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Mark Holihan and His 2007 Individual Specific Protocols [ISP]

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Mark Holihan and His 2007 Individual Specific Protocols [ISP] ARCHDIOCESE OF CHICAGO Office for the Protection of Children and Youth P O Box 1979 Office of Assistance Ministry icagoTfllinois 60690-1979 Office for Child Abuse Investigations and Review AS 1-5254, general Safe Environment Office ; 312-751-8307, fax OrTlCfc CrlATJC^i MEMORANDUM To: File-PFR-17 From: Leah McCluskey, Office for Child Abuse Investigations and Revie RK Holihan, Rev. Daniel Mark Retired/Withdrawn] Date: April 10,2007 On April 9, 2007, Vicar for Priests Rev. EdwardGrace and I traveled to the Little Sisters of the Poor to meet with^^^^^^^^^^^Bconcerning Rev. Daniel Mark Holihan and his 2007 Individual Specific Protocols [ISP]. ^^^^^^^^H has agreed to act as Fr. Holihan's on-site supervisor, however has been clear that she does not feel comfortable signing Fr. Holihan's Daily Log sheets, as she does not know where he is 24 hours a day, seven days per week. While meeting with ^^^^^^^^^ she stated that she does have some questions about Fr. Holihan, namely that he does ".. .seem to travel a lot..." I informed ^^^^^^^^| that Fr. Holihan does complete the appropriate forms and provides the information requested for when he does travel. I then gave ^^^^^^^^| the April 9, 2007 letter and related documents [see file] concerning Fr. Holihan's current ISP, related documents, and an updated summary of allegations received against him to date. Prior to the end of our meeting, it was agreed that ^^^^^^^^| would call either Fr. Grace or myself to report any concerns and/or ask any questions regarding Fr. Holihan. Fr. Grace made the specific request that^^^H ^^^^flcall one of us if she is aware that Fr. Holihan is spending any time with minors [anyone under the age of 18]. After meeting with ^^^^^^^Ift Fr. Grace and I met with Fr. Holihan. I reviewed the entire ISP and supporting documents [Daily Log sheets, Travel/Vacation Notification] with Fr. Holihan, and noted that ^^^^^^^| has stated that she does not feel comfortable signing his Daily Log sheets. It was agreed that Fr. Holihan would continue to complete his Daily Logs sheets and then send them to me on a weekly basis, without any signature from an "on-site supervisor." Fr. Grace and I informed Fr. Holihan that the program formerly referred to as "monitoring" will most likely be changed to "supervision" and that the additional changes made to the program and the ISPs will follow. I also informed Fr. Holihan that the current §1100 Sexual Abuse of Minors- Policies for Education, Prevention, Assistance to Victims and Procedures for Determination of Fitness for Ministry are in the process of being updated. Fr. Holihan expressed his understanding that once the changes to the "supervision" program are made and once the new misconduct policies are promulgated by Cardinal George, he would be informed and provided with copies of each. Prior to ending the meeting, Fr. Holihan informed Fr. Grace and me that he was not pleased with some of the comments made in the Daily Herald concerning the handling of allegations when they are received by the Archdiocese of Chicago. Fr. Holihan prefaced his statements of concerns with noting that he did not expect any type of response, but wanted it to be known that he did not agree with the Chancellor Jimmy Lago's comments that once the Archdiocese receives an allegation, we [the Archdiocese] will act immediately. Cc Rev. Edward Grace, Vicar for Priests Rev. Daniel Smilanic, Cardinal's Delegate to the Review Board ARCHDIOCESE OF CHICAGO Office of the Archbishop ^JsJBSgL 155 E Superior St liiH&ifr Chicago. Illinois 60611 DECREE THE FACTS. Reverend Daniel Mark Holihan is a priest of the Archdiocese of Chicago who was ordained in 1957. He has served the Archdiocese in the following assignments: Parochial Vicar at St. Patrick Parish (1957-1965), St. Aloysius Parish (1965-1968), St. Sylvester Parish (1968- 1969), St. Francis de Sales Parish (1969-1973), St. Jane de Chantal Parish (1973-1979), Our Lady of the Snows Parish (1979-1990), and St. Jerome Parish (1990-1991). Following accusations of sexual misconduct, Father Holihan was assigned to an administrative position at Catholic Charities where he served until he was asked to refrain from exercising ministry pending the outcome of his case. He is now living in retirement at the Cardinal Stritch Retreat House, Mundelein, Illinois. There are numerous accusations against Father Holihan, dating back to 1986; allegations continue to be brought forward to the present day. Father Holihan categorically denies all these allegations. The allegations which were made prior to 1991 were dealt with by the Vicar for Priests office. Allegations since that time were brought before the Professional Responsibility Review Board on two separate occasions for each allegation. Both times, the Review Board advised me that there was enough evidence present for further action to be taken. Since 2001, after the second recommendation, they advised me that they believed the matter ought to be referred to the Floly See, in accordance with the motu proprio Sacramentorum Sanclitatis Tutela. I referred this matter to the Holy See on 15 September, 2003, receiving a reply on 16 June, 2004 (P.N. 355/03 - 19027), dispensing from canonical prescription and instructing me to conduct an administrative penal process. I initiated this process on 26 August, 2004, entrusting its instruction to Reverend Patrick R. Lagges. All the evidence and proofs have been gathered. This consists of: • A summary of the allegations presented prior to 1991 and Father Holihan's responses • The numerous allegations since 1991 • The response of Father Holihan to each of the accusations • The results of the Preliminary Investigation for each allegation • The results of the deliberation of the Review Board and my responses Father Holihan has been cited according to the norm of law. I had already accepted his previous mandate for Reverend Michael P. Joyce, CM. to act as his advocate. Father Joyce has reviewed the acts of this case and has been allowed to comment on them. I have appointed two assessors in this case, in accordance with the prescriptions of the law and the directives of the Holy See. They have reviewed all the acts of the case and have presented me with their opinions. I have carefully reviewed all the acts of the case and listened to the opinions of the Assessors. Having prayed for the guidance of the Holy Spirit, I have now come to a decision on the following matter: Is Father Daniel Mark Holihan guilty of the delict described in c. 1395§2 (c. 2359§2 of the 1917 Code of Canon Law; namely sexual misconduct with a minor under the age of sixteen? and insofar as this is true, what penalty ought to be imposed? THE LAW. Every society which is organized in the world must establish rules that govern how its members are to behave and what to do when its members don't behave in that way. This is no less true of the Church. It is for this reason that c. 1311 states, "The Church has the innate and proper right to coerce offending members of the Christian faithful with penal sanctions." However, the present Code, following upon the principle established by the bishops of the world that the number of automatic penalties should be reduced and only inflicted for the most serious reasons, recognized the wisdom of the Fathers of the Council of Trent who wrote, "Let Bishops and other Ordinaries bear in mind that they are pastors and not prosecutors and that they ought to preside over those subject to them so as not to lord it over them, but to love them as children and brethren and to strive by exhortation and admonition to deter them from what is unlawful, that they may not be obliged should [their subjects] transgress, to coerce them by due punishments But if on account of the gravity of the offense there is need of the rod, then its rigor is to be tempered with gentleness, judgement with mercy, and severity with clemency, that discipline, so salutary and necessary for the people, may be preserved without harshness and they who are chastised may be corrected...." This was also enshrined in the 1917 Code of Canon Law as c. 2214§2. The present Code also emphasized that the imposition of penalties is to come only as a last resort. Canon 1341 admonishes bishops and other ordinaries not to begin penal proceedings until they have exhausted all other means of repairing scandal, restoring justice, and reforming the offender. There arc some crimes, however, that are so heinous that their effects reverberate through the whole Church. In such cases, the Holy See intervenes to issue particular legislation to ensure the unity of the Church is not harmed by the action of individual. Such is the case with clerical sexual abuse of minors. Canon 1395§2 states, "A cleric who in another way has committed an offense against the sixth commandment of the Decalogue, if the delict was committed by force or threats or publicly or with a minor below the age of sixteen years, is to be punished with just penalties, not excluding dismissal from the clerical state AOC 002607 if the case so warrants." Recognizing the gravity of this offense, and the long term effects that this has upon the victim, the Holy See issued particular legislation for the United States in 1994, defining the offense as applicable when any person under the age of eighteen was abused by a cleric. In 2001, this became the universal law of the Church with the promulgation of the motu proprio, Sacramentorum sanctitatis tutela. Further particular legislation in the United States, namely the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons has established dismissal from the clerical state as the normal penalty to be imposed in cases where clerics have been found guilty of the delict of sexual abuse of minors.
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