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Judge unseals AG's argument

The Herald - 7/21/2018

July 21--PITTSBURGH -- Victims are one step closer to being able to publicly confront their abusers after a ruling that made public the state attorney general's argument to unseal a grand jury report detailing alleged sexual abuse of children within the Catholic Church.

The brief, which was filed by the Office of Attorney General Josh Shapiro and released on Friday, cites similar cases in which the court decided to make public the identities of people who are named in a grand jury report, but who have not been indicted.

Cambria County President Judge Norman A. Krumenacker III, who oversaw the grand jury that for two years investigated child sex abuse allegations spanning several decades within the Erie, Pittsburgh, Greensburg, Scranton, Harrisburg and Allentown dioceses, issued the order to make the legal document public.

An 884-page report detailing the grand jury findings was to be released June 22, but was delayed June 20 by the Pennsylvania Supreme Court after a challenge by unidentified petitioners who are named in the report, and who claim releasing the document without redacting their names is a violation of their constitutional rights to due process.

A subsequent opinion released by the Pennsylvania Supreme Court said a temporary stay was appropriate to allow time for essential judicial reviews, consideration of constitutional claims made and to gather more information to address the petitions under review.

Shapiro's office later announced plans to file an objection to that stay.

On June 5, Krumenacker issued an 11-page public opinion denying a series of motions seeking evidentiary hearings to dispute parts of the report before individuals' names appear with any allegations.

Krumenacker said granting such hearings would undermine the investigative role of the state's grand jury.

The judge's opinion also noted that release of the report would support the state's interest in preventing child abuse, providing justice to abused children and protect abused children from further abuse by identifying abusers and those who enable them.

Responses to Krumenacker's opinion -- along with most of the filings following the Pennsylvania Supreme Court's stay -- were sealed, but the state Supreme Court filing says "affected individuals have filed multiple petitions for review, along with emergency applications for stay."

Krumenacker confirmed a Thursday hearing with Shapiro, Senior Deputy Attorney General Daniel Dye, as well as attorneys representing those seeking to stop the grand jury report's release, involved the Pennsylvania Supreme Court'sJuly 6 opinions detailing the deadlines for briefs to be submitted by attorneys on both sides.

"I continue to urge the public to be patient with the process," Krumenacker told The Johnstown Tribune-Democrat following Thursday's hearing.

Shapiro said the judge's decision to release the arguments to unseal the grand jury report was a step forward for the victims.

"Today, Judge Krumenacker ruled in favor of the Commonwealth and victims that our brief should be made public," Shapiro stated in a press release Friday. "Our office continues to fight to ensure this report is released and victims' voices are heard by the people of Pennsylvania. This marks an important step in that process."

JOCELYN BRUMBAUGH of the Johnstown Tribune-Democrat contributed to this report.

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