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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Exiles en route to paradise. My favorable opinion of two men who served Christ and Church faithfully. Cardinal Burke, candid, faithful to the Church, the Chair of Peter too candid for His Holiness. Archbishop Gänswein, caught in the middle of Benedict’s controversial co authorship to Cardinal Sarah’s recalcitrant book From the Depths of Our Hearts: Priesthood, Celibacy and the Crisis of the Catholic Church – a sure source of irritation to Pope Francis sealed his eviction notice.
So they’re off to relatively greener, more welcoming pastures. Nevertheless, they remain needed voices in witness to the truth. As Card Burke continues to speak, hopefully so will Archbishop Gänswein.
Hopefully everyone. Something needs to puncture the stubborn pride of Francis. Just last night I tuned to a Catholic channel and watched the midpoint of what appeared to be the Angeles address read by an aide, with Francis sitting beside him, televised to the ever decreasing assemblies at St. Peters. Near the last paragraph Fracis, energetic and agitated, prodded his aide to allow him to now read what was apparently a big laugh and applause line at the finish for the crowd. His ego is always on the line, and this is the real theme of his pontificate, not the service of Our Lord and certainly not the Deposit of Faith. Whatever it takes to make him seem like the greatest pope in history no matter how many reversals in the process are necessary to keep the flames of attention focused on him.
An exceedingly thin-skinned Pope. Its fortunate that the Pope cannot stamp his feet at regular parishioners and make them go away as he does the Cardinal. My guess will be more than a few Catholics have left the church already and more will go, taking their money with them.The Cardinal will head to a more welcoming place, I am sure. Its no secret the Pope dislikes Americans. Except of course those who are breaking church law. What he may NOT know is that Americans have never cared WHO likes us around the world, and that includes the Pope. We have not cared for over 200 years. Shaking in our boots is just not an American “thing”.
And many more are happy and very content in The Church. And as you say and think, people around the world do not care for Americans…but, maybe it is time you do.
Some do not care a whit what men think about us. We do care what God thinks. Which do you think is more important?
Many are happy and content? In what fantasy? Everyone I see at church looks to be over 60 years old, and nobody lives forever. Our church seats 700, and USED to be filled. Now we are lucky to get 120 people at Sunday Mass. What happens when those faithful folks dies? The younger people have defected. Sexually abusive incidents and a Pope who dabbles in radical changes to Catholic theology by making coy remarks ( like, who am I to judge?) absolutely does NOT help build up the church. Neither does attacking those who favor the Latin Mass ( I am not one of them by the way)where attendance is booming.But he sees fit to suppress that. Brilliant.
AS for caring what the rest of the world thinks of us, dont hold your breath honey. We know the rest of the planet are hypocritical enough to want our tourist dollars and our soldiers when needed.But otherwise they have no desire to understand the country or it’s culture. Nor do many of them have enough respect to immigrate here legally, as recent years have shown loud and clear. They too, come for a free hand-out. They are users. So why, exactly, are we supposed to care what ANY of them think?? Newsflash: we don’t. Americans are known to be pragmatic. That holds in this situation as well. I notice that people will risk DEATH to come here, while leaving behind these so-called great countries elsewhere where we are hated. Maybe you should open your eyes a little more to reality.
LJ,
Catholicism is in fact doing well in the Global South even in the face of terrible persecution.
Church memberships are falling in the West for almost every denomination, excepting the Anabaptists. There are pockets of devout Catholics in the US and we’re blessed to live in one of those regions.
Our overall population is ageing so I suppose we should expect to see many more folks over 60 at Mass.Latin Masses may differ.
How much more petty can this Pope get? I would think he fears death and his particular judgment but I guess he believes his vision of the church as an NGO is the way to go.
This Pope is a bully – a street thug sporting a pectoral cross. Christ told us that how you treat others will determine the standard by which He’ll judge you.
Perhaps indeed, the First shall be last.
I am reminded of the statement by that great American, David Horowitz:
“Inside every progressive is a totalitarian screaming to get out.”
It’s certainly true of Bergoglio, one of the less Christlike figures ever to occupy the papacy.
Yes, threatening & so closed to dialogue. So reproachful.
Great point./….I coincide with you 100%
Cardinal Burke is a humble man and a wonderful shepherd. It takes a petty, spiteful, little man to make a public pronouncement of this sort about another prelate and then to follow through with this action. It underscores the division Bergoglio has willfully created within the Church. Really pathetic. His action was very likely a violation of Canon 196 and related canons and Fr.Gerald Murray provided an excellent analysis of this. Of course, thugs don’t care about the rules. This action makes it appear Traditionis custodes was likely nothing more than a revenge shot against Cardinal Burke, et. al. Leo XIII: “Most cunning enemies have filled with bitterness and drenched with gall the Church, the Spouse of the Lamb without spot, and have lifted impious hands against all that is most sacred in it. Even in the holy place where the See of Blessed Peter and the chair of truth was set up to enlighten the world, they have raised the abominable throne of their impiety…”
Hey Randy! I got that about Francis being “spiteful,” but “little” confused me a bit. Then I realized you were talking about his character and his ‘virtue.’ In factual, manifest, visible reality, the man is morbidly obese. IOW, Big. I have read that he likes pasta.
excellent commentary!!
Nothing will suppress the Tridentine Mass; the love its adherents have for it is so strong, that it will be celebrated in rented halls, people’s homes and elsewhere if totally outlawed by Pope Francis. I can’t imagine a Novus Ordo equivalent to Archbishop Lefevbre if the new rite were suppressed.
“The Successor of Peter is the rock which guarantees a rigorous fidelity to the Word of God against arbitrariness and conformism.”
This is the clear teaching declared by the then-CDF headed by then-Cardinal Ratzinger in 1998.
“I can only express my respect for him and my gratitude for his courageous witness to the faith.”
This is the confession of support by Cardinal Burke in the drama intended to smear Pope Francis now revealed to have been staged and financed by Taylor Marshall in the stealing of that indigenous statue from a Roman church and its throwing into the Tiber river.
This is Cardinal Burke who presents himself and enabled by the hard rightist Catholic media like the anti-Pope Francis EWTN media empire (of which CNA is a part of) as the voice of orthodoxy in contrast to a heterodox pope.
Compare and contrast the CDF teaching and Cardinal Burke’s position.
It is just and proper that he be stripped of his Vatican housing and salary. He should instead be paid by the likes of EWTN, or perhaps by CWR.
Gosh, those two cherry-picked quotes taken entirely out of context sure changes my mind! And Taylor Marshall is such a bogeyman, isn’t he? Thank you so much, “Deacon Dom”!
“..financed by Taylor Marshall in the stealing of that indigenous statue from a Roman church and its throwing into the Tiber river.”
I think I would have contributed a few dollars towards pitching that idol in the Tiber if I’d been asked to.
🙂
I’d like to have been the one to not only have thrown the pachamama into the drink but some inhabitants living near where they threw it into the Tiber with it.
That tree in the back garden of the Vatican in the name of pochamma also needs to be thrown in the Tiber. My concern is the silence coming from fellow cardinals , bishops and clergy.
Deacon Dom, all due respect, but your pinball machine got all its circuits crossed and is going wowzers cancelling its points! Some new kind of binary!
Indigenous statue … smear campaign … should be paid … by EWTN … arbitrariness … conformism … guarantee … heterodox Pope … DNA drama!
Take your pick here.
THE WHO!
https://www.youtube.com/watch?v=hHc7bR6y06M
LONNIE IRVING
https://www.youtube.com/watch?v=rAD_0Cd7MS0
Clever, Elias. I like it!
Yours sounds like a “hard leftist Catholic” screed. It’s tough when the Pope needs apologists to help get this papacy out of the gutter.
In reply to Dom:
Unfortunately for the Church, in light of the history of an ample number of previously recognized bad pontiffs, being “the successor of Peter” doesn’t necessarily mean much.
No one likes cherry-pickers, Dom. Nevertheless, I’ll take my cue from you, teacher that you pretend to be: Here’s a cherry I picked just for your edification. “The term DOM is slang that refers to an older man who engages in inappropriate behavior, particularly towards younger women. It is commonly used in the workplace to describe a man who makes unwelcome advances towards younger female colleagues. The term carries a negative connotation and is not something one would want to be associated with.” (FluentSlang.com)
Having said that, here is the fuller context and more complete textual tree from which you chose your cherries:
“The Roman Pontiff – like all the faithful – is subject to the Word of God, to the Catholic faith, and is the guarantor of the Church’s obedience; in this sense he is servus servorum Dei. He does not make arbitrary decisions, but is spokesman for the will of the Lord, who speaks to man in the Scriptures lived and interpreted by Tradition; in other words, the episkope of the primacy has limits set by divine law and by the Church’s divine, inviolable constitution found in Revelation.”
Have you swallowed that yet? There is more:
“The Successor of Peter is the rock which guarantees a rigorous fidelity to the Word of God against arbitrariness and conformism: hence the martyrological nature of his primacy.” (Congregation for the Doctrine of the Faith, The Primacy of the Successor of Peter in the Mystery of the Church, October 31, 1998, n. 7).
Spot on!!!
So how do you reconcile the indisputable rigorous hatred of many tenents of the Catholic faith and those who give it faithful witness by Francis with his responsibility to not hate the Catholic faith and those who give it faithful witness?
Jesus had “enemies” too but he loved them; he did not condemn them
Amen….. it is just so sad that we don’t have a wonderful Pope like St. John Paul!!!!!My daily prayers for the wonderful Cardinal Raymond Burke.
The Pontiff Francis act is vindictive and contemptuous, revealing himself, once again, as having no spiritual or moral authority, having reduced himself to nothing but a petty tyrant.
The contemptuous acts of the Pontiff Francis against abuse victims, faithful laity, priests, bishops and Cardinals, is no surprise whatsoever, as the same Pontiff Francis signaled his contempt for anyone who opposes him, and his contempt for any authority except himself, when he orchestrated the Pachamama idolatry event.
The Pontiff Francis has shown that he is disoriented from Christ the Head of the Church, and disoriented from the Holy Spirit.
Holy Mary Mother of God, St. John the Baptist, St. Michael the Archangel, and all saints and martyrs: Pray for us, for the Church.
As to what Chris writes above, ditto for me.
Amen to that! Is there any chance our next Pope could be more in line with the God’s Word and the Catholic Church? Or is the fix in to have a like successor?
Jesus of Nazareth, the Son of Mary and Joe was born in a stable with shepherds, and companion species for company. Guys out there need to ponder, meditate, reflect, and contemplate the life and times of Jesus the Savior.
+Burke won’t lack for money and lodgings given his popularity. There will likely be a helpful backlash against Bergoglio and his malcontents that will last through the next conclave. So consider this petty, mean-spirited move a likely productive blessing.
I am a senior citizen who attended Catholic schools in the 1950s. We were always taught the importance of charity, love of neighbor, seeing Christ in people.
From what I see, this pope isn’t interested in any of these things – witness, Bishop Strickland, Archbishop Ganswein, those who worship at the Latin Mass. And now we have Cardinal Burke.
How can people who have said so many Masses and prayers act this way? Hardly a great testimony for evangelization. Who would be inspired to join a church like this?
You certainly speak for me as well Francy. Well said.
Frankly, the Pontiff Francis is an utterly appalling priest, bishop and pontiff.
Last week a priest reminded his congregation that Judas was a disciple. God has his reasons for allowing evil to prowl about the world, seeking the ruin of souls. We faithful should take note, take courage, and take The Word for ours.
It is not Cardinal Burke who undermines the Chair of St. Peter, but its current occupant.
When I see Francis, and the dwindling crowds at the Vatican, I also see the closing scene from The Godfather III, with an elderly Michael Corleone, sitting by himself, alone, having vanquished his enemies, yet with no true friends by his side. He knows no loyalty or honor, only resentment and unquenchable urge for control. He is, in the final analysis, an object of pity.
The reality is that the Pope’s broadcasts affirm people in their bad ways and their determination to stand by error; and then, now, in the name of the Pope. This is happening with people who have no care for sideline issues like Pachamama but make it useful reference for their schemes.
False corroboration is a witness in the sense that it proves that wrong can only ever be wrong. Indigenous people and the like who have had true conversion would have keen insights on this in faith and in common sense. The Pachamama affair in Rome would be the more acute for them.
Pachamama is a deity/false god. It is not a child’s doll you take for a blessing at Christmas. Would you bless an effigy of the Greek’s pan or the Chinese pangu? Of course not.
In Trinidad and Tobago they have fused the Hindu goddess kali into the celebration of La Divina Pastora and they freely use the Hindu designation for the resulting persona, “suparee mai”. Catholic priests proclaim with complete assurance it “simply” means “she is mother”. Well you should research what kind of mother kali represents to know the absurdity of it! More than 100 years already and counting.
In addition, what “suparee mai” actually translates to, from Hindi, by active sense, is, as any honest Hindu will admit, “kali’s true devotee”. At the celebration on the parish grounds Hindu men were performing the kali rituals and placing their “offerings” to the statue. Called local tradition.