2 - The Michigan Daily - Tuesday, September 28, 2004 NATION/WORLD 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 American church. 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 became public. 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- day morning. Bennett said the grand jury was convened to investigate all aspects of the allega- tions against Dupre, includ- ing whether he tried to cover up the abuse and whether he had abused any other children. When Ben- nett announced in the spring that he would present the case to a grand jury, "Even with r cause, there strong poss prosecution allegations( be barred b statue oflil 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 charges against ythe his client, arguing . ,, that the statute of rlitations limitations had expired. 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 them." 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 West Springfield. 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- ments. 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 children. 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. - Hampden D 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 alleged crimes. NEWS IN BRIEF MELBOURNE, Fla. 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. BAGHDAD, Iraq 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 Baghdad slum. 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." JERUSALEM, Israel 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. KARACHI, Pakistan 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. 01 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 cigarette makers. 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 "inexcusable" misconduct. "There have been four times now that the Dis- trict Court has ordered the production of this document," Eubanks said. AP PHOTO 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 MARKET UPDATE MON. CLOSE CHANGE DOW JONES 9,988.54 -58.70 NASDAQ 1,859.88 -19.60 S& P 500 1,103.52 -6.59 1a S dI. www.michigandaily.com The Michigan Daily (ISSN 0745-967) is published Mondays during the spring and summer terms by students at the University of Michigan. 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