April
21
  11:07:18 AM

The NY Times and the facts of the Kiesle case


Law professor John Coverdale wrote this letter to the New York Times. It has not been published. 

"Like many other people, I have felt in recent weeks that some news outlets have unfairly targeted Pope Benedict XVI in connection with sexual abuse by priests.

In part this is a question of emphasis, with daily coverage of what may or may not have been minor mistakes in judgment decades ago and almost no attention to the major efforts Pope Benedict has made to remedy what is undeniably a horrible situation.

With some frequency, however, I have observed what strikes me as deliberate distortion of the facts in order to put Pope Benedict in a bad light. I would like to call your attention to what seems to me a clear example of this sort of partisan journalism: Laurie Goodstein and Michael Luo’s article “Pope Put Off Move to Punish Abusive Priest” published on the front page of the New York Times on April 10, 2010. The story is so wrong that it is hard to believe it is not animated by the anti-Catholic animus that the New York Times and other media outlets deny harboring.

Canonical procedure punishes priests who have violated Church law in serious ways by “suspending” them from exercising their ministry. This is sometimes referred to as “defrocking.” (According to Webster’s New Collegiate Dictionary to “defrock” is to deprive of the right to exercise the functions of an office. )

A priest who has been suspended may request that he be released from his vows of celibacy and other obligations as a priest. If granted, this petition to be “laicized” would leave the former priest free to marry. Laicization (which is altogether different from defrocking and which may apply to a priest who has committed no crime but simply wishes to leave the priesthood) is not further punishment. It is something a priest who has already been punished by being suspended might well desire, as do some priests who have committed no crime and who have not been suspended..

The priest who is the subject of the article had already been punished by being suspended long before his case reached Rome. He asked to be laicized. Cardinal Ratzinger delayed his laicization not his “defrocking” as the article incorrectly says. He had been defrocked years earlier when he was suspended from the ministry. All of this is clear without reference to outside sources to anyone who knows something about Church procedure and reads the article with sufficient care. It is anything but clear, however, to a normal reader.

 My complaint here is not that the article misuses the word “defrock” but rather that by so doing it strongly suggests to readers that Cardinal Ratzinger delayed the priest’s removal from the ministry. Delaying laicization had nothing to do with allowing him to continue exercising the ministry, from which he had already been suspended.

Not only does the article fail to make these distinctions, it positively misstate the facts. Its title is “Pope Put off Move to Punish Abusive Priest.” [italics added] It describes Cardinal Ratzinger’s decision as involving whether the abusive priest “should be forced from the priesthood” [italics added]. Even a moderately careful journalist would have to notice that all of this is incompatible with the fact (reported in the second paragraph of the article) that the priest himself had asked for what Cardinal Ratziner delayed.

Had the facts been reported accurately, the article would have said that the priest was promptly punished by being removed from the ministry for his crimes, but that when he asked to be reduced to the lay state, which would have given him the right to marry within the Church, Cardinal Ratzinger delayed granting the petition. That, of course, would hardly have merited front page treatment, much less a headline accusing the Pope of “Putt[ing] off Move to Punish Abusive Priest.”

The second half of the article reports that the priest later worked as a volunteer in the youth ministry of his former parish. This is obviously regrettable and should not have happened, but he was not acting as a priest (youth ministers are laymen, not priests).

 A careful reader who was not misled by the inaccuracies in the first part of the article would, of course, realize that his volunteering as a youth minister had no factual or legal connection with Cardinal Ratzinger’s delaying the grant of laicization. The article does not say in so many words that it did, but an average reader might well conclude that there was some connection when he is told that “while the bishop was pressing Cardinal Ratzinger to defrock Mr. Kiesle, the priest began volunteering in the youth ministry of one of his former parishes.”

Any one of these errors might be due to carelessness, but their cumulative effect, coupled with the decision to make this front page news accompanied by a two column photo of Cardinal Raztinger’s signature, strongly suggests to me that something worse than carelessness is involved. I urge you to look into whether some major news outlets have indeed been engaged in a campaign to vilify the Pope and into whether their desire to do so has caused them to slip below minimum standards of professional journalism"

John Coverdale is Professor of Law at Seton Hall University School of Law

 

 
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