Priest placed on credibly accused list successfully fought inclusion in 2018 grand jury report

Nov. 10--Monsignor Joseph P. Kelly, a well-known leader in the community and Scranton Diocese, acknowledged he is among 18 clergy members whose names were redacted from a 2018 statewide grand jury report on sexual abuse of children within the Catholic Church.

Kelly successfully fought to have his name removed after arguing he would be unfairly maligned if accusations made by three men -- all of which the diocese deemed were unfounded -- were made public.

The claims against him purportedly include one filed by a man who was convicted in 2013 for falsely accusing priests in five other dioceses in other states.

Kelly and his attorney, Andrew Hailstone, voluntarily revealed the information to The Times-Tribune last week after the diocese on Oct. 30 added Kelly to its list of clergy who have been credibly accused of sexually abusing children. He is now on administrative leave and banned from celebrating the sacraments or presenting himself as a priest.

Kelly, 80, who is well known for his work with disadvantaged children and adults, vehemently disputes the allegations and contends the diocese utilized a flawed process, similar to that used by the grand jury, that gave him no meaningful opportunity to challenge the allegations before being added to the list.

Kelly said he and his family are "devastated."

"My life is completely and totally changed in a horrible way," Kelly said. "I've spent my life feeding the poor, housing the homeless and serving parishes ... The whole idea of being a priest is to serve the public. I can't even volunteer anywhere."

Diocesan spokesman Eric Deabill said the diocese conducted a thorough investigation before placing Kelly on the list. He stressed that adding Kelly to the list does not mean he is guilty of any misconduct.

"The fact is, however, that the Diocese has a clear obligation to act when presented with credible allegations of abuse," Deabill said in an email.

Deabill said Kelly was added to the list based on allegations made by seven former students at St. Michael's School for Boys, four of which it deemed to be credible. Kelly served as director of the school in Falls Twp., Wyoming County, from 1975 to 1980.

That decision was made after the diocese's independent review board, which investigates allegations of clergy misconduct, and a retired FBI agent reviewed information that had been presented to Independent Survivors Compensation Program, which was established in 2019 to compensate victims of clergy abuse.

In a recent interview, Hailstone said three of the seven former students are among the men referenced in claims made against Kelly in the scathing grand jury report released in August 2018 that detailed the church's efforts to cover up decades of sexual abuse committed by more than 300 priests in six Pennsylvania dioceses.

Hailstone said Kelly was included in the report based on allegations the three men made in 2007 and 2014, despite the fact the diocese and law enforcement deemed all the claims to be unfounded. Kelly was not permitted to present evidence to the grand jury to challenge their claims, he said.

"There was no evidence," Hailstone said. "They had his name and that somebody accused him. That was enough to get him on the list (in the grand jury report) ... It's devastating and incredibly unfair."

The claims against Kelly never became publicly known until now because the supervising grand jury judge redacted his name and those of 17 other priests, including five others from the Diocese of Scranton, who challenged their inclusion in the report.

State Attorney General Josh Shapiro later sought to remove the redactions, but the state Supreme Court rejected the request in December 2018.

Kelly is among the priests who filed the appeal with the Supreme Court. Hailstone provided The Times-Tribune with a copy of a sealed court document he filed in support of the redactions, which includes a copy of pages of the grand jury report relating to Kelly.

The report says the diocese deemed the two claims filed in 2007 to be unfounded in part because the men could not identify Kelly as their abuser when shown a photo line-up. The diocese also deemed the 2014 report unfounded, but the report does not provide details regarding why that decision was made.

In his petition to the Supreme Court, Hailstone identifies Shamont Sapp, as one of the men who filed a claim against Kelly in 2007. Sapp was convicted and sentenced in 2013 to 33 months in federal prison for filing false claims against priests in dioceses in Oregon, Arizona, Kentucky and Washington.

Hailstone said the 2014 allegation the diocese deemed unfounded was filed by Aaron Thomas, who recently filed a claim with the survivor's compensation program.

The fund administrators in March deemed the claim was not credible. An attorney for Thomas filed notice in August in Lackawanna County Court notifying the Diocese of Scranton he intends to sue.

The Time-Tribune ordinarily does not identify victims of sexual abuse, but Thomas gave the paper permission to identify him.

The four other men who accused Kelly came forward after the grand jury report was released and have each filed claims with the compensation fund. The administrator of the fund deemed those claims credible and offered settlements to the men, Deabill said.

At least one of those four men also has filed a lawsuit against the diocese. That suit, filed in Philadelphia County Court, alleges Kelly and two other men sexually abused the man hundreds of times while he was at St. Michael's.

Hailstone contends the new claims were made by men who are part of a "cottage prison industry" who, similar to the Sapp case, have made false allegations in hope of securing a settlement from the compensation fund.

"The creation of that fund was an open invitation to fraud," Hailstone said.

Hailstone said just like the grand jury process, Kelly was not provided an adequate opportunity to challenge the diocese's decision to add him to the credibly accused list.

Joseph O'Brien, attorney for the diocese, disputes Kelly's claims. He said the diocese first advised Kelly of allegations during the 2018 grand jury investigation. Kelly was given information of the new claims at a Jan. 14 meeting with the diocese's investigator.

O'Brein said Kelly also was provided the diocese's entire investigative file on Oct. 15.

Kelly acknowledged he met with the investigator, but said he was given little information. He was told the names of two of his accusers, but did not learn the identity of the other two until Oct. 15, when he was advised he was being placed on the credibly accused list.

Hailstone said Kelly asked to appear before the diocesan review board, but he was denied. By the time he got the investigative file, the decision to place Kelly on the list was already made.

"Monsignor was not given the opportunity to do anything other than say, 'Bishop, I did not do this,'" Hailstone said. "There was no process where those claims could be put to their proof or examined as to their credibility."

Deabill said under the diocese's policy, neither the accused priest nor the accusers appear before the review board.

Matthew Haverstick, an attorney who represents the Diocese of Harrisburg and Diocese of Greensburg, said those dioceses also do not allow the accused priest to appear before the review board before the decision to add them to the credibly accused list is made.

An accused priest eventually will get a chance to challenge the allegations during a further canonical investigation that is conducted to make a final determination on whether the allegations are founded, he said.

Haverstick understands concerns raised about the process, but the church's primary concern is to protect survivors of abuse.

"Whether we include a priest's name on a list of credibly accused isn't subject to a debate or negotiation" with the accused priest, Haverstick said. "I know it seems like a harsh result, but the church is in a place where it's erring on the side of the survivor ... It's not a perfect system and it is certainly subject to debate about whether this is the right way to go."

Deabill said the diocese wishes it never had to add a priest to the credibly accused list, but it has an obligation to act if there is credible evidence.

"While Monsignor Kelly maintains that all of the accusers are lying, the administrators of the ISCP found four of them to be credible," Deabill said. "In addition, the Diocese's lawyers, aided by a former FBI agent, investigated the allegations and the Diocesan Review Board reviewed the allegations."

Deabill said the next step in the process is for the bishop to issue a decree ordering a preliminary investigation. The results will be forwarded to the Congregation for the Doctrine of Faith, which would make any decision regarding any further action that should be taken against Kelly if the allegations are found to be credible.

Those actions could range from being sentenced to a life of prayer and penance all the way up to being permanently removed from the ministry, known laicization or defrocking.

Hailstone said Kelly has not been advised that any further investigation being launched related to the claims. He said Kelly is considering several options to challenge his inclusion on the credibly accused list. He declined to specify them, but vowed he will continue to fight to clear Kelly's name.

"One of the finest men I've ever known has been sullied by these false claims that the diocese chose to settle rather than fight rather than give him a recourse," Hailstone said.

Contact the writer: tbesecker@timesshamrock.com; 570-348-9137; @tmbeseckerTT on Twitter.

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