Navajo Tribal Courts Should Hear Navajo Child Sexual Abuse Lawsuits

By Patrick Noaker

Today, we filed legal briefs in Navajo Nation Tribal Court relating to two childhood sexual abuse lawsuits. Since we filed the lawsuits in the Navajo Court, the Defendants desperately have attempted to get the cases removed from the Navajo Court and instead handled in state or federal court. Our clients are Navajo Nation Members and the lawsuit involves sexual abuse by Fr. Chuck Cichanowicz, a priest who worked on the Navajo Nation reservation for a number of years. The case was filed in Navajo Nation Tribal Court because the clients believe that it should be the Navajo people who determine what should happen to Fr. Cichanowicz and his employers. The core issue here is whether the Navajo Nation Tribal Court has the power to remedy and ultimately prevent injurious behavior by outsiders who come to the reservation. See attached briefs: Plaintiff John Doe GC’s Opposition to Motion to Dismiss for Lack of Jurisdiction http://andersonadvocates.com/ViewArticle.aspx?id=65 and Memorandum in Support; and Defendant Diocese of Gallup’s Memorandum in Support of Motion to Dismiss for Lack of Jurisdiction. http://andersonadvocates.com/ViewArticle.aspx?id=66

This ability to remedy and prevent injuries to their children is especially important for Native Americans because Native Americans have historically been victimized at a much higher rate than other populations. See NativeAmericanAbuse.com. Take for example the tragedy of the mission boarding schools, where Native American children were systematically sexually and physically abused for decades. Or, another example where predator Roman Catholic priests were assigned to reservation parishes because those parishes and their children apparently considered expendable. The sad truth is that outsiders have done much more harm than good. In addition, there is some scientific research that shows that Native American children experience a greater cumulative negative impact from sexual abuse as compared with the general population. See attached article: Irwin et al., “The Psychological Impact of Sexual Abuse of Native American Boarding School Children,” The Journal of the American Academy of Psychoanalysis and Dynamic Psychiatry 23:461-473 (1995). http://andersonadvocates.com/ViewArticle.aspx?id=67 Consequently, Native Americans who were sexually abused as children are more likely to experience more problems and a more difficult time coping with the injuries related to the sexual abuse.

It seems to make sense that Native American tribes want to handle the issue of child sexual abuse within its tribal court systems. Those who are the most impacted should be the ones to decide what should happen to those who are responsible for the injury. Thus, child sexual abuse cases involving Native American children should be heard by a tribal court.

Tune in this evening, internet tv show on clergy sex crimes

A program on clergy sex crimes called Educating to End Abuse is starting it's 4th season this eveening tonight at 6pm central time. It is a live internet show from KCTU Wichita with a national toll free number for listeners to call-in and be a part of the show. The special guests this evening are two men who survived molestation as children in Catholic orphanges, one in New York and one in Australia. Tune in at 6pm central time at http://www.kctu.com/. Also to join in the conversation you can call 1-866-905-8855.

Huge Victory for Truth, Transparency and the Protection of Children

By Jeff Anderson

The decision today of the United States Supreme Court denying the Diocese of Bridgeport’s request to keep documents and evidence and crimes under seal is a huge victory for the civil child protection movement and the protection of children across the country. It is the Diocese of Bridgeport and other dioceses like it that for decades have kept secrets of crimes under seal, oftentimes documented in their own files and thus offenders across the land have been protected by practice and protocols by the Bishops. The U.S. Supreme Court decision ruling today by Justice Ginsburg denying the Bridgeport Diocese’s request to continue a stay on the release of the documents is a victory for truth and transparency and until the bishops and the Diocese across the land come clean, the children remain at peril. We applaud the courageous survivors that have begun this journey in Connecticut and those across the land that are fighting similar battles.


http://www.msnbc.msn.com/id/32558630/ns/us_news-crime_and_courts/from/ET

Kidney Donation--Another Testament To The Courage, Inspiration And Generosity Of Survivors

By Jeff Anderson

Today’s news story that Susan Pavlak, long time SNAP supporter and survivor advocate, is donating a kidney to Phil Saviano is poignant and powerful in itself but the kind of thing I see survivors daily doing for others who have been wounded or in need. I have been honored to work with survivors of abuse for over two decades and every day I see and bear witness to survivors who have courage and generosity of spirit that is an inspiration to me. Susan Pavlak’s donating of her kidney to Phil Saviano is perhaps to some a dramatic example of generosity, but it’s a typical gesture that I see every day where members of SNAP and other survivors of abuse connect with one another to support each other and give of themselves in so many ways to do what they can to help others in need and protect the vulnerable. I just want to say I am inspired and grateful to Susan Pavlak and every survivor like her who has found the courage and the generosity of spirit to take action to help our brothers and sisters. Kudos to Susan Pavlak, Phil Saviano and every wounded healer that is a part of a shared journey, mission and a purposeful life.

http://www.boston.com/news/health/articles/2009/08/26/a_bond_beyond_abuse_survivor_gives_kidney/

Accountability for Archdiocese is Closer

By Michael Finnegan

Yesterday, the Honorable Judge Timothy Witkowiak, a circuit court judge in Milwaukee, denied the Archdiocese of Milwaukee’s attempt to have a sexual abuse case thrown out on the time limits. James (Jim) Essenberg filed the case in June of 2008 alleging that the Archdiocese of Milwaukee defrauded him. The decision yesterday was a huge victory for Jim and for all those people that were sexually abused in Wisconsin by trusted authority figures.

Essenberg only learned of the Archdiocese’s fraud because of the settlement of a case in California where the Archdiocese was forced to turn over documents about the perpetrator, Franklyn Becker. Those documents contained numerous reports of abuse, admissions by Becker of sexually molesting kids, and Becker being diagnosed as a pedophile.

What is truly frightening is that Franklyn Becker is still in the Milwaukee community with access to children. Some of the documents and news reports about Becker are located at Jeff Anderson and Associates - http://www.andersonadvocates.com/CaseListing.aspx?ID=2, at the Milwaukee Journal Sentinel pages - http://www.jsonline.com/news/milwaukee/29488339.html, and on Bishop Accountability - http://bishop-accountability.org/priestdb/PriestDBbylastName-B.html.

Jim Essenberg is a champion for children. He is a courageous man that stood up and spoke out about his abuse. His courage means that many terrible secrets about authority figures sexually abusing children will see the light of day. I encourage anyone that was harmed like Jim was to speak out in your own way. This does not mean filing a lawsuit or putting your name in the paper. Just telling a close friend, talking to a therapist, putting the horrors down on paper, can all help ease some of the pain you are carrying.

Milwaukee judge green lights for trial another church child sex abuse fraud case

Milwaukee judge green lights for trial another church child sex abuse fraud case
Jury will be able to see documents, hear witnesses in Fr. Franklyn Becker cover-up

Statement by Mike Sneesby of SNAP Milwaukee

CONTACT
Peter Isely, SNAP Midwest Director, 414.429.7259

--Link to church documents in Becker case below statement--

Judge Timothy Wikowiak ruling against Bishop Callahan and the Milwaukee archdiocese today sends another hopeful signal that clergy predators and church officials in Wisconsin who covered up their crimes are going to be held accountable to victims and citizens through our courts and the rule of law. Just as Judge Cooper ruled in another case last month in Milwaukee, Wikowiak dismissed motions today by the archdiocese to keep a jury from hearing the witnesses and seeing the evidence of decades of fraud by Milwaukee bishops concerning their priest child sex predators. Today’s ruling concerns Fr. Franklyn Becker of Mayville. Becker is one of the most prolific and well documented of the archdiocesan pedophile priests. For over thirty years, Becker was caught molesting children and transferred from parish to parish, including a transfer for one year to California and back, where he assaulted children there as well.

Criminal and civil law, which has for too long given special protection to the wrong class of citizens in Wisconsin—pedophile clergy and their bishops instead of children and their parents—is showing some clear signs of finally reforming, especially as judges and prosecutors learn more and more about the vast nature and extent of the sex abuse cover-up in Wisconsin. Last month in Waukesha County, prosecutors arrested the 19th clergy sex offender since the scandal reemerged. Victims have long argued that this is the solution to the problem of clergy sex crimes: put clergy and bishops and church officials under the same civil laws as every other person, profession and institution and prosecute crimes against children in churches, congregations and synagogues just as vigorously as you prosecute them wherever else they occur.

(To access previously secret church documents in the Becker case: http://www.bishop-accountability.org/news2008/01_02/2008_01_31_Rhode_DocumentsDetail.htm)

SNAP, the Survivors Network of those Abused by Priests, is the nation’s oldest and largest self help organization of clergy sex abuse survivors with over 8,000 members in 82 chapters (SNAPnetwork.org)