A Difficult Time – Part II

Wednesday March 16, 2005

“There is a time for being silent. And there is a time for speaking out. It is a difficult balance. If we are not aware of how painful it is, we have not even begun the journey of the Spirit.” [George B. Wilson, SJ]

After a great deal of reflection on the events of the past four weeks, I have decided that, in the interests of truth and integrity, the principle of total disclosure be honored through the disclosure of information leading up to the resignation of my successor at St. Joseph Parish and subsequent decisions pertaining to the appointment of his successor.

I make this disclosure with some reluctance and would not have done so except for the fact that with the passage of time, the facts have become blurred and false assumptions have arisen to the detriment of everyone, not the least of which are the parishioners of St. Joseph.

Let it be stated at the outset that, despite opinions to the contrary at the diocesan level, St. Joseph Parish is not the problem. St. Joseph Parish has never been the problem. On the contrary, the parishioners of St. Joseph have been among the most loyal Catholics I have ever met. They are far more traditional than I. They have been generous beyond measure and as a community, have exercised their Christian responsibilities in the market place and at the voting polls with integrity even if at times contrary to what I myself may have expected or desired. In other words, they are independent thinkers but Catholic to the core. They are traditional but they are not traditionalists.

No, the parishioners of St. Joseph were not the problem thirty years ago and they are not the problem today.

I make one more disclaimer as I embark on this disclosure. I am writing from my perspective only and do not pretend to reflect the thinking of any parishioner, past or present, with regard to the interpretation of facts. Moreover, I make no pretense at virtue. I, as you, have not always lived up to the ideals of our faith and confess to numerous mistakes in my life as a priest of soon to be forty-three years and as a pastor of twenty-four of those years. This is not a plea for mercy but an honest recognition that I hold myself responsible and accountable for my own sins and shortcomings.

That having been stated, I will now disclose the sequence of events, save any information that is already public, without breaking any confidence that might injure the reputation of anyone involved.

In as much as I had anticipated that diocesan officials would have conducted an investigation during this unfortunate sequence of events but not having done so, I believe it would be irresponsible for me to remain silent.

Over the past twenty years in dealing with the disclosure of sexual abuse by clergy I have found myself a reluctant investigator. As a canonist, I am obliged to pursue justice in the adjudication of facts. In essence, justice demands that the guilty be proved guilty and the innocent declared innocent. Justice also demands full recognition of the rights of victims, that they be heard with impartiality, that their wounds be addressed. In as much as this necessarily involves the pursuit of truth, I have remained steadfast in my commitment to this mantra: “There can be no forgiveness or healing without justice; no justice without the disclosure of truth; no disclosure of truth without full accountability.”

As an investigator, I have adopted the style of the TV personality, ‘Colombo.’ He has an uncanny ability to uncover truth in an evenhanded manner, without rancor or disrespect for the guilty or for the innocent.

On Thursday, February 10th at approximately 7:00 AM, I entered my customary daily spiritual message on my website. In as much as I was scheduled to conduct a day of recollection for a community of retired sisters, I checked my email for current messages somewhat perfunctorily.

The first message was from a sender whose name I did not recognize. However, I assumed the sender knew my identity as the retired pastor of St. Joseph. I also assumed that the origin of the message was local, i.e., within a close radius of St. Joseph Parish. Ironically, I do not ordinarily open email messages whose address I do not recognize. However, because the sender of this message was similar to a recognizable address, I opened it.

The message that I assumed was directed only to me included information about my successor that was quite disturbing. Let me state simply that he was accused of behavior inappropriate for a retired military chaplain, priest and pastor. The sender asked if I was concerned and interested in further contents and information.

With much concern but with some hesitation, I responded to the sender with an expression of deep concern. I did so without even a thought that further information including photos would disclose anything incriminating to my successor. I assumed that the sender was, quite frankly, a ‘wacko.’ In essence, I informed the sender that I was not interested in any photos but that, in the light of the unfortunate history of abuse by one of my predecessors at St. Joseph, I was indeed concerned and ended with the question, “Should I be concerned?”

With that, I headed up to St. Joseph Home in Ringwood to conduct the day of recollection.

On my return to my apartment at approximately 4:00 PM, I checked my email and opened a second message from the same sender. The message was not a response to my reply but inquired to whom he should send certain photos and named CNN, Time, and newspapers. The sender inquired further about my interest and what I would “offer” for the disclosure.

I decided not to respond. It is neither wise nor prudent for this retired person to act precipitously after 4:00 PM. In as much as my mind is clearer in the morning, I decided to postpone my response until the following day, Friday, February 11.

Prior to my e-mail check the next morning (Friday, February 11), I received a phone call from my successor telling me that he had received a strange e-mail. As he described the contents, I realized he probably received the same email as I had received. I did not acknowledge the fact that I had received two messages until he named the sender and the fact that he also received a copy of my response to the initial message.

He was obviously upset and I attempted to reassure him that this appeared to be a hoax. Given his high profile as a military chaplain who was publicized in CNN and in the press for his ‘heroism’ in bringing the news of the tragic deaths of American soldiers serving in Iraq to their loved ones, I suggested that it is quite possible that someone could be looking to discredit him and could even have manipulated photos electronically with an eye to extortion. Recall that it was in the second email that the sender asked me what I would “offer” for a photo file. I do not know whether or not the sender made the same “offer” to my successor. Before completing the phone conversation, I suggested that this appeared to be an extortion attempt.

My successor made note of the fact that the message had apparently originated in France. Not being all that sophisticated with email technology, I had not adverted to the international connection. I suggested that this was a police matter and that it should be reported to the county prosecutor.

Immediately following this phone call, I emailed the ‘sender’ with the warning that I did not believe the message was authentic and would report the matter to local and global authorities.

After sending this message, I drove to Mendham to confer personally with my successor who was obviously distraught. On my arrival, we conversed more about the possibility that someone was looking for money and we pursued the notion of extortion. I once again emphasized the importance that for his protection and even mine, it should be reported to the Morris County prosecutor. He finally agreed and I made the phone call while he presided at the 9:00 AM liturgy.

The investigator at the office of the Country Prosecutor who received my call advised me that the report should be made to the local police and then, depending on their findings, it could be remanded to the county prosecutor should that be warranted.

I made the appointment for me and for my successor with the acting police chief at the Mendham Police. However, prior to this meeting, I returned to my apartment to make hard copies of the first two messages and discovered two more messages the content of which I decided not to open due to suspicious content.

Our meeting with the police chief was thorough and concluded with the assumption that my successor was a victim of a hoax with a strong suspicion of extortion.

We were informed that a detective would be assigned to the case and that the investigation would be opened on the following Monday.

Though I had reasonable concerns about the need to inform the bishop and/or diocesan authorities, it seemed prudent at the time to postpone a report pending further investigation. As serious as the matter appeared, it also seemed apparent that my successor was the victim of a hoax that might disappear with the involvement of the police and the matter pass without notice.

The progress of the investigation was delayed due to illness in the family of the detective and did not recommence until three days later.

After transmission of the two emails, which remained on my computer, I had several conversations with my successor and with the investigating officer at the Mendham police. There seemed to be no reason to believe that my successor had acted inappropriately. On the contrary, the evidence pointed to the fact that he was a possible target of an extortion attempt.

However, on Wednesday, February 16th, the investigating officer asked me to forward the two unopened files to his computer at the Mendham Police Headquarters. Out of fear of compromising my email address and my website server, I told him of my reluctance to do so. He assured me that it would not be a problem. As I forwarded the files, they opened up on my computer and I realized immediately that there was a problem.

Nevertheless, I held out the hope that the problem could have been due to the computer technology rather than anything attributable to my successor.

However, on Friday morning, February 18th after a brief phone conversation with the investigating officer, I decided that we had reached the point that the bishop must be notified as well as the diocesan attorney, the latter not because of my suspicion of any criminal activity on the part of my successor but because, whatever his actions, he was still a target and therefore a possible victim of an extortion attempt.

It appeared that there was reason to believe that my successor had indeed erred in the transmission of sensitive photos via email to a recipient in Europe. Though it was surely an egregious error, it was not criminal and involved no third parties.

On my own volition on that same Friday, I spoke with Bishop Serratelli on his residence phone. I also called the office of the diocesan attorney and left a message informing him that I would confer with him after his arrival in his office.

Bishop asked me to call him at the diocesan center at 9:30 AM. I did so and expanded on the details of the information to which I was privy at that point. I offered to assist as necessary and although I did not contemplate returning to St. Joseph Parish, I offered to ‘cover’ the parish during any necessary transition should he deem that helpful and even necessary pending the police investigation and the investigation, which I assumed, would take place at the diocesan level.

My successor was not aware of my exchange with the bishop and diocesan attorney because he was not aware of the contents of the files that were forwarded to the investigating officer.

Later in the afternoon, I returned to St. Joseph Parish House to confer with my successor but he had already departed for a conference with the bishop.

During my visit to the parish house I discovered that the original email message that was sent to me was also copied to several members of the parish staff as well as to the editor of The DAILY RECORD.

Predictably, my predecessor initially denied any association with the contents of the email files. The bishop was understandably supportive and extended a compassionate hand to him, as indeed he should have.

However, after a great deal of conversation – heart-to-heart – my successor acknowledged that indeed he had made an egregious error in judgment which resulted in this very unfortunate disclosure and accompanied by an extortion attempt. It must be stated that there is absolutely no evidence of a crime. More about this later.

My successor expressed to the bishop his ‘willingness’ to resign. I was never officially informed that his resignation was indeed accepted. Bishop suggested that my successor go to his home at the shore for the weekend.

My successor arranged for Fr. Russo to cover four Masses and a guest priest covering for Fr. Germain was engaged for the noon Mass. In as much as I was committed to another parish for three Masses, I was unable to take any Masses at St. Joseph. However, I opened the church on Sunday morning and prepared the usual liturgy options and format and arranged a schedule for daily Mass during the following week.

On my return from St. Joseph after opening up the church on Sunday morning at 6:00 AM, I placed a call to the Vicar General to request a meeting as soon as possible in order to discuss the situation and to arrange for an official communication to the parishioners of St. Joseph. I asked him to inform the bishop of the urgency of the matter and of my deep concern.

Having heard nothing from diocesan authorities about my predecessor’s resignation and not having received any instructions regarding an official communication to the parishioners of St. Joseph, I conferred with the parish coordinator of worship and decided that we would explain that the pastor’s absence was due to ‘illness.’ I take full responsibility for that explanation. In as much as I was not at liberty to make any official statement on behalf of the bishop and/or any diocesan official, I was not at liberty to disclose what up to this point had been a personal matter on the part of the pastor. I rationalized my explanation by the fact that indeed, my predecessor was experiencing severe distress which rendered him unable to fulfill his pastoral responsibilities. I determined that this is as close to ‘illness’ as one can get.

I DID NOT disclose the original email message to The DAILY RECORD nor did I discuss this matter with any reporter prior to the appointment of the new pastor of St. Joseph which was announced in The DAILY RECORD on Tuesday, February 22nd. In fact, I myself learned about the bishop’s acceptance of my successor’s resignation and of the subsequent appointment of a new pastor the day before from a reporter who apparently learned about the email contents from another source.

With some hesitation but in order to clarify my role in this unfortunate scenario, I placed a brief statement on my website.

With regard to my relationship with the media, with the exception of three occasions on which I felt morally bound to correct inaccuracies, I have never initiated contact reporters. However, when asked for my opinion or for a statement of facts, I have answered truthfully to the best of my ability without disclosing ethical or moral matters of confidence.

As has been stated on more than one occasion, the media do not compose the stories. They report on events and incidents of interest to the public. Unlike diocesan publications, the secular media do not function as a public relations service for the Church or for any other organization for that matter.

I have found the vast majority of reporters of secular publications trustworthy. They do not knowingly publish information that they have not researched or are unable to document. Moreover, there are multiple editorial reviews and approvals.

When criticized for statements that I have made or for information published by reporters, I have reminded critics that they should be grateful that I have not disclosed everything that I know and that reporters have not published everything they know. The reality is that priests know a lot more about the reality of clerical privilege and culture than they are willing to acknowledge.

On the matter of the appointment of a new pastor, I urged acceptance and cooperation on the part of the parishioners.

I believe there may have been some misunderstanding with regard to my relationship to St. Joseph Parish as ‘Pastor Emeritus,’ an ambiguous designation at best. Technically, a pastor ‘emeritus’ is a title assigned to a retiring pastor who continues to reside within the parish and engages in limited ministerial services. However, as you know, I decided not to reside in the parish but move instead to my hometown, Morristown, where I initiated a new ministry vis-à-vis my website. I also assist at Assumption Parish and respond to ad hoc requests from other parishes and area Catholic schools primarily for liturgical service.

Upon my retirement, I was insistent on the importance of distancing myself from the parish, at least temporarily, in order for my successor to establish his own pastoral style. My immediate successor was equally insistent that I feel welcomed and in fact consulted with me often about matters that pertained to prior decisions. Although I acceded to his requests, I determined to keep a low profile so as not to intrude on or hamper his pastoral independence.

Although I returned for two or three funerals and covered daily Mass on two or three occasions, I presided at no Sunday liturgies with the exception of the Family Mass to open Catholic Schools Week and the noon Mass on that same Sunday due to Fr. Germain’s illness, At the invitation of my predecessor, I also presided at the Advent Communal Penance Service.

In order for a parish to succeed under the leadership of a new pastor, it is absolutely necessary for the pastor to engage his new congregation in an open and honest dialogue free of any intrusion from the outgoing pastor/s/.

In the interest of propriety and confidentiality, other details have been omitted but these details in no way affect the substance of this disclosure.

It order to clear up any myths and dispel rumors, I offer the following clarifications:

The rumor that I am unwelcome at St. Joseph is based on a miscommunication. In the light of all of the above, however, it is possible that there may have been a misunderstanding of my role during the brief pastorate of my successor and/or of my intervention in this most recent crisis leading the new pastor to assume that I may have been intrusive. It is more likely that any comment that may have been voiced was based on information received from other sources at the diocesan level.

It has been widely stated that upon my retirement, no one other than my predecessor applied for St. Joseph. This is accurate. However, it should not be assumed that the absence of other applicants was a reflection on St. Joseph Parish. Saint Joseph is not a problem parish!
The dearth of applicants for vacant parishes is not a phenomenon unique to St. Joseph. In fact, several other vacant parishes in recent years have had few applicants and in some cases, no applicants. This is due to the fact that many pastors who are contented in their present assignment do not wish to move.

Moreover, several vacant pastorates have been filled by ‘direct appointment’ by the bishop thus eliminating the possibility of open applications.

St. Joseph Parish is not the problem!

My retirement was not occasioned by problems in the parish. It was occasioned by my need to free the parish from its ongoing association with the abuse issue. Although parishioners were incredibly supportive of my advocacy for victims of sexual abuse, I am sure that at least some parishioners had grown tired of the intermittent newspaper references to St Joseph as the epicenter of sexual abuse. In fact as I explained to reporters on many occasions, St. Joseph is known for so much more, e.g., as a pro-life parish not only for life in the womb but for life in the city, in the hospital and nursing homes. Its covenant with the Fr. English Center has been heralded as one of its more outstanding outreach services both. The parish has also been incredibly generous to Appalachia, to victims of floods and earthquakes, to folks right within the parish who have come on hard times. It has an outstanding religious education program and a youth ministry with a Christian service component that has been a model for many other parishes.

St. Joseph school is a star school but not in competition with other area schools. On the contrary, it enjoys an outstanding relationship with area public schools and has collaborated in many areas.

The parishioners of St. Joseph are a gifted assembly of many talents and much dedication—truly a pastor’s dream.

Yes, St. Joseph parishioners have high expectations for their priests but they are also very supportive of their priest and staff ministers.

What about my successor?

The bishop has been in touch with him on a regular basis and, I have been informed, has assured him that he is still a priest ‘in good standing’ and will be considered for another assignment.

Be assured that I have not abandoned him but have been in touch with him several times a week up until his departure to be with his immediate family in Texas. Let those who are without sin cast the first stone.

At the same time, however, I do think it was appropriate for him to step down as pastor. I have also recommended to him that he seek professional counseling to determine whether or not he may be dealing with some deeper emotional issues. He is a good man but when something with such traumatic repercussions occurs, it is important and necessary to unpack the issues that may have led up to this incident. Healthy people get help with they need it. Unhealthy people succumb to avoidance and denial.

Over the last twenty years in my involvement in advocacy for victims of sexual abuse, I have experienced the strange range of emotions – anger, depression, guilt, shame, etc. that victims of abuse experience though, to be sure, of much lesser intensity. I have found it necessary to seek psychological help from time to time.

Many parishioners of Saint Joseph have inquired about my successor’s wellbeing and I have conveyed their sentiments to him for which he has expressed deep gratitude. He is a man whose wounds have made him even more vulnerable to depression. He does not need to be bruised further by distain.
—————- Items of interest from the Code of Canon Law——————
The following comments and commentaries are taken from a ‘handbook’ on the revised code prepared by the Canon Law Society in 1983.

Among a number of precepts that relate to the obligation of the faithful to adhere to teachings of the Church and its discipline, the revised Code of Canon Law [1983] has this to say about the rights and privileges of lay people in the Roman Catholic Church:

• are free to make known to their pastors their wishes and needs, especially spiritual ones. (c 212, §2)

• have the right and sometimes even the duty, according to one’s knowledge, competence, and position, to make known to the bishops their opinions on things pertaining to the good of the Church, always showing concern for the integrity of faith and morals, and the common good and dignity of persons. (c 312 §3)

• have the liberty to freely found and moderate associations for the purpose of charity or piety (when not reserved by their nature to Church authority) or for fostering the Christian vocation in the world; and to hold meetings for these purposes. (cc 215; 298-329)

• have the right to share in the Church’s mission and to initiate on their own, projects for promoting and sustaining apostolic activity. (c 215)

• have the right to a good reputation which no one may illegitimately harm. (c 220)

• have the right not to be punished by canonical penalties, except according to the norm of law. (221, §3)

With regard to participation in the official ministry of the Church, laypersons can:

• exercise an increased number of non-ordained ministries, where needed:

_ chancellor (c 438)
_ notary (c 483)
_ procurator-advocate (c 1483)
_ promoter of justice (c 1435)
_ judge (c 1421)
_ diocesan business managers (c 494)
_ members of diocesan or parish finance councils (c 492-494)
_ acolytes, lectors (c 230, 910 §2)
_ extraordinary ministers of the Eucharist
_ deputized extraordinary ministers of exposition of the Blessed Sacrament (c 943)
_ preach (c 766), however the homily is reserved to a priest or deacon. However, on extraordinary occasions, a reflection may be delivered at an appropriate time

This is not a complete listing but these are cited to provide an idea of the movement toward greater involvement of the laity in ministries formerly reserved to ordained ministers.

In addition to the contents of these canons, laypersons continue to possess a strong moral power, a strong innovative influence. They continue to maintain the power of receiving or not receiving all of the law or some of the law. Ultimately, they still possess he power of numbers, of finances, of public opinion, of ‘sensus fidelium,’ of conscience and the radical power of shaking the dust from their feet as they exit or worse, stay on apathetically.”

[Excerpts taken from commentary of Richard G. Cunningham, JCD, Brighton Mass in the publication, Code, Community, Ministry, Selected Studies for the parish Minister Introducing the Revised Code of Canon Law, Edited by James H. Provost, Canon Law Society of America]

Another excerpt of interest:

“All ministers share with the bishop the one identical priesthood and ministry of Christ.”

“On account of this common sharing in the same priesthood and ministry, bishops are to regard their priests as brothers and friends.”

“Bishops should be glad to listen to their priests views and to consult with them and hold conferences with them about matters that concern the needs of pastoral work and the good of the diocese.” [Presbyterum Ordines 11:17.]

I take full responsibility for this ‘disclosure’. I have neither collaborated nor consulted with any parishioner of St. Joseph Parish in the preparation of this statement. I have posted it on my website with the hope that all people of good will and concern will find a way to engage in a mature dialogue that can only lead to a new truth and which will in turn lead to common ground and a better understanding of what makes us tick as a Church.

The closed clerical system is broken and there is no alternative to heart to heart dialogue between Church leadership and the faithful people of God at every level from the bottom up and from the top down.

I love our rich Catholic tradition. It has so much to offer to each of us and to all of us together. More than this, it has a great deal to contribute to our world. Our Holy Father has been a beacon of light to millions during these war torn times. Yes, he may be conservative on many issues but we need him as much as he needs us to be strong courageous disciples of Jesus Christ and witnesses to the Holy Spirit, which continues to intervene in the affairs of humanity – every race and every nation.

The Church should be a sign of unity, not division. It takes a great deal of trust to build and preserve unity. There was never a time when every Catholic thought the same about everything. We have always enjoyed a diversity of insight into our tradition. Few doctrines are infallibly defined. There is much room for interpretation and the application of the teachings and the disciplines that keep us together.

“I kneel before the Father
from whom every family in heaven and on earth takes its name;
and I pray that he will bestow on you gifts
in keeping with the riches of his glory.
May he strengthen you inwardly through the working of his Spirit. May Christ dwell in your hearts through faith,
and may charity be the root and foundation of your life.
Thus you will be able to grasp fully, with all the holy ones,
the breadth and length and height and depth of Christ’s love,
and experience this love which surpasses all knowledge,
so that you may attain to the fullness of God himself.” [St Paul]

Amen!

Father Lasch

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