2 - The Michigan Daily - Tuesday, September 28, 2004
Bishop not charged in rape case
Despite newly unsealed indictment in the trial.
SPRINGFIELD, Mass. (AP) - A
district attorney said yesterday that he
would not prosecute Roman Catholic
Bishop Thomas Dupre on child rape
charges - despite a newly unsealed
indictment in the case - because the
statute of limitations has expired.
In the indictment released yester-
day morning, Dupre was charged,
with molesting two boys in the 1970s,
becoming the first Roman Catholic
bishop to face criminal charges in the
sex abuse scandal that has rocked the
However, the grand jury returned
indictments only related directly to
child abuse, and not to other possible
charges such as witness tampering
and obstruction of justice. Without
those indictments, Hampden District
Attorney William Bennett said he
was precluded from pursuing the case
because the statute of limitations in
force at the time of the alleged crimes
was limited to six years.
"Even with probable cause, there was
a strong possibility that prosecution of
such allegations could be barred by the
statute of limitations," Bennett said in a
news conference hours after the charges
Dupre, 70, cited health reasons
when he resigned in February after
nine years as head of the Springfield
Diocese. But his departure came one
day after The Republican newspaper
of Springfield confronted him with
allegations he abused two boys while
he was a parish priest.
The indictment was handed up by a
grand jury Friday and unsealed yester-
Bennett said the grand jury was
all aspects of
ing whether he
tried to cover
up the abuse
and whether he
had abused any
in the spring
that he would
present the case
to a grand jury,
"Even with r
be barred b
Bennett said the investigation
uncovered no evidence to suggest
there were any other victims, nor
was there evidence that any church
officials were aware of the allega-
tions until they became public ear-
lier this year.
He also said that there was no evi-
dence Dupre destroyed or concealed any
evidence of sexual
probable misconduct by
other church offi-
was a cials.
Sthat The bishop's
ity that lawyer, Michael
of such Jennings, said he
would ask a judge
could to dismiss the
ythe his client, arguing
. ,, that the statute of
rlitations limitations had
William Bennett "At the time
of the alleged
istrict Attorney crimes, there was
a six-year statute
of limitations," Jennings said. "It's
clear to me that this doesn't work for
According to the indictment, Dupre
started raping one of the boys in 1976
in Chicopee and West Springfield; he
started abusing the other boy in 1979 in
Dupre's alleged victims, who filed
lawsuits against the bishop and the dio-
cese, have said the abuse continued for
years and that Dupre asked them to keep
quiet about it when he was made auxil-
iary bishop in 1990.
Mark Dupont, a spokesman for the
diocese, said Dupre's successor, Bish-
op Timothy McDonnell, would have
no immediate comment on the indict-
There have been at least a dozen
grand jury investigations involving
how bishops dealt with abuse claims,
and four bishops have resigned after
being accused of sexual misconduct.
But Dupre was the first U.S. prel-
ate indicted on charges of molesting
After his retirement, Dupre went t
St. Luke Institute, a private Catholic
psychiatric hospital in Maryland where
the Boston Archdiocese sent many
priests for treatment after sexual abuse
allegations were made against them.
The institute treats priests with emo-
tional, behavioral, and psychological
problems. Dupre's current whereabouts
were not immediately known.
One of Dupre's accusers, who immi-
grated to America in 1975, said the
abuse began when he was 12 after hi
family was befriended the priest.
he initially conceded that it could be
difficult to charge Dupre with abuse
because of the statute of limitations.
But the prosecutor said later that
Dupre could be charged because of
more recent attempts to conceal the
NEWS IN BRIEF
Hurricane ends run through Florida
Hurricane Jeanne tore a fresh path of destruction as it finished its march up
storm-ravaged Florida. The fourth hurricane in six weeks shut down much of the
state and prompted recovery plans on a scale never before seen in the nation.
At least six people died in the storm as it plowed across Florida's midsection in
a virtual rerun for many residents still trying to regroup from hurricanes that have
crisscrossed the Southeast since mid-August.
"This is the price we pay for living in paradise," said Phyllis Cole, laughing
at her predicament as she waited along with about a dozen others yesterday on
a promise that a Home Depot store in Stuart would reopen. Everyone wanted
the same thing: a generator. None were in stock, but the manager thought some
were on the way.
Jeanne came ashore around midnight Saturday with 120 mph wind, strik-
ing the same area hit three weeks ago by Hurricane Frances and rocketing
debris scattered by earlier storms. Roofs were torn off, stop lights dangled
precariously and bridges were flooded from the mainland to barrier islands.
About 2.6 million homes and businesses lost power, but some 800,000 had it
restored by midday.
U.S. troops, Iraqi guardsmen killed in Iraq
Two car bombs killed seven Iraqi national guardsmen and a rocket barrage hit
a police academy yesterday as insurgents kept up their offensive to subdue Iraq's
beleaguered security forces. U.S. jets pounded suspected militant positions in a
Two U.S. soldiers with the 1st Infantry Division were killed in separate incidents
yesterday near Balad, north of the capital. The first died in a car crash and the
second was killed when a patrol came under fire as it returned from the crash, the
military said. More than 1,040 U.S. military members have died since the start of
U.S. operations in Iraq in March 2003.
The American attack took place before dawn in the Sadr City neighborhood,
where residents said explosions lit up the night sky for hours, leaving a trail of
mangled vehicles, damaged buildings and shards of glass. At least two children
wrapped in bloodstained bandages could be seen lying in hospital beds.
Qassem Saddam of the Imam Ali hospital said the strikes killed at least five people
and wounded 46 - including 15 women and nine children. The U.S. military said the
claim of such high casualties was "suspect."
Israelis kill militants, wound commaner
Israelis killed seven Palestinians in attacks yesterday, including a Gaza airstrike
that killed one militant and wounded a militia commander, who vowed revenge
from his hospital bed.
The Gaza attack came as each side pummels the other in the run-up to Israel's
planned pullout from the crowded seaside territory next year.
An Israeli helicopter fired a missile at a car east of the city of Khan Younis, kill-
ing Ali al-Shaer, a member of the Popular Resistance Committees, an umbrella of
dissidents from several militant groups.
But Israeli military sources, speaking on condition of anonymity, said the target
was the other occupant of the car - Mohammed Abu Nasira, southern Gaza com-
mander of the group.
Police arrest al-Qaida suspects after raid
Security forces following up on a raid that killed a top al-Qaida fugitive arrested
four more suspected extremists yesterday, and Pakistan's president predicted the
investigation would lead to more high-profile militants.
President Gen. Pervez Musharraf lauded the killing of Amjad Hussain
Farooqi, who died in a four-hour gun battle Sunday after vowing never to sur-
render. Farooqi was wanted for his alleged role in the 2002 beheading of Wall
Street Journal reporter Daniel Pearl and in two assassination attempts on the
Pakistani president in December 2003.
Tobacco lawyers try to block memo in trial
WASHINGTON (AP) - Tobacco industry
lawyers asked an appeals court yesterday to keep
a potentially damaging memo out of the federal
government's ongoing racketeering trial against
Justice Department lawyers have been seek-
ing the 1990 memo for two years, believing it
could strengthen their argument that tobacco
companies committed fraud by lying about the
dangers of smoking and hiding that information
from the public.
The memo by London-based lawyer Andrew
Foyle advises an Australian subsidiary of Brit-
ish American Tobacco Co., PLC., on whether
the company should keep or destroy internal
paperwork in light of increasing litigation.
William Schultz, a former Justice Department
lawyer who headed the tobacco case during the
Clinton administration, said the memo is key to
the government's racketeering case.
"I think in the context of a fraud case, evi-
dence of intentional document destruction
could be very relevant because the whole
notion of fraud is that you are deceiving the
public," Schultz said. "Document destruction
on a systematic basis could be a central activ-
ity in the scheme of fraud."
British Americana Tobacco owns Brown &
Williamson Tobacco Corp., which recently was
acquired by R.J. Reynolds. The conglomerate is
the second-largest U.S. tobacco company.
The trial is expected to last six months. The
fight over the memo is proceeding as the lower
court hears other evidence. The trial will con-
tinue even if the appeals judges rule the memo
cannot come in.
In the lower court trial, which began last week,
the government is seeking $280 billion in earnings
Justice Department lawyers
have been seeking the
1990 memo for two years
cigarette makers allegedly earned through fraud.
Government lawyers haven't seen the sealed
Foyle memo but know what it concerns because
an Australian appeals court decision two years
ago quoted the memo.
Bruce Sheffler, representing British Ameri-
can Tobacco, told the three-judge panel of the
U.S. Circuit Court of Appeals for the District of
Columbia that District Court Judge Gladys Kes-
sler erred when she ordered the memo released.
Sheffler said the document is irrelevant to the
case against U.S. cigarette makers because it
deals with a foreign market.
U.S. Circuit Court Judge David Tatel said
Sheffler was describing the objection in overly
broad termscompared with past arguments the
company has made.
Kessler ruled in June that the company waived
its right to keep the memo under wraps.
She said the company's argument that it
shouldn't have to produce the memo because it
addresses foreign. activity, rather than the U.S.
cigarette market, was invalid because the memo
discusses U.S. litigation.
Government lawyer Sharon Eubanks remind-
ed the appeals court that the lower court several
times ordered that the documents be handed over
and Kessler accused the tobacco company of
"There have been four times now that the Dis-
trict Court has ordered the production of this
document," Eubanks said.
Daniel Donahue, senior vice president and deputy general
counsel for RJ Reynolds, talks to reporters outside a federal
court in Washington last week.
- Compiled from Daily wire reports
MON. CLOSE CHANGE
DOW JONES 9,988.54 -58.70
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S& P 500 1,103.52 -6.59
1a S dI.
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