General Crime

* Diocese of Santa Rosa Sued for Not Disclosing Priest Alleged Sexual Misconduct

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A Humboldt County man who said he was molested by priest stationed in Eureka in 1984 sued the Roman Catholic Diocese of Santa Rosa today for fraud and intentional non-disclosure. “John Doe 76”, now 35, claims the Santa Rosa Diocese and its bishop, Mark Hurley, failed to inform parishioners that St. Bernard’s Church’s Father Patrick Joseph McCabe was sent to the United States due to concerns of sexual misconduct. The Archbishop of Dublin, Ireland sent McCabe, now 74, to the United States in 1982 after complaints of abuse from young boys and concerns about his sexual impulses, the civil complaint states McCabe was given drug therapies, including Depo-Provera, and was sent to a program for sexual abusers in New Mexico, where he was diagnosed as a pedophile, according to the complaint.
In 1983, the Archbishop of Dublin spoke to Bishop Hurley about letting McCabe serve as assistant pastor at St. Bernard’s Church, the complaint states. Hurley agreed and then transferred McCabe to St. Elizabeth’s Church in Guerneville in 1985 after he received a credible report of criminal child sexual abuse, according to the complaint. The Humboldt County man claims he was molested by McCabe, his parish priest and school counselor, when he was 9 years old. He alleges the abuse took place between six and nine times in the church over a six- to nine-month period in 1984. “(McCabe) pulled him out of class and molested him in the church,” Doe 76’s attorney, Joseph George, said this afternoon. Dan Galvin, the attorney for the Santa Rosa Diocese, was not available for comment today. McCabe cannot be prosecuted for any alleged sexual offenses that happened before 1988 because the statute of limitations has expired, George said. The 10-page civil complaint alleges fraud, intentional non-disclosure, fraudulent concealment/intentional non-disclosure, and negligent misrepresentation. Doe 76 is seeking damages for physical, mental and emotional
health problems and for a loss of past and future earnings. McCabe is now in jail awaiting proceedings in federal court in San Francisco on his possible extradition to Ireland to face charges of sexually abusing six boys.  He is accused of nine counts of indecent assault and one count of attempted indecent assault with six boys in Dublin and elsewhere in Ireland between 1973 and 1981. The alleged victims were between 10 and 14 years old. McCabe was a priest in the Dublin Archdiocese from 1961 to 1983,  according to papers filed with an extradition request by lawyers with the U.S. Attorney’s Office in federal court in San Francisco on July 28. The extradition bid was filed on behalf of the Republic of Ireland. McCabe voluntarily surrendered to U.S. Magistrate Maria-Elena James in San Francisco on July 30. He was placed on house arrest until Aug. 4, when James ordered he be held in custody while awaiting extradition hearings. He is now in Santa Rita Jail in Dublin. McCabe was first accused of abuse by Irish police in 1988 and was forced to leave the priesthood that year, according to the extradition papers. The government court filings say that in 1988, McCabe left the Irish jurisdiction in which he was charged, and Irish authorities lost track of him until Interpol, the international police agency, reported in 2003 that he was living in Alameda.  No date has been set for hearings on the extradition request, but McCabe is due to return to court on Sept. 2 for a status conference.

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