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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““We focus on sex and then we do not give weight to social injustice, slander, gossip and lies.”
We focus on sex becaust at the moment that is the sin that is being pushed most, with claims tha sexual sin is not evil and that we must be “tolerant.”
“Have you never seen young priests all stiff in black cassocks and hats in the shape of the planet Saturn on their heads? Behind all the rigid clericalism there are serious problems.””
There are a lot fewer problems with them, I suspect, than with the young priests who are schlepping around in lay clothes being just one of the guys. The ones in the cassocks and with the hats are at least remembering that they are priests.
More often than not..one of the GAY guys.
Whats a BILLION babies murdered by abortion to this Pope….just a chance to bash Catholics who take the faith seriously.
As we have come to endure, Pope Francis makes one good point by unmaking another. No, clericalism is NOT a “fixation on sexual morality”…
Instead, clericalism–as the collared form of domination–is rooted in lust. The height of clericalism in all its forms is to appropriate what is not our own.
From St. Paul: “Do you not know that your bodies are temples of the Holy Spirit, who is in you, whom you have received from God? You are not your own” (1 Cor 6:19). And this from St. Augustine who, from early personal experience, surely knew what he was talking about:
“But to return to the word ‘lust’. As lust for revenge is called anger, so lust for money is avarice, lust to win at any price is obstinacy, lust for bragging is vanity. And there are still many other kinds of lust, some with names and some without. For example, it would be difficult to find a specific name for that lust for domination [clericalism!]which plays such havoc with the souls of the ambitious soldiers and comes to light in every civil war” (Book XIV, Ch. 15).
The Church itself is now in civil war–betrayed by the lust of an evasive “clericalism” that would enable and normalize the homosexual subculture even within the Church! There’s also the insight, maybe from a former pope, that while perhaps overrated in itself, sexual failing is nevertheless an open door to all of the other fatal vices, including those now flagged by Pope Francis (“social injustice, slander, gossip, lies”).
“Have you never seen young priests all stiff in black cassocks and hats in the shape of the planet Saturn on their heads? Behind all the rigid clericalism there are serious problems.” Truly, the hatefulness of this man knows no bounds. He sees modesty and virtue, devotion and piety, self-effacement and discipline with a jaundiced and sickly eye!
Francis is preparing the soil for what comes out of the German Synod.
I am very touched by Pope Francis humanity. He is wonderful gift to the church and the word. A true shepherd.
Marxists are always probing for weaknesses in the society they wish to destroy. Extreme poverty is inexcusable but Marxism draws its diabolical strength from envy. Sexual immorality leads to poverty of unwed mothers or abandoned wives and children, AIDS and other STDs and abortion. Sexual immorality has destroyed western civilization.
And yet, so much of the focus on sexual immorality concerns homosexuality rather than adultery or straight up fornication. No woman was ever left an unwed mother due to homosexual activity.
No woman was ever left an unwed mother due to homosexual activity.
You conveniently omitted the caveat “that I know of.”
And yet, so much of the focus on sexual immorality concerns homosexuality rather than adultery or straight up fornication.
80%+ of abuse committed by sexual deviants masquerading as Catholic Priests involves homosexual ephebophilia. The Pontiff might be capable of multitasking – although that remains in doubt – but he needs to first purge the seminaries, consecrated religious and Priesthood of homosexuals before he can have any credibility judging the sinful behavior of adulterers and fornicators.
OMG!
A true shepherd.
A true shepherd wouldn’t cultivate schism.
Pope Francis is The best pope we have had in my lifetime and I was born 15 yrs before the death of Pius XII.
“We focus on sex and then we do not give weight to social injustice, slander, gossip and lies. The Church today needs a profound conversion in this area,” the pope said. Most of the young priests in cassocks coming out of the seminaries unscathed by those clerics that the clericalists won’t remove are in fact well balanced in morality, liturgy, and charity. If things can be said of a priest who does not know his flock, what should be said of a Pope who does not know his priests.
Pope Francis is right, fundamentalism and Catholic fundamentalists spend way too much focus on sexuality and ignore the worst sins going on in the world! it’s time for people to reread what Jesus had to say about what’s really important
Blaise Cupich, is that you?
At least we have a clue as to why PF did nothing about McCarrick, did not respond to the Dubia, protected his abusive friend Bishops in South America, and told the American Bishops to take a hike when they tried to convene to do something about the 2018 summer of shame clerical sexual abuses. He just doesn’t see Greed and Lust as being that bad at all, despite them still being on the list of capital sins.
Based on the Pope’s statements, I guess that he must regard Jesus, Mary, and Joseph, and all the virgin saints as being too sexually rigid. By his non-standards their chastity must be completely unacceptable to the modernist wing of the Church.
The millions of lives lost to abortion and the millions more ruined by the sexual revolution (which includes persons sexually abused by Priests who have betrayed their vow of celibacy) are far more important and a far more immediate threat to the world than climate change or migrants.
“… Have you never seen young priests all stiff in black cassocks and hats in the shape of the planet Saturn on their heads? Behind all the rigid clericalism there are serious problems.”
The Pontiff’s tendency to utter foolish, nonbinding, prudential statements and his well documented apathy and indifference to the heretics polluting the clerical state are legitimate, serious problems not the traditional head gear and clerical attire worn by faithful Priests.
ACTION ITEM! SATURNOS FOR CLERICS!
“We focus on sex and then we do not give weight to social injustice, slander, gossip and lies”. Unless the Pontiff has discovered a new sanctification for the Christian and for all persons historically personal holiness is what initiates authentic compassion for the underprivileged and the environment evidenced in Medieval Catholicism’s initiating hospital care for the poor, monastic advancements in agricultural development, care of animals Francis of Assisi a prime example. The dearth of effective response in the world at present is due precisely to secularist global organizations and their benefactors who persistently foster a political agenda of unprincipled morality in guise of freedom [Catholicism has been verbally attacked by senior UN officials for being against contraception and abortion – although some Catholic agencies have succumbed especially in support of tho Pontiff]. It is reducible to conversion to a secular humanist vision that inhibits convincing response. What viable impact has the ‘brotherhood’ of secular socialists had? George Soros a prime example who had said he is like God. Because Pope Francis follows his bidding in principle. Certainly there is evidence of parallel interests and known monetary support to Church social justice programs and nominal Catholic political candidates. Abortion on the demand focus off traditional family structure acceptance of where you’re at morally. Except if you’re rigid wear a cassock teach the truth on sexual morality – not the gravest yet the most prolific sin the likely major cause for eternal condemnation.