Independent Investigation of Allegations of Sexual Abuse of Minors
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McAfee & Taft A Professional Corporation Report to the Archdiocese of Oklahoma City: Independent Investigation of Allegations of Sexual Abuse of Minors 1960-2018 Released October 3, 2019 TABLE OF CONTENTS SUMMARY OF REPORT ............................................................................................................1 SCOPE OF INVESTIGATION ....................................................................................................3 STANDARD OF PROOF USED FOR REPORT .......................................................................4 PRIESTS WITH SUBSTANTIATED ALLEGATIONS OF SEXUAL ABUSE OF A MINOR .................................................................................................6 Father Thomas Behnke, O.C.D. ..........................................................................................6 Father David Armstead Cowden ..........................................................................................7 Father Stephen Cude ...........................................................................................................9 Father Mathias Faue ...........................................................................................................12 David B. Imming ...............................................................................................................15 Father Francis Albert Mantica ...........................................................................................20 Father James Mickus..........................................................................................................22 Father Rocco Perone ..........................................................................................................31 Father Edward Prather .......................................................................................................32 James Francis Rapp............................................................................................................38 Benjamin Zoeller ...............................................................................................................44 REPORT QUALIFICATIONS...................................................................................................48 FINDINGS ....................................................................................................................................51 I. The Archdiocese of Oklahoma City has inadequate controls over its own records ...................................................................................................................51 A. The Archdiocese of Oklahoma City does not have a written record retention policy in place ..................................................................................................51 B. The Archdiocese of Oklahoma City lacks policies or controls to preserve relevant emails and electronic files ..................................................................52 C. We found instances of decentralized, disorganized, and scattered recordkeeping at the Archdiocese of Oklahoma City ......................................53 D. We identified instances in which the Archdiocese of Oklahoma City either intended to destroy or failed to record evidence relating to allegations of sexual abuse of minors .....................................................................................55 II. The Archdiocese of Oklahoma City has inconsistently and inadequately investigated allegations of sexual abuse of minors in the past .........................56 ii A. We found that the Archdiocese of Oklahoma City’s investigations were inconsistently conducted ..................................................................................57 B. The Archdiocese lacked expertise to conduct its own investigations into allegations of sexual abuse of minors ..............................................................58 III. In some instances, the Archdiocese of Oklahoma City failed to take appropriate action when presented with credible allegations that its priests had sexually abused minors ................................................................................59 A. The Archdiocese of Oklahoma City failed to take prompt action despite credible evidence and warning signs of sexual abuse of minors .....................61 B. The Archdiocese failed to monitor priests placed on restricted ministry ........61 IV. The Archdiocese failed to properly evaluate priests transferring to the Archdiocese ...........................................................................................................63 V. In some instances, the Archdiocese of Oklahoma City failed to follow its own policies and procedures relating to allegations of sexual misconduct ............................................................................................................65 A. The Archdiocese of Oklahoma City has adopted legal strategies that are inconsistent with its duties to alleged victims and to not interfere with ongoing investigations of sexual abuse allegations .......................................................66 B. The Archdiocese of Oklahoma City failed to require a priest to undergo a “thorough psychological evaluation” after receiving credible evidence that the priest abused a minor .......................................................................................67 C. The Archdiocese of Oklahoma City failed to provide material evidence to the Review Board, as required under its policies and procedures .........................67 D. The Archdiocese allowed an extern priest who pleaded guilty to, and served probation for, a “disqualifying offense” involving sexual misconduct to transfer to the Archdiocese of Oklahoma City ................................................68 RECOMMENDATIONS TO THE ARCHDIOCESE OF OKLAHOMA CITY ..................69 1. Procure an integrated record management system. ................................................69 2. Adopt a written record retention policy. ................................................................69 3. Create and maintain personnel files on all priests serving within the territory of the Archdiocese of Oklahoma City, including religious order priests ...................69 4. Refer all allegations of sexual abuse of minors – past and present – to law enforcement and the Oklahoma Department of Human Services ..........................69 iii 5. Engage a qualified independent investigator to conduct the Archdiocese of Oklahoma City’s investigations into allegations of sexual abuse of minors .........70 6. All evidence developed during an investigation of allegations of sexual abuse of minors should be presented to the Review Board before it makes a recommendation or finding to the Archbishop ......................................................70 7. The Archdiocese of Oklahoma City should clarify in its policies and procedures whether it will investigate allegations of sexual abuse of minors when the alleged victim is now an adult and the accused priest is now deceased .............................71 8. Conduct training on all new and updated policies and procedures relating to sexual abuse of minors ...........................................................................................71 9. Communicate and publicize all actions relating to retirement, suspension, removal, or laicization of priests if any basis for the retirement, suspension, removal, or laicization relates to allegations of sexual abuse of minors ...............71 10. Discipline Archdiocese personnel who withhold information concerning sexual abuse of minors ......................................................................................................72 11. Improve policies and procedures for vetting extern priests applying for assignments in the Archdiocese of Oklahoma City ...............................................72 APPENDIX ...................................................................................................................................73 iv SUMMARY OF REPORT McAfee & Taft A Professional Corporation was retained by the Archdiocese of Oklahoma City (the “Archdiocese”) to conduct an independent investigation and review of the Archdiocese’s past handling of allegations of sexual abuse of minors by priests. At the Archdiocese’s request, we have prepared and released this Report, which includes our findings, a discussion of cases where we believe allegations of child sexual abuse are substantiated, an analysis of how the Archdiocese has handled allegations over the years, and our recommendations on how the Archdiocese can better handle allegations of child sexual abuse in the future. The Archdiocese directed us to independently investigate any matter that we deemed warranted investigation. As part of our independent investigation, we reviewed a large amount of data, many records, and interviewed numerous witnesses. The Archdiocese did not refuse any of our requests to review records in its possession. The Archdiocese was under no obligation to have any investigation performed and could have performed a review of its own files and made its own findings without any involvement of an outside law firm. By retaining a law firm to conduct an independent investigation to be followed by a public report, the Archdiocese subjected itself to independent criticism and review of its past actions and omissions. We presently have identified and provided details in our Report relating to 11 priests who worked within the Archdiocese from 1960 through