Sacrament, Miners Mills St. Charles Borromeo, Sugar Notch St. Leo, Ashley Father Joseph T. Hammond was ordained on May 30, 1931. The Diocese of Scranton provided no records relevant to Hammond in its initial production of documents pursuant to a Grand Jury subpoena served on September 1, 2016. Through counsel, the Diocese explained that it did not have any records indicating that Hammond had engaged in any sexual misconduct with children. Hammond illustrates another type of case within the Dioceses of Pennsylvania: a case unknown to the modern Diocese of Scranton and an injustice only remembered by the victim. Today Joe is 72 years old. On June 21, 2016, he testified before the Grand Jury and explained that in 1961, he was a high school student. His high school was affiliated with St. Leo the Great within the Diocese of Scranton. Hammond was a priest at that parish. Hammond taught the boys to play cards and would invite them into the rectory. On one occasion, the boys were at the rectory playing cards and Joe went up to the room at Hammond' s invitation. Joe explained, I knocked on the door, knocked on the door and there was no one there. So I come back down and I said he's not there. They said, yeah, he's there, go up. So I went up there. I knocked on the door and he had opened the door. He was in the bed and he had himself covered. And he wanted me to come and sit on the edge of the bed with him. I'm thinking this is kind of odd. So I went over there and I sat on the edge of the bed. And he threw off the covers and he was naked and he was masturbating. 279 Joe was shocked. He explained his shock, stating, "He was right below God as far as I was concerned and I had a lot of respect for him." Joe testified that Hammond attempted to molest him: he tried to fondle me even though I had my clothes on. And then he says, I want you to take your pants off and get into bed with me. I said, no, I didn't think it was a good idea. So I says, I'll be right back. Joe rushed back to his friends and reported what had occurred. At first, his friends refused to believe him. In fact, an older boy struck him for speaking ill of Hammond. Joe then asked the boys to accompany him. They went upstairs and peered into Hammond's room where they observed Hammond masturbating. When Hammond saw the boys, he invited them into his room. The children ran away. Joe told the Grand Jury that he was panicked by what had happened. He called his girlfriend even though it was almost 3:00 A.M. His girlfriend ultimately became his wife and she also testified before the Grand Jury. She explained that her father would never let her speak with a boy at 3:00 A.M. but her father could tell that Joe was panicked and that something was very wrong. She advised Joe to get out of the rectory. Joe saw the keys to Hammond's large sedan and grabbed them and drove off in Hammond's car. He explained that he drove straight to the police station: I went to the police station in that little town I lived in, Ashley, Pennsylvania. I thought, well, this guy will be able to steer us the right way. The guy who was on duty that night, his name was Chief McGowen. He was also a member of that Saint Leo's Church and he was the guy who would take up the collections on Sunday. When I went there and told him what had happened, I said I stole his car. I said, I have it out in the parking lot. He says, I don't want to know anything about this. I want you to leave, get out of here. I don't want the car here. I says, I can't take the car. I said, I want you to arrest me because I don't have a driver's license. He says, well, I just want you to get out of here, get rid of the car. I don't care what you do 280 with it. So we went and I dropped my friends off at their homes. And I went to my home and woke up my parents and told them what happened. Joe's mother contacted the Diocese the next day. She wanted Bishop Jerome D. Hannan to be aware of Hammond's criminal conduct. The Diocesan leadership advised that they would look into the matter and take action. Joe specifically recalled that his mother received the assurances of the Chancery that the bishop had been informed and the matter would be addressed. The following day, members of the Diocese retrieved Hammond's sedan from the front yard of Joe's home. According to Diocesan records, no action was taken against Hammond and he continued in ministry until his death in 1985. A review of Hammond's Diocesan file revealed that there was no record of the complaint made by Joe's mother. Over the years, Joe made numerous efforts to find someone who cared about his experience. His wife testified that the experience completely changed Joe as a person. It made him angry and less trusting. In spite of Joe's anger at Hammond's conduct and the Diocese's inaction, Joe and his wife went on to have a happy life together. They grew their family and their children went on to have successful careers but Joe never forgot what Hammond tried to do and what the Diocese failed to do. That desire to see the matter pursued, even 55 years later, led Joe to contact the Pennsylvania Office of Attorney General in 2016. While Joe is now a Methodist, he did not leave the Catholic Church willingly. Joe explained the impact that Hammond had on his faith: He definitely did because I didn't want to be any part of that Catholic faith anymore, especially since we were trying to report what happened to his supervisor or boss like you would in a workplace. If someone does something bad, you report it to the boss and something happens. But this wasn't happening. When my parents got involved and the other parents got involved, I'm thinking now something is going 281 to happen. It was just totally ignored. I had lost my faith basically because I didn't believe in all that stuff I was growing up with. The Grand Jury was able to corroborate Joe's account through one of the boys who was with him that evening, as well as through the testimony of his wife. It should be noted that when the Grand Jury served a subpoena on the Ashley Police Department for records of the report, we were informed that no records existed. From a review of Hammond's assignments, the Grand Jury learned that he was assigned to St. Leo's in 1961. A careful examination of Hammond's Diocesan records revealed Hammond's request to be incardinated into the Diocese of Scranton in 1931; letters which documented his role in advising Bishop William Hafey in Governor's Day celebrations in 1944; a proclamation which granted Hammond the title and honor "Monsignor" in 1968; and the approval letters of various Bishops granting Hammond permission for various cruises and trips to the West Indies, the Holy Land, Mexico, New Orleans, the Mediterranean, Canada, and the Caribbean. Buried within these documents, investigators located a small newspaper clipping. It was from the September 7, 1970 edition of the Wilkes -Bane Record. The article was entitled "Forced to Retire, Msgr. Hammond Says" and stated: Msgr. Joseph T. Hammond, who will become pastor -emeritus of St. Leo's church, Ashley, this week, yesterday announced he did not retire as pastor of the church, but that he had been retired. He also stated he was in good health. 282 -Fr ,,c '' ,I' rda .. ...C..P.7.-' ' .........::..z.:?...),:v./..1...:.::.1......:%.,e,1..::s e " 1 .11!F..1 .. IN _. . V:'... - I. s__. '7:.....dr.g.p. : ' - '4.: } .. . .... -.. . ... -.... ........r. - . 1''t '.-1;-12 ... :: ?.,:.. - :....n.f. r? 7....-.. .L,..x.% :'".::.. ',..ti,Fe ii%.17/...C.:117" .....7:1_/'. L'':' ..4.p-....{. ').-A. ' e . ' ... . .1 -ii.-.Y. r....a.{.:e ..!:5;-'.:5...:4..'. 1... ::. -.., a ' : . .. - : ''' . . '- ' . . . ....' . . ..i. I. - : m....'- / -,..,.: :::::'.....§:pr> ' The Newspaper Clipping 283 "I. i .. '''' .... The Grand Jury found Joe's testimony to be credible and this case demonstrative of the lasting effect of child sexual abuse. Joe sought justice at 72 years of age and the Grand Jury was able to corroborate that testimony despite the passage of time. While Hammond may be dead, the impact of his actions live on. This is a sobering reminder that although over 500,000 records were admitted into evidence before the Grand Jury, there are still crimes that could only be discovered through the voices of the victims. 284 The Case of Father Thomas D. Skotek Known Assignments 07/1963 - 09/1963 09/1963 - 11/1967 11/1967 - 06/1969 06/1969 - 09/1972 09/1972 - 05/1977 05/1977 - 01/1980 01/1980 - 03/1985 03/1985 - 10/1986 12/13/1986 01/1987 - 06/1999 06/1999 - 04/2002 04/08/2002 06/14/2002 Patrick, Milford Peter and Paul, Plains Joseph, Wyoming Mary of the Mount, Mount, Pocono Hedwig, Kingston Lady of Mount Carmel, Lake Silkworth St. Casimir, Freeland St. Stanislaus, Hazleton Resigns from St. Stanislaus, Hazleton St. Aloysius, Wilkes -Bane St. Mary and Ascension, Mocanaqua Resigned from St. Mary and Ascension, Mocanaqua Removed from Active Ministry St. SS St. St. St. Father Thomas D. Skotek was ordained on June 8, 1963 in the Diocese of Scranton. Skotek sexually assaulted a minor female while serving as pastor of St. Casimir in Freeland between January, 1980 and March, 1985. The female became pregnant and Skotek aided the girl in obtaining an abortion. Diocesan records obtained by the Grand Jury showed that Bishop James C. Timlin was fully aware of the conduct by October, 1986. Timlin accepted Skotek's resignation from St. Stanislaus on October 9, 1986, and dispatched Skotek to St. Luke's Institute in Suitland, Maryland for an evaluation. In January, 1987, Skotek was reassigned to ministry at St. Aloysius, in Wilkes -Bane. 285 October 9. 1980 Reverend Thomas D. Skotek Saint Stenislaus' Rectory 652 Carson Street Hazleton, Pennsylvania 10201 Dear Father Skotek, It is with sadness and deep .regret that as Pastor of Saint StartitietzaPtch, Haziet,Oh, October 13, MS. undoretend 0,44 -110.4 WIII .Iefavo Sunday,: OCtOlker,124: uØflI. Maryland, _oh.the ocki.#04,;" 1 111.4,1h 4A4461tati. This liet-vo you cte: I too B,111 hi stop. W 0-1100tir Iv.M. day, tau Obit rear. pi .ftc U Ish., I Mass on toStItute. *42 .to realize how upset necessary to pa--us.ehd Who is all Will -be -airiiitrid that tibia to to do wh ke L iir stay t Siiirit Luke's. .d . resignation 80cept C - I am moat willing am, Sincerely yours In Christ, Most Reverend James C. Timlin, D.D. Bishop of Scranton DS 34437 Timlin Accepts Skotek's Resignation from the Parish 286 On January 20, 1989, Timlin sent a letter to Rome and reported that: a priest in the diocese has been rendered irregular as a result of having assisted in the procurement of a completed abortion Although I cannot absolutely give assurance that this priest's criminal action will never become public, I do not foresee that such would likely be the case. This priest is currently residing in a parish quite far from the town where the crime was committed. He is awaiting a response to his request for a dispensation." . . . Timlin closed his letter with his "sincere hope" that he would receive a favorable response since such a response would be to the "spiritual benefit" of the priest involved as well as to the benefit of the "people of this diocese who heed the gifts he shares in priestly ministry." Timlin noted that he was convinced of Skotek's sincere repentance and permitted Skotek to continue in ministry. The Grand Jury noted that the focus of Timlin's letter seemed to exclusively address the procurement of the abortion with little concern that Skotek had impregnated a child. In 1988, Diocesan records indicated that the victim contacted the church and indicated that she was struggling with her faith. 287 Diocese of Scranton 300 Wynning AVCJLLIC Scranton, Pennsylvanta 3.8603 January 20, 1989 COPY His Eminence Luigi Cardinal Dadaglio Peniteziere Maggiore Penitenzieria Apoatolica Palazzo della Cancelleria 00186 Rome Your Eminence, It has come to my attention that a priest of this diocese been rendered irregular as a result of having assisted in the procurement of a completed abortion. Conscious as I am -of the the crime he admits to, I nevertheless judge him severity 'worthy of consideration for a dispensation from this irregularity. has f The priest in question undoubtedly He had impregnated the girl panic. abortion. acted out of fear and the Upon learning of this priest's action,. I removed him from tha parish where he had been ministering as pastor and sent him for psychological evaluation. The evaluation concluded that while this priest acted in a most irresponsible fashion, they did not; find evidence of any emotional or psychological dysfunctions indicating that he would actively seek any future sexual liaisons or again commit the crime for which he is guilty. Following upon the time spent in receiving psychological time at evaluation, the priest then spent an appropriate period assistance. a monastery seeking spiritual f am firmly, convinced of the priest's sincere repentance I and his ability to'successfully wage the struggle against any also do not believe, judging from I future sexual temptations. hie intense sorrow and sincere contrition, that he ever again would assist in the procurement of an abortion for anyone. Although I cannot absolutely give aesurance priest's criminal action will never become public, see that such would likely be the case. that I do this not fore- This priest la currently. residing An a parish quite far from the town where the crime was committed. He isAawaiting response to this request for a dispensation. DS 34382 Page Two January 20, 1989 Luigi Cardinal Dadaglio is my sincere hope that a favorable response to this believe that such a response will I will be forthcoming. be to the spiritual benefit of the priest involved, as well as to the benefit of the people of this diopese who need the gifts he It request shares in priestly ministry. Sincerely yours in Christ, Most Reverend James C. Timlin, D.D. Bishop of Scranton DS 34383 Timlin Reports to Rome 289 On December 13, 1989, the victim and her parents entered into an agreement with the Diocese and received a payment of $75,000. In exchange, the Diocese secured a confidentiality agreement and liability waiver for the Diocese and Skotek. The agreement prohibited the victim and her family from disclosing what had occurred, and released the Diocese from any responsibility, liability, or damages. The agreement stated, in part, It is expressly understood and agreed that this release and settlement is intended to cover and does cover not only known injuries, losses and damages, but any further injuries, losses and damages which arise from or are related to the occurrences arising from the alleged sexual conduct of Reverend Thomas Skotek. 290 FULL AND FINAL RELEASE KNOW ALL MEN BY THESE PRESENTS, for the sale consideration of the sum of SEVENTY-FIVE THOUSAND ($75.000.00) DOLLARS paid to the undersigned, receipt of which is hereby acknowledged, the undersigned hereby forever fully release and discharge Reverend Thomas Skotek, the Diocese of Scranton, and all other persons, partnerships, associations or. corporations whether or not namedherein, their heirs, executors, administrators, affiliates, successors, assigns and insurers, and their respective agents, servants and employees from any and all actions, causes of, action, claims and demands or suits of any kind in law or in equity on account of known and unknown injuries, losses and damages including claims for damages to reputation or psyche allegedly sustained by the undersigned and specifically from any claims or joinders for sole liability, contribution, indemnity or otherwise arising out of, relating to, or in way connected with a claim or claims by the undersigned of the alleged sexual conduct of Reverend Thomas Skotek which is alleged to have begun on or about September 1, 1980 and continuing to on or about September 1, 1984 but is in no way limited to this period of time. undersigned understand and agree that acceptance of- The the amount set forth herein is in full accord and satisfaction of a disputed claim and that no professional liability or DS 34391 personal fault on the part of Reverend Thomas Skotek or the DiOcese of Scranton is implied or admitted as a result of this cbmpromise settlement, and that all parties released herein shall not be estopped or Otherwise barred from asserting the lack of any such liability in any other proceeding or for any purpose whatsoever. TT IS EXPRESSLY UNDERSTOOD AND AGREED that this Release -and settlement is intended to -cover and does cover not only known injuries, losses and damages, injuries, losses and. . but any further damages which arise from or are related to the occurrences arising from the alleged sexual conduct of Reverend Thomas Skotek. IT IS FURTHER UNDERSTOOD AND AGREED that this is the Complete Release Agreement and that there are no written or oral understandings or.agreements'directly or indirectly connected with this Release and settlement that are not upon incorporated herein. This Agreement shall and inure to the parties hereto and the successors, assigns, heirs, executors,-administrators and legal representatives of the respective parties. This Agreement shall specifically include -the waiver and release of any olaims in subrogatiOn which the undersigned may now or'hereafter possess. IT IS FURTHER AGREED AND UNDERSTOOD that one of the undersigned, 11111.11111111.1110..was born on September 13, 1966 and having reached eighteen (18), the age:of majority on September 13, 1984, and having been fully advised of her DS 34392 rights under the circumstances, hereby agrees and consents to the terms of this Agreement. Additionally, we the undersigned, the parents of IOW. 111.11.111 a minor until September 13, 1984, having been advised of our tights and the rights of our daughter, do hereby agree and consent to the terms of this Agreement. IT IS FURTHER UNDERSTOOD AND AGREED and made a part hereof that neither the undersigned, nor any of their directors, officers, officials, employees, attorneys, agents, or other representatives will in any way communicate or divulge to any person whatsoever or publicize or cause to be publicized in any news or communications media, including but not limited to, newspapers, magazines, journals, radio or television, the facts, terms or conditions of this Release and settlement as well as the facts or conditions of these alleged claims. All parties to this Agreement expressly agree to decline comment on any aspect of this Release and settlement as well as the facts or conditions of these alleged claims to any member of the news media. This paragraph.is intended to become part of the consideration fOr the settlement of this claim. IT IS FURTHER UNDERSTOOD AND AGREED that the undersigned for themselves, their successors, assigns and representatives, parent, subsidiary and related organizations covenant and agree to indemnify and hold harmless Reverend Thomas Skotek and the Diocese of Scranton, and all other persons, partnerships, associations or DS 34393 293 corporations whether or not named herein, their heirs, executors, successors, assigns administrators, affiliates, and insurers, and their respective agents, servants and employees from any and all claims, demands, suits for damages, costs and expenses which they may hereafter expend in any olaimaor suits in any way arising from the alleged claims involved.in this matter. THE UNDERSIGNED HEREBY DECLARE that the terms of this settlement have been completely read, fully understood, and - voluntarily accepted for the purpose of -making a full and final compromise adjustment and settlement of any and all . claims on account of -the injuries and damages mentioned above,, and far the express Purpose of precluding forever any further or additional claims or suits arising out.of the aforesaid claims. IN WITNESS WHEREOF, EIMMI1111111101111111101and . 101111111111111111110 . intending to be legally bound,- have paused this Release to be duly executed this .,/,1 day of December, 1989. (SEAL) ,...-. ( (SEAL . - SEAL DS 34394 The Confidentiality Agreement 294 On January 6, 2002, the Boston Globe newspaper ran an article on child sexual abuse by clergy within the Archdiocese of Boston. Subsequently, on February 19, 2002, the Diocese was contacted by legal counsel for a 47 -year-old woman. It was reported that while attending Pocono Central Catholic High School, and working at the rectory at St. Mary's in Mount Pocono, she was sexually abused by Skotek. Skotek admitted to his conduct when confronted. On March 15, 2002, an issue arose with the victim whose family had settled with the Diocese in December, 1989. Recent hardships, and her original abusive trauma, had placed her in need. She contacted the Diocese and obtained $4,000.00 from Skotek. Timlin acted as the intermediary and noted, "This settles the matter - for now!" On June 14, 2002, Skotek was finally removed from active ministry approximately two decades after he impregnated a minor and procured an abortion. 295 iffsoupt4t4"Asi- 6-1;40114r facedLearAL .Sp___1444_11._,V446.44 Nis do se Aiest4cfir----.... Timlin's Note - "This settles the matter -for now!" 296 tssAst