by Jason Berry
72. Berry, “Money Paved the Way for Maciel’s Influence in the Vatican.”
73. José Martínez de Velasco, Los documentos secretos de los Legionarios de Cristo (Barcelona, 2004), pp. 65–66.
74. Ibid., On Ruiz, see Krauze, Mexico: Biography of Power, pp. 784–85.
75. A report citing many of the files can be accessed on www.regainnetwork.org.
76. Jason Berry and Gerald Renner, “Sex-Related Case Blocked in Vatican,” National Catholic Reporter, December 7, 2001.
77. Richard John Neuhaus, “Feathers of a Scandal,” First Things, March 2002.
78. Brian Ross, ABC News, World News Tonight, April 26, 2002.
79. Jason Berry, “Cracks in the Wall of the Curia,” Examining the Crisis, National Catholic Reporter, May 20, 2004.
80. John L. Allen Jr., “The Word from Rome,” National Catholic Reporter, December 3, 2004.
81. Gerald Renner, “Vatican Revisits Abuse Charges,” Hartford Courant, January 3, 2005.
82. “Cardinal Ratzinger’s Meditations for Way of the Cross,” Zenit.org, March 24, 2005; Robert Blair Kaiser, A Church in Search of Itself: Benedict XVI and the Battle for the Future (New York, 2006), p. 206.
83. John L. Allen Jr., “New Legionaries Intrigue: Statement on Maciel Not Issued by Agency Responsible for Sex Abuse Cases,” National Catholic Reporter, May 25, 2005.
84. Andy Wooden, “Vatican Says Legionaries’ Founder Cannot Exercise Ministry Publicly,” Catholic News Service, May 19, 2006.
85. Daniela Deane, “Outspoken Ex-Priest Sued Over Documents”; The Legion of Christ, Inc. v. Regain, Inc. and John Paul Lennon, Circuit Court, City of Alexandria, VA, CL 07002920.
86. Idoia Sota and José M. Vidal, “El legionario que murió cuatro veces y no quiso confesarse,” El Mundo, January 31, 2010. Although the article mixes opinion and some ornate prose, the Legion has not disputed the essence of the reporting.
CHAPTER 8: BORRÉ IN ROME
1. Darío Cardinal Castrillón Hoyos, Letter from Congregation of [sic] the Clergy: U.S. Bishops Wrongly Invoke Canon 123, Save Our Parish Community project, www.futurechurch.org, March 2006.
2. Eileen Markey, “Attempt to Destroy a Faith Community,” National Catholic Reporter, February 28, 2007.
3. Elizabeth Hamilton and Eric Rich, “Egan Protected Abusive Priests,” Hartford Courant, March 17, 2002.
4. David Gibson, “The Cardinal’s Sins,” New York, January 28, 2007.
5. Michael Powell, “At 75, a Battle-Tested but Unwavering Cardinal,” New York Times, April 23, 2007.
6. Grant Gallicho, “Cardinal Egan Paints Himself an Unhappy Ending,” New York Observer, June 26, 2007.
7. Monsignor Brian Ferme, dean of the canon law faculty at Pontifical Lateran University, Rome, interview with the author, November 27, 2002. See also Jason Berry and Gerald Renner, Vows of Silence: The Abuse of Power in the Papacy of John Paul II (New York, 2004), p. 102.
CHAPTER 9: SECRECY AND LAMENTATIONS
1. Jerry Pockar, “Clergy Crisis Forecast,” Catholic Universe Bulletin (Diocese of Cleveland), November 8, 1991. See also a longer report by Sister Maureen Haggarty, CSJ, “Priesthood in Peril,” June 22, 1990.
2. www.futurechurch.org.
3. W. A. Jurgens, A History of the Diocese of Cleveland, vol. 1, The Prehistory of the Diocese to Its Establishment in 1847 (Cleveland, 1980), pp. 203, 565.
4. Ibid., p. 581.
5. Carol Poh Miller and Robert A. Wheeler, Cleveland: A Concise History, 1796–1996 (Bloomington, IN, 1997), pp. 81–82.
6. Edward M. Miggins and Mary Morgenthaler, “The Ethnic Mosaic,” in The Birth of Modern Cleveland, 1865–1930, ed. Thomas F. Campbell and Edward M. Miggins (Cleveland, 1988), p. 127.
7. Miller and Wheeler, Cleveland: A Concise History, p. 85.
8. Michael J. McTighe, “Babel and Babylon on the Cuyahoga,” in The Birth of Modern Cleveland, p. 248.
9. Merit Brief, Court of Appeals, Third Appellate District, Seneca County, Ohio, case no. 13-08-19, Kansas St. James Parish of Ohio, Inc., Jim and Virginia Hull v. The Catholic Diocese of Toledo in America, Bishop Leonard P. Blair, July 14, 2008. See also Mannix, Assignee v. Purcell, et al., 46 Ohio St. 102 (1988).
10. Mary J. Oates, The Catholic Philanthropic Tradition in America (Bloomington, IN, 1995), p. 100.
11. Diocese of Cleveland, Department of Communication, The Catholic Diocese of Cleveland Factsheet. The one-page document cites 2002 U.S. Census estimates. See also Thomas Kelly, “Who Owns Cleveland,” Cleveland Free Times, March 10, 2004.
12. Bishop Anthony M. Pilla, “The Moral Implications of Regional Sprawl: The Cleveland Catholic Diocese’s Church in the City Vision Process,” a speech given at the City Club of Cleveland, June 17, 1996, www.citc.org.
13. Diego Ribadeneira, “Bishop Discusses Woes in Church,” Boston Globe, November 12, 1996.
14. Christine Schenk, CSJ, “Faith in the Wasteland,” unpublished autobiographical essay.
15. John and Mary Evelyn Grim, “Teilhard de Chardin: A Short Biography,” American Teilhard Association, www.teilharddechardin.org.
16. Pierre Teilhard de Chardin, The Divine Milieu (New York, 1968), p. 148.
17. Gustavo Gutiérrez, A Theology of Liberation (Maryknoll, NY, 1973), p. 205.
18. Schenk, “Faith in the Wasteland.”
19. Tim Weiner, Legacy of Ashes (New York, 2007), p. 180.
20. Thomas Vail, William J. Woestendiek, and Thomas H. Greer, “The Parish Must Be Told the Truth, Bishop Pilla,” Cleveland Plain Dealer, March 15, 1987.
21. Jason Berry, Lead Us Not into Temptation (New York, 1992), p. 231.
22. Vail, Woestendiek, and Greer, “The Parish Must Be Told the Truth.”
23. Ibid.
24. James F. McCarty, “The Churchman at Scandal’s Heart,” Cleveland Plain Dealer, July 21, 2002.
25. Berry, Lead Us Not into Temptation, p. 287.
26. The entire text by the Reverend Thomas P. Doyle, F. Ray Mouton, and Dr. Michael Peterson, The Problem of Sexual Molestation by Roman Catholic Clergy: Meeting the Problem in a Comprehensive and Responsible Manner (May 15, 1985), is reprinted as chapter 4 in Thomas P. Doyle, A. W. R. Sipe, and Patrick J. Wall, Sex, Priests, and Secret Codes: The Catholic Church’s 2,000-Year Paper Trail of Sexual Abuse (Los Angeles, 2006). In the original text, Mouton reported that one diocese (Lafayette, Louisiana) had seen $5 million in settlements and faced $100 million in claims; though he did not delineate how much of the settlements had been covered by insurance policies, the document addressed insurance issues. The manual guided its original readership of bishops through a series of questions about complex issues in the civil and criminal proceedings (pp. 112–13).
27. Berry, Lead Us Not into Temptation, pp. 236–37.
28. John Tidyman, “God-1, Newspaper Guild-0,” Cleveland Edition, May 26, 1988.
29. Jason Berry, “Immunity: A Haven for Sensitive Files, Too?” Cleveland Plain Dealer, June 17, 1990. See also Berry, Lead Us Not into Temptation, p. 290.
30. On Quinn, see James F. McCarty, “The Churchman at Scandal’s Heart,” Cleveland Plain Dealer, July 21, 2002. On Berthiaume, see James F. McCarty and David Briggs, “Diocese Confronted Clergy Abuse in 1987,” Cleveland Plain Dealer, March 10, 2002; Bishop Joseph Imesch, correspondence with the author.
31. Elizabeth Auster, “Rape Victims, Loved Ones Don’t Get Released Early,” Cleveland Plain Dealer, May 23, 1996. The television interview was a CBS report in which Ed Bradley was the correspondent. See David Kohn, 60 Minutes, “The Church on Trial, Part II,” July 12, 2002.
32. CARA (Center for Applied Research in the Apostolate, Georgetown University), “Understanding the Ministry and Experience: Parish Life Coordinators in the United States,” Special Report, Summer 2005.
33. Joseph Cardinal Ratzinger, “Letter to the Bishops of the Catholic Church on the Pastoral Care of Homosexual Persons,” Congregation for the Doctrine of the Faith, October 1, 1986, www.vatican.va. For a trenchant account o
n the impact of a gay culture in religious life, see Michael S. Rose, Goodbye! Good Men: How Catholic Seminaries Turned Away Two Generations of Vocations from the Priesthood (Cincinnati, 2002). As an alternative, see Mark D. Jordan, The Silence of Sodom: Homosexuality in Modern Catholicism (Chicago, 2000).
34. Elisabeth Schüssler Fiorenza, In Memory of Her: A Feminist Theological Reconstruction of Christian Origins (New York, 1984), pp. 170–71. For this note and the one that follows I have drawn upon Sister Christine Schenk’s thesis synopsis and bibliographical list. The citations are of my own choosing.
35. Karen Jo Torjesen, When Women Were Priests (San Francisco, 1993), pp. 32–33.
36. John Paul II, Ordinatio Sacerdotalis, Apostolic Letter to the Bishops of the Catholic Church on Reserving Priestly Ordination to Men Alone, May 22, 1994, www.vatican.va.
37. Doyle, Sipe, and Wall, Sex, Priests, and Secret Codes, p. 11.
38. Data from the Austrian church are from the office in Vienna of Cardinal Cristoph Schönborn, courtesy of The Tablet correspondent Christa Pongratz-Lippitt, in correspondence with the author.
39. “Responsum ad Dubium,” Congregation for the Doctrine of the Faith, October 28, 1995, publicly released November 18, 1995, www.vatican.va.
40. Nicholas Lash, “On Not Inventing Doctrine,” The Tablet, December 2, 1995.
41. Joan Chittister, “Can’t Suppress Spirit,” National Catholic Reporter, December 8, 1995.
42. David Gibson, The Rule of Benedict: Pope Benedict XVI and His Battle with the Modern World (San Francisco, 2006), p. 214.
43. Jerry Filteau, “Bishop Calls Bishop-People Dialogue Key to Church’s Future,” Catholic News Service, October 31, 1995.
44. David Eden, “The Bishop’s Lawyer: A Question of Faith,” Cleveland Free Times, December 24, 2003.
45. McCarty and Briggs, “Diocese Confronted Clergy Abuse.”
46. WJW TV, 10 p.m. news, interview with the Kodger family, May 17, 2002.
47. Testimony of Stephen Sozio, U.S. District Court, Northern District of Ohio, Eastern Division, case no. 1:06-CR-00394, U.S. v. Joseph Smith, et al., cross-examination by Philip Kushner, June 10, 2008. After much prodding, Sozio said the Jones Day partner who engaged the diocese had a $650-an-hour fee that was reduced to $250 to $280 because the church was a nonprofit.
48. James F. McCarty, “Bishop Pilla Walks Tightrope in Priest Sex Abuse Scandal,” Cleveland Plain Dealer, May 5, 2002.
49. Kohn, “The Church on Trial, Part II.”
50. James F. McCarty and Joel Rutchick, “Catholic Charities Seeks Pledge from Pilla,” Cleveland Plain Dealer, August 2, 2002.
51. Ibid.
52. John Maimone, “Current Financial Concerns of the Diocese of Cleveland: Parish Pastoral Council Chair Persons Gathering,” April 28, 2007. According to Joseph Smith, the 2006 figures cited by Maimone, who delivered his white paper as the diocesan CFO, were not appreciably different from those in 2002, as referenced in the Plain Dealer coverage by McCarty and Rutchick.
53. Jason Berry and Gerald Renner, Vows of Silence: The Abuse of Power in the Papacy of John Paul II (New York, 2004), p. 286.
54. The account is based on Liturgy of Lament, which can be accessed at www.futurechurch.org. I have tightened certain passages for narrative pacing, with permission of the homilist. See also David Briggs, “Lament for Christ’s Broken Body,” Cleveland Plain Dealer, October 15, 2002.
55. James F. McCarty, “Seven Indicted in Diocesan Sex Cases,” Cleveland Plain Dealer, December 5, 2002.
56. Laurie Goodstein, “Diocese Resists Releasing Names of Accused Priests,” New York Times, February 28, 2003.
57. Prosecutor’s Merit Brief, Court of Common Pleas, Cuyahoga County, Ohio, Special Docket no. SD 03 075617, Judge Brian J. Corrigan, In Re: Grand Jury Investigation, October 2003.
58. James F. McCarty, “Budget Woes Could Force Cutbacks, Pilla Warns,” Cleveland Plain Dealer, March 5, 2003.
59. Merit Brief of Petition-Intervenor New World Communications of Ohio, Inc., on Behalf of Its Television Station, WJW-Fox 8, Court of Common Pleas, Cuyahoga County, Ohio, Special Docket no. SD 03 075617, Judge Brian J. Corrigan, In Re: Grand Jury Investigation, August 24, 2003.
60. Information on Zrino Jukic is taken from the transcript of his trial testimony under cross-examination by defense attorney Philip Kushner in U.S. v. Joseph Smith, and his testimony in U.S. District Court, Northern District of Ohio, Eastern Division, case no. 1:06CR394-02, U.S. v. Anton Zgoznik. Kushner provided copies of the transcripts.
61. Bill of Particulars, U.S. District Court, Northern District of Ohio, Eastern Division, case no. 1:06-CR-00394-AA, U.S. v. Joseph H. Smith and Anton Zgoznik, exhibit C, The Letter.
62. Government’s Responses to Defendant Smith’s Motion to Order Production of Documents and Additional Scheduling Motions, U.S. v. Joseph Smith, et al., March 2, 2007, exhibit G, Charles D. Hassell letter to Carl M. Grant, May 3, 2004.
63. Ibid., General Allegations.
64. Dennis Mahoney, “Clevelanders Sue Columbus Diocese’s Financial Chief,” Columbus Dispatch, June 5, 2005.
65. Opinion and Judgment Entry, Judge Brian J. Corrigan, Court of Common Pleas, Cuyahoga County, Ohio, case no. 03 SD 075617, In Re Grand Jury Investigation, February 27, 2004, p. 10. The Ohio Supreme Court refused to grant a hearing on the federal vs. state disparities on grand jury secrecy as requested by the station attorneys, McMenamin and Zirm. See Original Action for Writ of Mandamus, case no. 04-1646, State of Ohio, Ex Rel. New World Communication of Ohio, Inc. Relator, v. William D. Mason, Cuyahoga County Prosecutor, Respondent, September 29, 2004.
66. “Perspectives: John Jay Sex Abuse Report,” episode 726, Religion & Ethics Weekly, PBS, February 27, 2004.
67. David Eden, “City Chatter: Bishop Pilla Lied About Number of Accused Priests He Transferred, Former Lawyer Charges,” Cleveland Free Times, March 3, 2004.
68. “Bishop Reaffirms Commitment to Protect Children,” www.dioceseofcleveland.org, February 27, 2004.
69. Regina Brett, “Diocese Lawyers Got Court to Seal Data,” Cleveland Plain Dealer, March 7, 2004.
70. James F. McCarty, “Catholic Reformers Contest New Edict,” Cleveland Plain Dealer, April 26, 2004.
71. Ibid.
72. Tom Roberts, “A Map to the Future Church,” National Catholic Reporter, July 16, 2009.
73. Dennis Mahoney, “Clevelanders Sue Columbus Diocese’s Financial Chief,” Columbus Dispatch, June 5, 2005.
74. James F. McCarty, “Diocese Ex-CFO to Get Same Job in Columbus,” Cleveland Plain Dealer, August 20, 2004.
75. Complaint, Court of Common Pleas, Cuyahoga County, Ohio, case no. 05 565095, Rosie Andujar, et al. Plaintiffs v. Anthony M. Pilla, et al. Defendants, June 13, 2005. The lawsuit also names Thomas Kelly, who was an official of the diocesan Cemeteries office; Kelly was not indicted.
76. Memorandum of Opinion and Order, Judge Stuart A. Friedman, Rosie Andujar, et al. v. Anthony M. Pilla, et al., September 12, 2005.
77. “Cleveland Bishop Asks Permission of Pope to Retire,” Catholic News Agency, January 6, 2006.
78. I would not have thought to ask Sister Schenk about the catacomb of Saint Priscilla were it not for a reference to the site in Garry Wills, What Jesus Meant (New York, 2006), p. 51. On the group’s visit, see Sylvia Poggioli, “Pilgrims Trace Women’s Role in Early Church,” NPR, transcript, April 16, 2006.
CHAPTER 10: PROSECUTION AND SUPPRESSION
1. U.S. District Court, Northern District of Ohio, Eastern Division, case no. 1:06-CR-00394-AA, U.S. v. Joseph H. Smith and Anton Zgoznik, August 16, 2006.
2. Mike Tobin, “Lawyer Says Priest Duped by Associates,” Cleveland Plain Dealer, August 24, 2006.
3. Ibid.
4. Conference for Pastoral Planning and Council Development, 2003 National Study of Parish Reorganization, www.cppcd.org.
5. David Briggs, “Local Catholic Finances ‘Stretched,’ ” Cleveland Plain Dealer, February 6, 2007.
6. T
he dialogue is from the transcript. Courtesy Zingerplatz Pictures Inc., Joe Cultrera, producer, Hand of God, 2007.
7. Bishop Richard Lennon, “The Church Going Forward,” City Club of Cleveland, February 16, 2007. Transcript courtesy City Club of Cleveland.
8. Defendant Joseph H. Smith’s Motion to Order Production of Documents, case no. 1:06-CR-00394-AA, U.S. v. Joseph H. Smith and Anton Zgoznik, February 16, 2007. The motion and other documents from the case can be accessed on www.bishopaccountability.org. Hereafter referred to as case no. 1:06-CR-00394-AA.
9. Redacted FBI interview with Zrino E. Jukic, November 17, 2005, case no. 1:06-CR-00394-AA, document 51-6, exhibit E, filed March 15, 2007.
10. Defendant Anton Zgoznik’s Response to Motion of United States to Quash Subpoena to Huntington Bank, case no. 1:06-CR-00394-AA, November 15, 2006.
11. Bill Frogameni, “The Scum Always Rises: An Embezzlement Scandal Closes In on Top Diocesan Officials,” Cleveland Scene, April 4, 2007.
12. Defendant Smith’s Motion Regarding Destruction of Evidence by the Diocese and Request for the Evidentiary Hearing, case no. 1:06-CR-00394-AA, August 1, 2007.
13. Smith’s Motion to Order, case no. 1:06-CR-00394-AA, February 16, 2007.
14. Mike Tobin, “Fund Furnished Diocesan Home, Ex-Workers Say,” Cleveland Plain Dealer, February 25, 2007.
15. James F. McCarty, “Catholic Diocese’s Income Declines, Pilla Cutting Costs, but Church Says It Is Not in Fiscal Crisis,” Cleveland Plain Dealer, April 5, 2004.
16. Judge Ann Aldrich, Memorandum and Order, case no. 1:06-CR-00394-AA, June 14, 2007. See also Mike Tobin, “Judge Orders Catholic Diocese to Turn Over Financial Records,” Cleveland Plain Dealer, June 15, 2007.
17. Christopher Maag, “Cleveland Diocese Accused of Impropriety as Embezzlement Trial Nears,” New York Times, August 20, 2007.
18. Trial transcript, testimony of Anton Zgoznik, U.S. District Court, Northern District of Ohio, Eastern Division, case no. 1:06CR394-02, U.S. v. Anton Zgoznik, September 24, 2007.
19. Trial transcript, testimony of Zrino Jukic, U.S. v. Anton Zgoznik, case no. 1:06CR394-02, August 23, 2007.