New York City, N.Y., Sep 11, 2019 / 10:59 am (CNA).- Amid calls for his resignation, Bishop Richard J. Malone of Buffalo remains firm in his conviction not to step down from office, even as Cardinal Timothy Dolan of New York assesses whether to open an investigation into Malone’s alleged mishandling of abuse cases.
“Cardinal Dolan has been following the situation in Buffalo very carefully. He is aware of his responsibilities under Vos estis lux mundi, he has been consulting extensively both with individuals in Buffalo, including Bishop Malone, clergy and laity,” Joseph Zwilling, communication director for the New York archdiocese, told CNA in a Sept. 10 interview.
“He has been in touch with the nuncio, and with the Holy See. So he has been remaining on top of it, and I expect that we will hear something, some development sometime in the near future,” Zwilling continued.
Malone took the reigns in Buffalo in 2012. Though no allegations of abuse have been made against Malone, he has recently faced accusations of mishandling or covering up accusations of clerical sexual abuse by priests in the diocese.
Vos estis lux mundi, Pope Francis’ new norms which came into force in June, puts “metropolitan” archbishops in charge of investigations into suffragan bishops, with authorization from the Holy See required.
The motu proprio also calls for an investigation into “actions or omissions intended to interfere with or avoid civil investigations or canonical investigations, whether administrative or penal, against a cleric or a religious.”
In this case, Cardinal Timothy Dolan of the Archdiocese of New York is Malone’s metropolitan archbishop.
“I can’t tell you exactly when, or what the development will be, but I would expect there to be some kind of development in the near future.”
A Buffalo lay group called the Movement to Restore Trust (MRT), which Malone considered an ally after it formed in 2018, on Sept. 5 joined the call for Malone’s resignation.
MRT is calling for the Vatican to appoint a temporary diocesan administrator with no ties to the Diocese of Buffalo while considering the appointment of a permanent bishop.
“Bishop Malone was looking forward to continuing to cooperate with the MRT and regrets that the work will now have to be done without their assistance,” the diocese said in a subsequent statement.
Malone has admitted that he has made mistakes in the past, but denies any criminal wrongdoing and says he will not resign.
Of what is Malone accused?
At least two whistleblowers with high-level access in the diocese— Malone’s former executive assistant and former priest secretary— have gone public with accusations that Malone mishandled several cases of sexual abuse by priests in the diocese, some of which involved minors.
One such case is that of Father Fabian Maryanski, whom a now 50-year-old woman accused of sexually abusing her beginning when she was 15. She reported the abuse in 1995, but a letter from the victim’s attorney seemed to suggest that the woman was in her twenties when the abuse occurred.
The diocesan victim compensation panel found her story believable and offered her compensation, but Bishop Malone said last year that there was still confusion about whether the victim was a minor at the time of the abuse.
As of Jan. 2019, Maryanski’s name was not included on the diocesan page of credibly accused clergy, but it has since been added. Maryanski was removed from ministry last year.
In another case, Father Robert Yetter garnered three sexual harassment complaints. Malone and Grosz reprimanded Yetter, and placed him on “voluntary leave,” WKBW reported late last year. Because the case did not involve minors, the diocese does not publicly list Yetter’s name.
Malone has also faced questions about his handling of the case of Fr. Art Smith, whom Malone’s predecessor Bishop Edward Urban Kmiec placed on leave in 2011, after the mother of a boy at St. Mary of the Lake school complained that the priest was sending inappropriate Facebook messages to her son.
Malone reinstated Smith to ministry in 2012, after the accused priest spent time in a Philadelphia treatment center, according to an investigation by local news station WKBW.
“Maybe I could have looked at it in a different way,” Malone said last November.
“We had decided with Art Smith— because, again, the Facebook incident did not rise technically to be sexual abuse— to keep him in some limited ministry,” Malone told WBEN.
Malone pointed out that he did not again assign Smith to a parish setting. Despite this, the WKBW investigation revealed that while working in nursing home, Smith heard confessions at a diocesan Catholic youth conference attended by hundreds of teenagers in 2013. There were also reports of inappropriate conduct with adults in the nursing home.
“That backfired, too, because even sending him to work in a nursing home…nothing happened with children, but there were some inappropriate actions with adults. So we were dealing with him, but not in a way that I would do now. I admit my failure there,” the bishop said.
He also signed off to allow Smith to become a chaplain on a cruise ship in 2015, and the bishop said now he is “kicking [himself] for that.”
Smith is currently listed on the diocesan page for clergy with substantiated claims of sexual abuse of a minor.
Malone has since suspended a number of clerics, including in Nov. 2018 a young priest from south of Buffalo for alleged sexual misconduct with an adult woman. Most recently, on Sept. 7, the diocese announced that allegations of abuse of a minor against Father Louis S. Dolinic had been substantiated and the priest would remain on administrative leave while the Vatican made a final determination.
In August 2018, WKBW published an investigative report revealing that Malone’s former executive assistant, Siobhan O’Connor, leaked internal diocesan documents to the press which suggested that Malone worked with diocesan lawyers to avoid releasing publicly the names of some diocesan priests accused of misconduct.
Several of the allegations involved boundary violations or sexual misconduct against adults, meaning that the diocese was not required to take action against them in the same way that it would allegations of sexual abuse of minors, under the 2002 Charter for Protection of Children and Young People.
Malone said that while he sought to follow the Charter’s requirements, he “may have lost sight of the Charter’s spirit, which applies to people of all ages.”
O’Connor has been continually calling for Malone’s resignation.
“Be truthful with us, Bishop Malone. Put an end to this toxic secrecy and painful silence,” she wrote in a Nov. 4, 2018 op-ed in The Buffalo News.
“And, if you love us, begin the process of allowing new episcopal leadership to come to our diocese.”
In Sept. 2019, WKBW released recordings of private conversations between Bishop Malone and Fr. Ryszard Biernat, Malone’s former priest secretary, which appear to show that Malone believed sexual harassment accusations made against a diocesan priest months before the diocese removed the priest from ministry.
Biernat recorded the conversations as the bishop discussed how to deal with accusations against Fr. Jeffrey Nowak by then-seminarian Matthew Bojanowski, who accused Nowak of grooming him, sexually harassing him, and violating the Seal of the Confessional.
In an Aug. 2 conversation, Malone can reportedly be heard saying, “We are in a true crisis situation. True crisis. And everyone in the office is convinced this could be the end for me as bishop.”
In one conversation from March, Bishop Malone seems to acknowledge the legitimacy of Bojanowski’s accusation against Nowak months before the diocese removed Nowak from active ministry.
Despite this assessment, Nowak was not removed from ministry until Aug. 7, one day after the seminarian’s mother accused Malone of allowing Fr. Nowak to remain in ministry despite the allegations against him.
Biernat says he made the secret recording after Nowak became jealous of Biernat and Bojanowski’s close friendship. According to a conversation taped Aug. 2, the bishop was concerned that media coverage would focus on a possible “love triangle” between Nowak, Bojanowski, and Biernat.
Biernat also says he was a victim of sexual abuse by Father Art Smith. He alleges that Auxiliary Bishop Grosz threatened to halt his ordination as a priest and have him deported to Poland after Biernat complained in 2004 to Buffalo Diocese administrators that he was sexually assaulted by a priest, according to The Buffalo News.
Grosz has since “categorically” denied the claim.
Reaction in Buffalo
Malone is remaining firm that he will not step down. He reiterated his conviction that he will remain as bishop in a Sept. 6 interview with WBEN Radio.
A lay-led petition calling for his resignation has garnered nearly 10,000 signatures as of press time. A number of clergy have written open letters to local publications calling for Malone’s resignation.
Father Robert Zilliox, of St. Mary’s Catholic Church, drafted a letter in early September calling for Malone and Auxiliary Bishop Grosz to resign.
“We, the People of God that constitute our diocese, are angry, hurt, and in need of authentic, humble, sincere and holy spiritual leadership. We believe that despite your good work in the past you are no longer able to provide that leadership,” the letter reads, as quoted by WKBW.
In mid-August 2019, twenty-two plaintiffs filed a lawsuit against the Diocese of Buffalo, a province of the Society of Jesus, multiple priests, eight parishes, three high schools, a seminary, among others, alleging “a pattern of racketeering activity” that enabled and covered up clerical sexual abuse.
The lawsuit was filed on the first day of a legal “window” allowing for sexual abuse lawsuits to be filed in New York even after their civil statute of limitations had expired.
Among the plaintiffs, who have not been publicly named, are several alleged victims of clerical sexual abuse. The lawsuit alleges specific instances of sexual abuse by priests, and claims that the diocese failed in its duty of care towards children by allowing abusive priests to have contact with minors through parishes and schools.
Calling the diocese and affiliated organizations an “association in fact” for the purposes of federal racketeering laws, the suit alleges “common purpose” in “harassing, threatening, extorting, and misleading victims of sexual abuse committed by priests” and of “misleading priests’ victims and the media” to prevent reporting or disclosure of sexual misconduct.
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With the lead-in picture of the ring hand, reminds me of the “diamonds are forever” jingle; often seems more of a fantasy with earthly marriages.
“We cannot reduce a human situation to a prescriptive one” [Francis] translates the Roman Pontiff does not want the Church to be constricted by [to adhere to] doctrine. Whether Benedict XVI expressed an opinion [neither is an opinion a proscription] that a given number of marriages are invalid due to lack of faith that cannot be made an assumption that every divorced and remarried outside the Church falls into that category. If we accept that assumption on invalidity [Benedict’s alleged opinion] as a standard for judgment then that doubt must be presumed for all.
Pope Francis immediately after publication of Amoris Laetitia announced that most presumed sacramental marriages are invalid. Then walked it back following the expected uproar. That has been his gradual process of seeking to modify doctrine. Timing is essential.
A person unless retarded knows what an affirmation is [when exchanging vows]. If they don’t [due to lack of faith] they will likely remain as oblivious even if after a similar process of instruction they’re conferred the Holy Eucharist. Based on these premises this new document on divorced and remarried may well be footnote 351 on steroids.
Card Kevin Farrell, McCarrick associate when assigned to DC is one of the fast rising stars selected by His Holiness to complete the large tent Church renovation. Numbers versus quality, secular religiosity versus adherence to revelation. Unless I’m wrong and happily surprised.
“…without an annulment.” The easy-annulment mentality of the last fifty years has in effect amounted to being a Church endorsement for divorce. Oh, but annulments are NOT Catholic divorce, said Bishop James Conley in the Denver Catholic newspaper a decade ago or so. Sorry, bishop. they really are, in every way but officially. And every time the Church grants an annulment, it guarantees that there will be many more — the annulment mentality is part of the Church now. Thank you, New Springtime of Vatican II.
Yes!
This document like so many others emanating from this pontificate are DOA.
Excerpt: Pope Francis said. “When young people say ‘forever,’ who knows what they mean [by] ‘forever.’”
It is not just YOUNG people. My new wife and her maniacal first husband were divorced since she could no longer deal with his bipolar disorder. He died before I met Gail. I am a widower who lost my first wife at age 42. For 13 years I was single and alone. Then I met Gail and after a year we decided to get married. We were deeply in love and planned a lifetime together. That was when we experienced the harshness Catholic Church. Our parish priest would not marry us because Gail was divorced without an annulment. The fact that her first husband was now dead meant little. Across from St. Josephs was the Old Dutch Church where my friend Rev Paul Bennis was rector. After several “pre-cana” sessions he married us. We returned to St. Josephs, but were not given the Host. We have settled in and look forward to a long life.
When people get married, they are no longer free to take another partner, in other words, they are “reserved”. When Gail’s husband died, she was no longer “reserved”, and was free to marry for a second man. As for her civil divorce, I don’t know if she incurred any censure or canonical penalty. The remedy would have been a good confession with a knowledgeable priest. How could her parish priest refuse to marry her to a single man, and then refuse her Communion? As recounted by morganD, it seems altogether a bad decision. Another question: where was her bishop?
Marriage ends at death. It is unbelievable that a priest would claim a woman is not free to marry after for the sole reason that she is already married to a dead man.
“Practice continence within their marriage”??? Really?? Excuse me while i roll on the floor laughing. Who on earth does that?? There are a few anecdotal stories of some saintly couples in the long past supposedly doing that. But certainly that is beyond rare. Expect the report to approve of more secular practices for the divorced and remarried. To be kind and merciful of course, which appears to now trump standards if amy kind. And if the Pope assumes most catholic marriages are invalid, dispense with marriage as a sacrament and call in a govt justice of the peace. People are not improved when LESS is expected of them. Is the request for this report the popes way of distracting attention from the results of the recent German synod??? I think the tesults of this report will be sadly predictable.
Marriage is about the procreation and education of children for heaven. But in 1969, Rotal Judge Lucian Anne (accent over the “e”) proclaimed that from then on it was about much more as in a partnership of the whole of life.
But there is no list of how this partnership is defined. Couples can violate it in ignorance; only tribunal judges know how to find evidence that invalidates their marriage under, almost always, canon 1095.2 and 1095.3.
American diocesan marriage tribunals are corrupt. Ask those children who cried themselves to sleep for years, only wanting Mom and Dad back together. And the ” church” let them down again and again.
Using marriage as an indicator of anything relevant to the Church is useless. Casual sex, cohabiting, exploitation of children are rampant, and the wedding ceremony itself is given far more effort than the actual marriage. The truth is that the only one who can police Communion is Christ Himself.
I look forward to the day the Church implements our existing canon law and doctrine about those “having a failed marriage behind them.” The Church, not the government, has competence to decide spouses’ obligations toward each other and their children. No-fault divorce is virtually illegal for Catholics who are bound to follow canon law. For every so-called failed marriage there is one person (or two) who chose to break marriage promises by abandonment, abuse, or adultery. See my blog https://marysadvocates.org/please-stop-saying-those-who-experience-divorce/
Thank you for that post. My wife walked out of our marriage with no effort, no care, no apology, no remorse. She had committed adultery for several years and left for the other man. I would have done anything to save my marriage and took my vows seriously. She did not. Now I suffer as do my adult children.
70 testimonies of adult children of divorce is a must read in Primal Loss by Leila Miller for all clergy and lay Catholic counselors
I have so many questions about this. I was Catholic for almost 20 years, a convert as an adult. My first marriage was not in the church and he was abusive. My priest basically told me to leave him or I might die and he didn’t want to preach my funeral mass. I did, and we divorced. I got married again, once again not in the Church and we were married for 10 years. I had left the Church due to the marriage thing. After the 10 years, he announced he never loved me and he was in love with another woman and basically threw me out. I moved 800 miles away to my sister’s and went to the local church to talk about this and what to do about coming back. That priest told me to go home, throw her out, and tell my husband he had to stay with me. Uh, not happening, and I walked away from the church again.
A year and a half later I met a man who was perfect for me. We were in a whirlwind romance and after doing a handfasting with friends, got the JP ceremony. That was 30 years ago and we’re happier than we’ve ever been. He was divorced too, just getting over it. We worked through the baggage from our pasts and we have grown into a really comfortable, loving marriage.
Now I’m feeling the call to go home to the Church. I keep reading I have to get annulments, I have to live like “brother and sister” with my beloved husband while that’s going on. My first husband is dead, I’ve not had contact with the other one in about six years (at a wedding for our daughter). I don’t know what to do about this whole thing. If I can’t have sacraments, why go back? I can pray at home, I can read on my own. I can watch mass online.
My husband wouldn’t be adverse to conversion, depending on how he finds things. He grew up Methodist, very active since he played piano for the church and his father was a deacon and a lay minister. He has said he will accompany me to mass if I wanted to go.
So, when the Church talks about having to annul a marriage, if you’ve never been married in the Church, is that still valid? I’m very convused.