BUFFALO, N.Y.- It was just six months ago when Erie County District Attorney John Flynn learned there was an agreement on how allegations of sexual abuse involving minors would be reported by the Catholic Diocese.
2 On Your Side obtained a copy of the 2003 document called a Memorandum of Understanding regarding the reporting of allegations of sexual abuse. It was signed by then Bishop Henry Mansell and all eight District Attorneys in Western New York.
When asked if such a document is necessary, Erie County DA Flynn said, "it should not be necessary because we should have mandatory reporting requirements in New York State for clergy."
The document spells out how and when allegations are reported to authorities. According to the document, all Diocesan and parish personnel who learn of an allegation or suspect sexual abuse of a minor must report the allegation "to the Diocese." The Diocese would forward it to the District Attorney.
The agreement spells out that the DA will report "the results of its initial investigation to the Diocese within thirty (30) days."
The agreement outline that the District Attorney "will advise the Diocese of the results of its initial investigation, and, if no criminal charges are filed at that time, the District Attorney will return the originals of any reports, documents, or other materials forwarded by the Diocese during the course of the investigation."
Attorney Barry Covert represents a woman who has accused a priest of abuse.
"This memorandum is protecting them (Catholic Church) because if they don't have to report, why are we explicitly saying we're not going to make you report. Why give them protection? The church should want to report all abuse," Covert said. "It's here to protect the Catholic Church. It's not here to protect the victims. It is not being done to allow for transparency as to abuse it is being offered and was signed in order to hide abuse. "
Flynn says the document will be modified to reflect a change in the penal law where it will include the elimination of the statute of limitations for all A and B felonies.
The Erie County DA's office and the New York State Attorney General's office are in the early stages of putting together a joint investigation of alleged sex abuse by priests in the Buffalo Diocese.
Diocese Memorandum Watermark by WGRZ-TV on Scribd