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The Report of the Independent Investigation

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The Report of the Independent Investigation THE REPORT OF THE INDEPENDENT INVESTIGATION ALBANY, NEW YORK JUNE 24, 2004 TABLE OF CONTENTS Page INTRODUCTION ...........................................................................................................1 I. Overview..............................................................................................................4 A. Factual Background.........................................................................................4 B. Engagement and Scope of the Investigation..................................................11 C. The Investigative Team..................................................................................14 D. Investigative Steps.........................................................................................15 (1) Interviews...............................................................................................15 (2) Polygraph Examinations ........................................................................18 (3) Documentary and Other Evidence.........................................................18 (4) Witnesses Who Declined to Cooperate..................................................20 II. Discussion of the Sexual Misconduct Allegations.............................................24 A. The Zalay Allegations....................................................................................24 (1) Allegations .............................................................................................24 (2) Tom Zalay and the Zalay Family...........................................................27 (3) The Ethel Zalay Story as Told By Andrew Zalay..................................40 (4) The Ethel Zalay Story as Told By ZFM1 ..............................................41 (5) Other Family Members’ Knowledge Of Alleged Hubbard Relationship ...........................................................................................43 (6) Background on Bishop Hubbard............................................................44 (7) Other Evidence Relevant to the Zalay Allegations................................49 (8) Discussion – Zalay Allegations .............................................................58 (9) Conclusion .............................................................................................70 i B. The Bonneau Allegations...............................................................................70 (1) Allegations .............................................................................................70 (2) Background Press Reports .....................................................................71 (3) Findings Regarding the Bonneau Allegations .......................................72 (4) Bonneau’s Prior Accounts of his Washington Park Experience............75 (5) Other Relevant Facts Regarding Anthony Bonneau..............................77 (6) Other Relevant Facts Regarding Washington Park ...............................77 (7) Other Relevant Facts..............................................................................90 (8) Hubbard’s Statements Under Oath and Polygraph Test ........................90 (9) Discussion – Bonneau Allegations ........................................................92 (10) Conclusion .............................................................................................95 C. The Minkler Allegations................................................................................95 (1) Overview................................................................................................95 (2) Allegations .............................................................................................96 (3) Background on Father John Minkler .....................................................98 (4) Father Minkler’s Relationship with Bishop Hubbard..........................100 (5) Findings Regarding the Minkler Allegations.......................................105 (6) Other Relevant Facts Regarding the Minkler Letter and Notes...........117 (7) Discussion – The Minkler Allegations ................................................123 (8) Conclusion ...........................................................................................126 III. The Minkler Repudiation and Suicide .............................................................128 A. Allegation.....................................................................................................128 B. Findings Regarding the Minkler Repudiation Statement.............................129 (1) Thursday, February 12, 2004...............................................................129 ii (2) Friday, February 13, 2004....................................................................135 (3) Saturday, February 14, 2004................................................................147 (4) Sunday, February 15, 2004 ..................................................................151 (5) Monday, February 16, 2004.................................................................152 C. The Minkler Suicide Note............................................................................153 D. Other Relevant Facts....................................................................................155 E. Discussion....................................................................................................161 F. Conclusion .......................................................................................................165 IV. Overall Conclusions of the Report...................................................................165 APPENDIX A. Introduction......................................................................................................1 B. The Gay Bar Allegations .................................................................................1 (1) Allegations ...............................................................................................1 (2) Findings Specific to the Leonard Allegation ...........................................2 (3) Findings Specific to the Keegan Allegation ............................................6 (4) Findings Specific to the Vonzurlinde Allegation.....................................8 (5) Findings Specifically Related to the Aretakis Gay Bars Allegation........9 (6) Findings Relevant to Gay Bar Allegations Generally..............................9 (7) Statement Under Oath and Polygraph Test............................................11 (8) Discussion..............................................................................................11 C. The Washington Park Allegations .................................................................13 (1) Berben Allegation..................................................................................13 (2) NR2 Allegation......................................................................................20 (3) Anonymous Allegation (1) ....................................................................22 iii (4) Anonymous Allegation (2) ....................................................................23 (5) Anonymous Allegation (3) ....................................................................23 (6) Anonymous Allegation (4) ....................................................................24 (7) Hartley Allegation (1)............................................................................25 (8) Chestara Allegation................................................................................26 (9) Discussion of Washington Park Allegations..........................................27 D. Other Allegations Of Sexual Misconduct......................................................27 (1) Sex with Priests Allegations ..................................................................27 (2) Confidential Allegation..........................................................................28 (3) Additional Minkler Allegation...............................................................29 (4) Allegation Regarding Albany Resident 2 ..............................................31 (5) Hartley Allegation (2)............................................................................32 (6) “Paul” Allegation...................................................................................33 (7) Allegation Regarding Albany Resident 3 ..............................................33 (8) Seminary Allegation..............................................................................34 (9) “New York City” Allegation Received by Stephen Brady....................34 (10) State Trooper Allegation........................................................................35 (11) “Other Clients” Allegation.....................................................................36 E. Overall Conclusions – “Other Allegations”...................................................37 iv Introduction This Report follows an extensive, four-month investigation into allegations that Bishop Howard Hubbard of the Albany Diocese had homosexual relationships or encounters between the late 1970s to the present. The Report is being provided simultaneously to the public, the media, and the Diocesan Sexual Misconduct Review Board of the Roman Catholic Diocese of Albany (the “Review Board”), which retained us to do an independent investigation of this matter and to issue a public report on our findings. We did not have access to Andrew Zalay, Jr. and Anthony Bonneau, the individuals who made the primary allegations. Nor did we have access to the original
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