Follow the Money: Another Sinister Sex Abuse Grand Jury Report
Targeting Holy Week and Easter, Maryland Attorney General Anthony Brown released a grand jury report on unproven decades-old claims of abuse by Catholic priests.
April 26, 2023 by Fr. Gordon MacRae
In Baltimore, Maryland, excluding the rest of the state, there were 1,018 victims of gun violence in 2022. Of that number, 338 are classified as homicides in Baltimore City alone. There have been 80 additional homicides in the first three months of 2023. The State of Maryland currently has 74 unsolved cold case homicides. And yet, the Maryland Attorney General invested vast resources in a grand jury report released this year just as Catholics the world over prepared to honor Holy Week and Easter. The Wall Street Journal carried the story on Holy Thursday by journalists Scott Calvert and Jon Kamp headlined: “Baltimore Archdiocese Long Allowed Abuse of Children, AG’s Report Says.” The article opened with a paragraph now painfully familiar to U.S. Catholics:
“BALTIMORE — Scores of priests and other people affiliated with the Archdiocese of Baltimore sexually abused hundreds of children over more than 60 years, and church officials often protected the perpetrators while keeping their crimes a secret, Maryland’s attorney general said in a new report.”
News coverage of the recent grand jury indictment of former President Donald Trump by New York City District Attorney Alvin Bragg has illuminated the grand jury process with lots of commentary by legal minds. You have likely heard it said that “a grand jury could indict a ham sandwich.” It means that a grand jury is an entirely one-sided prosecutorial affair. There is no cross-examination of witnesses, no testimony from the accused, often even no testimony from an accuser, and no defense of any kind. If the legal process stops there, as it did in the Maryland Grand Jury Report, accusations alone are the end of the road. Due process of law and the Bill of Rights are rescinded.
The WSJ article went on to point out that of the 156 alleged priestly perpetrators whose names came before this grand jury with accusations dating back to 1940, no one was indicted. Most of the subjects of the report are either long ago deceased or the statute of limitations has long since expired for any legitimate legal prosecution. Anyone who would dismiss this as “just a legal loophole” does not understand the U.S. justice system at all. These rules of due process were not adopted by the Founders to inhibit justice, but to protect it. Some allegations in the report stretch back more than 70 years with not a single claim that is less than two decades old. The report makes no effort to distinguish between allegation and proven conviction.
The WSJ article eventually got to the real agenda behind this story. On the same day the report was released, the Maryland legislature passed a bill that, if signed into law, will eliminate the statute of limitations for sexual abuse claims — not for criminal prosecutions, but solely for civil claims to result in deep-pocket lawsuits for monetary settlements. Maryland Attorney General Anthony Brown has orchestrated a great gift to the state’s tort lawyers each of whom will now stand to amass upwards of forty percent of every settlement or jury award. This is not about real abuse or real victims of abuse.
The legislation caps settlements or damage awards for private institutions at $1.5 million per claim. A lawyer who extorts such settlements could pocket up to $600,000 for each claim filed from hereon. Public institutions — such as public schools which receive a vastly larger number of abuse claims — are typically exempt from such legislation. The bill’s foremost target is the Catholic Church, an unjust reality that I once wrote about in a centerpiece article for Catalyst, the Journal of the Catholic League for Religious and Civil Rights, entitled, “Due Process for Accused Priests” (July/August 2009).
How an Attorney General Becomes a Governor
The Maryland Grand Jury Report is a mirror image of a similar report published in 2018 by then Pennsylvania Attorney General Josh Shapiro who, in 2022, was predictably elected Governor. I wrote of that report and its shocking historical precedent in, “Attorney General Josh Shapiro and Joseph Goebbels in ‘The Reckoning.’”
After its initial shock value, and after its political rewards were reaped, the 2019 Pennsylvania Grand Jury Report was widely exposed as a slanted and deeply unjust application of law. I expect the same will follow closer examination of the Maryland report. One journalist who has dismantled the credibility of the former is David F. Pierre, Jr., moderator of The Media Report and the author of four published books on the sexual abuse narrative in the Catholic Church. His most recent, The Greatest Fraud Never Told, is subtitled, False Accusations, Phony Grand Jury Reports, and the Assault on the Catholic Church. Here is an excerpt:
“No other episode in the Catholic Church sex abuse story has more epitomized the reality of ‘groupthink’ mentality than the Pennsylvania grand jury report.... Attorney General Josh Shapiro stood before an enormous throng of national and international media to make the incredible claim that ‘over 300 priests’ in Pennsylvania had sexually abused ‘over 1,000 children’ in the last several decades while Church officials ‘did nothing’ and ‘covered it all up’.”
— The Greatest Fraud Never Told, p. 34
Dave Pierre went on to describe how ‘every action by Shapiro was a masterful stroke of public relations media exposure to enhance his own public profile’ as he prepared to run for higher office:
“Shapiro called a local poster company to create a new, official-looking seal to be placed behind him as he broadcast his grand jury report to the world. Whereas the official seal of his office displayed ‘Commonwealth of Pennsylvania’ along the top and ‘Office of the Attorney General’ along the bottom, Shapiro not only flipped them, but replaced the words with ‘Attorney General Josh Shapiro’ so everyone across the globe could now easily see his name behind his head as he stood at the podium.”
— The Greatest Fraud Never Told, p. 34
The Democratic Party has since thrown Josh Shapiro’s name out as a potential future White House contender. In just about every jurisdiction where a similar grand jury report was constructed and released to the public slamming the Catholic Church, the exploitation of an upward political trajectory was its unstated goal. David Pierre went on in his book to ask a most important question: “Were the claims from Shapiro’s grand jury report actually true?” “In a nutshell,” he wrote, “No, not at all.” He offers a simple explanation of what a grand jury is and does:
“A ‘grand jury report’ is simply a report written by government attorneys with a predetermined outcome. The folks in the [grand jury] are merely a formality, window dressing to make the entire matter legal. The jury does not actually investigate a case, question witnesses, or scrutinize all sides of a story. It simply listens to one-sided proceedings orchestrated by prosecutors. There is no fact-checking, no cross examination, and no due process.”
— The Greatest Fraud Never Told, p. 35
How Grand Jury Reports Defeat Justice
Multiple states have had grandstanding prosecutors harboring political ambitions propelled forward with sensationalized grand jury reports that singled out the Catholic Church and priesthood as some sort of special arena of historical child sexual abuse. But as my title implies, we should follow the money for an understanding of what drives this.
New Hampshire, the state from which I write, has been no exception. In 2003, a grand jury report here caused much damage to the state of due process for priests accused when the local Catholic bishop waived the rights of all the accused without their knowledge.
But when a New Hampshire attorney general went on to apply the same to a grand jury report on a local prestigious prep school with an alumni list that looks like a Who’s Who of Washington insiders, a local judge blocked publication of that grand jury report. In so doing, the judge acknowledged that a similar grand jury report on my diocese, the Diocese of Manchester, should never have been published regardless of a Bishop’s signature waiving our due process rights.
NH Superior Court Judge Richard B. McNamara explained why in his Order entitled, “Re, Grand Jury, No. 217-2018-CV-00382.” This is a story that I wrote about in a widely read 2019 post, “Grand Jury, St. Paul’s School, and the Diocese of Manchester.”
The following are pertinent excerpts from Judge McNamara’s Order:
“The grand jury is one of the oldest institutions of Anglo American law, and to some extent, one of the most problematic. The United States Supreme Court recently rejected the traditional view of the grand jury as an arm of the courts, describing it as a separate institution that has not been ‘textually assigned’ to any of the three branches of government described in the federal Constitution.
“The original purpose of the grand jury was not only to increase the number of criminal prosecutions but to enhance the King’s authority and indirectly to increase revenue for the Crown which received the property forfeited by persons accused of crimes. But by the 17th Century, English grand juries had begun to act as an institution that could shield the innocent from unfounded charges. By the time of the American Revolution, English law characterized the grand jury as one of the principal protections against arbitrary government prosecution.
“Yet by the middle of the 19th Century there was no longer a consensus regarding the value or appropriate function of the grand jury.... The late 19th Century concern that grand juries were inquisitorial procedures that pose a threat to individual liberty was reflected in language that the Constitution did not require states to institute felony prosecutions by grand jury and suggested that the earliest grand juries were little more than a mob.
“The prevailing view of the federal courts is that grand juries have no common law authority to make accusations against individuals falling short of an indictment... A grand jury report that does not result in an indictment but references supposed misconduct results in a quasi-official accusation of wrongdoing drawn from secret ex parte proceedings in which there is no opportunity available or presented for a formal defense.
“The Florida Supreme Court described a grand jury report finding a public official guilty of wrongdoing without affording him a trial as ‘not far removed from, and no less repugnant to traditions of fair play, than lynch law.’ (Report of Grand Jury, 93 So. 2d 99, 102 (Fla. 1957).
“In the public mind, accusation by report is indistinguishable from accusation by indictment and subjects those against whom it is directed to the same public condemnation ... as if they had been indicted. An indictment charges a violation of a known and certain public law, and is but the first step in a long process in which the accused may seek vindication through exercise of the right to a public trial, to a jury, to counsel, to confrontation of witnesses against him, and, if convicted, to an appeal. … A [grand jury] report, on the contrary, is at once an accusation and a final condemnation. Its potential for harm is incalculable.
“[This] Court respectfully disagrees with the [2003] decision to approve the [New Hampshire] Diocese-OAG Agreement [which] fulfilled none of the traditional purposes of the common law grand jury. Rather than investigation of crime, the report is a post hoc summary of information the grand jury considered, but did not indict on.
“Mark Twain famously said that a lie is half way around the world while the truth is putting on its shoes. In an internet age, he might have added that the lie will forever outrun the truth as search engines become ever more efficient. An allegation of wrongdoing or impropriety based upon half-truths, illegally seized evidence or rumor, innuendo or hearsay may blight an individual’s life indefinitely.
“Accordingly, the Court DENIES the Office of the Attorney General Motion. The Attorney General may not produce any report that contains any material produced to the grand jury through subpoena or testimony or that is characterized as a ‘Grand Jury Report.’”
— Presiding Justice Richard B. McNamara August 12, 2019
Just two weeks before Judge McNamara issued that Order and published it, Bishop Peter A. Libasci of the Diocese of Manchester, of his own accord, published a list of 73 priests who had been accused and condemned in the 2003 Diocese of Manchester Grand Jury Report. Most of the priests on the list were long since deceased. None of them were afforded constitutional due process. Bishop Libasci cited “transparency” as his motive for publishing this list.
The motive of Maryland Attorney General Anthony Brown for releasing his one-sided report as Catholics observed Holy Week and Easter seems clear. What is less clear is the legal basis for such a report and especially for widely publishing it. The Maryland Attorney General’s Grand Jury Report should be seen in light of all of the above.
A lot of people, primarily lawyers and claimants, will profit greatly from this latest official state government travesty of justice, but it should not be the basis for whether or how you exercise your faith, or your membership in this Mystical Body that we call a Church. It should also never be the source of your own determination of any priest’s guilt or innocence.
This story is, as David F. Pierre Jr. has described it, The Greatest Fraud Never Told.
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To our readers: Thank you for reading and sharing this important post. Next week at Beyond These Stone Walls it is our privilege to welcome an internationally known expert in Canon Law on due process crisis in the priesthood. It is an excellent sequel to this post.
You may also be interested in these related links that beg to be read and shared:
Attorney General Josh Shapiro and Joseph Goebbels in ‘The Reckoning’
Grand Jury, St Paul’s School, and the Diocese of Manchester
The Eucharistic Adoration Chapel established by Saint Maximilian Kolbe was inaugurated at the outbreak of World War II. It was restored as a Chapel of Adoration in September, 2018, the commemoration of the date that the war began. It is now part of the World Center of Prayer for Peace. The live internet feed of the Adoration Chapel at Niepokalanow — sponsored by EWTN — was established just a few weeks before we discovered it and began to include in at Beyond These Stone Walls. Click “Watch on YouTube” in the lower left corner to see how many people around the world are present there with you. The number appears below the symbol for EWTN.
Click or tap the image for live access to the Adoration Chapel.
The following is a translation from the Polish in the image above: “Eighth Star in the Crown of Mary Queen of Peace” “Chapel of Perpetual Adoration of the Blessed Sacrament at Niepokalanow. World Center of Prayer for Peace.” “On September 1, 2018, the World Center of Prayer for Peace in Niepokalanow was opened. It would be difficult to find a more expressive reference to the need for constant prayer for peace than the anniversary of the outbreak of World War II.”
For the Catholic theology behind this image, visit my post, “The Ark of the Covenant and the Mother of God.”