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Court of Review Dismisses Charges Against PA Bishop Charles E. Bennison
By David W. Virtue
www.virtueonline.org
August 5, 2010
In a surprise turn of events, The Court of Review for the Trial of a Bishop has issued a decision dismissing the charges of "conduct unbecoming a member of the clergy" against the Rt. Rev. Charles E. Bennison, Jr. Bishop of Pennsylvania on the ground that the acts in question occurred more than 35 years ago.
The charges are barred by the ten-year-statute of limitations in Canon IV.14.4.
A final judgment was rendered in the matter of Bishop Bennison by the Court on July 29, 2010.
This decision paves the way for Bennison to be reinstated as the head of the Episcopal Diocese of Pennsylvania but there is no word from the church's national headquarters in New York how soon or when that would occur.
Bennison was convicted and charged with covering up a sexual relationship between his brother, also a priest, and a 14-year-old girl in California more than 30 years ago.
Bishop Bennison was tried before a church court in June 2008 and charged with conduct unbecoming a clergyman. He argued that he didn't know about the sexual relationship, but the lower court determined otherwise.
He appealed. In May, the bishop appeared before the church court of appeals, composed of eight bishops from around the nation. Last night, the bishop was informed that court members had reversed the lower court's decision.
Eight of the nine bishops serving on the panel when the appeal was filed in March 2009. (The ninth member, the Rt. Rev. Wayne Wright of Delaware, recused himself for personal reasons.) The Rt. Rev. Clifton Daniel III, the Bishop of Eastern South Carolina, served as Chair; the other members of the panel were the Rt. Rev. Chilton Knudsen, resigned (formerly diocesan of Maine); the Rt. Rev. D. Bruce MacPherson, Bishop of Western Louisiana; the Rt. Rev. Michael B. Curry, of North Carolina; the Rt. Rev. Duncan M. Gray III, of Mississippi; the Rt. Rev. Don E. Johnson, of West Tennessee; the Rt. Rev. S. Todd Ousley, of Eastern Michigan; and the Rt. Rev. Mary Gray-Reeves, of the Diocese of El Camino Real. None of the panel members has any formal legal training; however, the Court is advised by up to three Lay Assessors, who are attorneys knowledgeable in canon law.
The 38-page decision of the Court of Review, dated July 28, 2010 can be seen here: http://www.virtueonline.org/portal/content/2010/A-51%20Final%20Judgment.pdf
Survivors Network of those Abused by Priests (SNAP)responds to court decision:
Statement by Barbara Dorris:
This is just what shrewd and corrupt church officials do - relentlessly fighting, exploiting every possible legal maneuver, to cling to their precious power, even when their wrong-doing has been so clearly proven.
Our hearts ache for those victimized by both Bennison brothers - one who committed child sex crimes, the other who concealed child sex crimes. This must feel like a terrible blow to those brave victims. We hope that they will be comforted by the fact that their courage has helped show thousands of people what sick men these two alleged 'men of God' really are.
FOOTNOTE: We will update this story as and when we get more news to report.
UPDATE: VOL has learned that Bennison will be back at his post in Philadelphia on August 16th.
Michael Rehill attorney for the diocese said this: "When asked what the transition might look like, people in the diocese had had strong feelings about the bishop and that the leadership was clearly divided between those who supported Bennison and those who questioned his leadership and his care of the finances." Rehill said that Bennison took one of the wealthiest dioceses in the Episcopal Church and made it one of the poorest.
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