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Dublin: 6 °C Friday 24 May, 2013

Irish priest returns home in middle of US sexual abuse trial

Fr Michael Kelly was due to give testimony yesterday afternoon but has instead returned home to Ireland.

Image: Muffet via Flickr

AN IRISH PRIEST who was convicted in California of sexual misconduct against a former parishioner last month has fled the United States and returned to Ireland in advance of giving evidence at another point in the trial.

Fr Michael Kelly, 62, was convicted at San Joaquin County Court of misconduct against a student at a Stockton parish school over 25 years ago, the Sacramento Bee reported.

Although he had been convicted, he was still due to give evidence at a second phase of the trial, dealing with the diocese’s handling of the complaint against him – but Kelly instead left to return to Ireland, where he wants to “die with his family”.

In a letter hand-delivered to Bishop Stephen Blaire, Kelly said he was leaving his country due to poor health – he is reported to have lost considerable weight in the past fortnight – and again denied the accusations.

“I have spent the last 39 years of my life serving God and the people of the various parishes of the Diocese of Stockton,” the Bee quoted his letter as saying.

“Now I have not only lost my ministry, but this whole thing has taken its toll on my very being.”

Kelly’s attorney Thomas Beatty expressed understanding for Kelly’s decision to return home, but admitted it would have been helpful if he had remained in California to assist with the remainder of the trial.

Lawyers representing the plaintiff in the case accused Kelly of going “on the run from justice” after his own conviction.

Despite having lost his civil suit, no criminal charges could be brought against Kelly because the statute of limitations had expired, according to the Record of Stockton. The plaintiff in the case uncovered the memories of the abuse in 2005.

Additional reporting by the Associated Press

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Comments (50 Comments)

  • Go back to America and face the law. Your own religion says “If God is with you, who can be against you?”. Running away gives the appearance of guilt.

    Reply
  • Is paedophilia, abuse and cover up an Irish problem that has plagued Rome or a Roman problem that has plagued Ireland or do we conspire equally in plaguing the rest of the world?

    Reply
    • Not Irish; Not Roman.

      When water flows over granite, it seeks the low points, the cracks, the imperfections. Over time, the erosion destroys the rock. The granite is ground to dust by that which no one looks at twice.

      Evil works the same way. Once someone is consumed by evil, they seek the destruction of others. The surest way to destroy even the most stalwart of good people is to lure them into complacency, to look the other way while evil does its evil deeds. When the well intentioned finally realize their error, the deed has already been done, and evil has already moved on to its next corruption.

      The stalwart in Kelly’s community in California have not yet even realized the damage that they’re still allowing. You should see the comments from the people in his community. It’s shameful.

      Reply
    • What about both Deep Sounding?
      There have been two rather grubby fingers stuck in this particularly nasty pie internationally. The revelations Canada and the States spring immediately to mind but what of the other less developed parts of the world where Irish Roman missionaries were sent in their droves to do the ‘righteous’ work of the church in jurisdictions less able or willing to uncover or prosecute this evil?
      Indeed the propensity for the Church in Ireland to shift suspected clerical paedophiles from parish to parish to evade notice would make one deeply suspect that international missionary work would have been a very convenient carpet under which to sweep some rather obnoxiousness examples of human depravity.

      Reply
    • John:

      Yes, “rather obnoxiousness examples of human depravity” to be sure! I guess that’s kind of the point I was trying to make: It’s really NOT a problem with a peoples, or a church, or The Church. It’s a problem with HUMANS and a problem with EVIL.

      I have to believe that people like Kelly are no longer even just evil humans; they are only evil, and they seek to damage further. They do good works and present themselves as pillars of community, they actively engage others in their web of deceit.

      Yes, it’s very much an international, a human, problem.

      Reply
  • F**k off back and face your accusers , you COWARD ,

    Reply
  • Actually, the Modesto Bee in California reported on April 17, 2012 that the Calaveras County Sheriff’s office has said that a number of NEW victims have come forward in the last week, and that detectives are investigating.

    THAT’s why Kelly fled.

    Victims of Kelly: please come forward. The folks over at the William Ayres blog ( for victims of a pedophile doctor ) in the US are asking victims to contact them. http://www.williamayreswatch.blogspot.com

    Reply
  • Spineless dick,another of Ireland’s catholic exports,returning to Ireland to hide.Shame on the church.

    Reply
  • Aww poor old priest,maybe if he wasn’t such a disgusting pervert he could’ve avoided all this hassle!!…..
    Piss off back to the states and face your punishment

    Reply
  • You can run, but you can’t hide…..

    Reply
    • 18/04/12 #

      I followed this case very closely, and Fr. Kelly was maliciously steamrolled.

      Two separate investigations – Church and secular – turned up nothing.

      Fr. Kelly passed TWO polygraph tests which showed he has never abused any individual in his life, yet this was NOT allowed into evidence.

      What WAS allowed into evidence was the totally debunked and discredited theory of “repressed memory.” The jury was duped into thinking this junk science is real. It isn’t.
      http://www.themediareport.com/hot-topics/repressed-memory-debunked/

      Fr. Kelly was also the victim of the accuser’s mean-spirited and venomous contingency lawyer, John Manly, who once compared being a Catholic priest to being a train conductor carrying passengers to Auschwitz. manly’s hatred for the Catholic Church cannot be overstated:
      http://www.themediareport.com/hot-topics/attorney-john-c-manly/

      -

      Reply
    • Mr. Murphy: Those lie detector tests were conducted by Kelly’s own lawyer- NOT by law enforcement. I have read of cases where cold blooded murderers have passed lie detector tests. You know there’s a reason why they are not admissible in criminal trials -because they’re not reliable.

      Also that “investigation” you cite was handled by the church. Surely you know how many churches around the country over the last five decades have conducted similar investigations into their own priests, only to clear them? These are the same “cleared” priests who are later tried and convicted of child molestation.

      You are also ignoring the fact that a number of victims have come forward; that the church TWICE sent Kelly away for six months for “treatment” for his behavioral problems with children. Kelly made a false statement to his congregation about these mysterious leaves, telling them he was going way to be treated by “ulcers.”

      If he was steam rollered, why is the Sheriff’s office investigating the number of new allegations by new victims that have come up in the last two weeks?

      Reply
    • Mr. Murphy: Along with the highly respected Boston lawyers Eric Macleish and Mitch Garabedian, who won a huge number of civil cases for victims of pedophile priests, John Manly is considered to be one of the top lawyers for victims of priests in this country.

      Predator priests have murdered the souls of thousands of boys; destroyed promising lives. I ‘d say Manly was spot on in what he said.

      Reply
    • Sorry, replies were meant for Anonymous, not Gerard Murphy.

      Reply
    • Extradite the pariah to where he was initially charged.
      No further comment.

      Reply
    • To Anonymous, On “Lie Detector” tests.

      Polygraph tests are not reliable. Here’s what the American Psychological Association (APA) has to say about Polygraph tests:

      “Most psychologists agree that there is little evidence that polygraph tests can accurately detect lies.”

      “There is no evidence that any pattern of physiological reactions is unique to deception. An honest person may be nervous when answering truthfully and a dishonest person may be non-anxious. Also, there are few good studies that validate the ability of polygraph procedures to detect deception. As Dr. Saxe and Israeli psychologist Gershon Ben-Shahar (1999) note, “it may, in fact, be impossible to conduct a proper validity study.” ”

      “Evidence indicates that strategies used to “beat” polygraph examinations, so-called countermeasures, may be effective. Countermeasures include simple physical movements, psychological interventions (e.g., manipulating subjects’ beliefs about the test), and the use of pharmacological agents that alter arousal patterns.”

      “Most psychologists and other scientists agree that there is little basis for the validity of polygraph tests. Courts, including the United States Supreme Court (cf. U.S. v. Scheffer, 1998 in which Dr.’s Saxe’s research on polygraph fallibility was cited), haverepeatedly rejected the use of polygraph evidence because of its inherent unreliability. Nevertheless, polygraph testing continues to be used in non-judicial settings, often to screen personnel, but sometimes to try to assess the veracity of suspects and witnesses, and to monitor criminal offenders on probation.Polygraph tests are also sometimes used by individuals seeking to convince others of their innocence”

      That’s why the polygraph tests were not admitted, and very likely just a ruse by the defense attorney to rile up folks such as you, who blindly support child molesters.

      Reply
    • mattoid 18/04/12 #

      You mean Jeremy Kyle has wrecked all those healthy relationships because of unreliable lie detector tests? ;)

      Reply
    • Anonymous
      How do you know he was being steam rolled ? He left in the middle of the court case ? My understanding is that not all the evidence has been heard yet !
      Strange that you were watching this case very closely …. I only heard about it when Kelly fled home

      Reply
  • How can anyone convicted of a crime in another country be able to get through any port of entry into this country.Wake up Ireland….

    Reply
    • If you read the article you will see that no criminal charges could be brought against him, because of the statute of limitations had expired. Therefore, he has no criminal conviction and is free to go where he likes!! I don’t know the case so can’t comment any further than what is written in the article above. But given the attitude of the vatican on these issues and their reluctance to accept any responsibility are you really surprised by the actions of this so called ‘priest’??

      Reply
    • Mr. Eagle: The Modesto Bee in California reports that additional victims of Kelly have just come forward and that the detectives are investigating. I am certain Kelly got wind of this:

      http://www.modbee.com/2012/04/17/2162260/priests-flight-to-ireland-halts.html#storylink=omni_popular

      Sgt. Chris Hewitt, spokesman for the Calaveras County Sheriff’s Department, said Tuesday that his agency continues to investigate Kelly.

      The investigation was triggered by an altar boy who reported being abused by Kelly when Kelly worked at St. Andrew’s Catholic Church in San Andreas. Hewitt said the investigation remains open because detectives have identified more alleged victims and need to conduct further interviews

      Reply
    • Thanks VB that is all well ‘n good, but I was simply giving PD an answer to his question as to why this priest could freely leave the US and gain entry to Ireland without alarm bells going off! As the article reports no conviction was brought against him due the statute of limitations expiring. Now reading the article there seems to be a confliction here as on one hand it says he is convicted of sexual misconduct, but on the other hand no criminal conviction was brought against him??

      I can only assume he was tried, found guilty but escaped the conviction because the statute of limitations had expired?? But then again how can the case go to trial if the statute of limitations had expired?? Confused?? Perhaps when I have more time I’ll do a bit or research…..

      Reply
    • Hi, Mr. Eagle:

      Kelly was found guilty in a CIVIL suit. The victim was 37 years old and his case was too old for a prosecution in a CRIMINAL investigation. However, last fall a boy who said he had been sexually assaulted in another parish, St. Andrew’s in San Andreas in 2002 IS within the statute of limitations for a criminal case. Additionally, after the civil trial, the Modesto Bee reports that other victims have gone to the police. I do not know if their case falls within the statute of limitations for a criminal case. But the victim from 2002 is within statute.

      So, no Kelly hasn’t had to stand charges in criminal court…… yet. But if criminal charges are filed, I hope that Ireland will extradite him.

      Reply
    • Thanks VB, btw you can drop the Mr, we are all good friends here! ; )

      Agreed, if there are additional charges then he should return (preferably voluntarily) to the US to face a trial of his peers and not be allow hide here in Ireland.

      Reply
    • Jack: Alas, look at what Kelly’s lawyer said about him returning to the US for the remainder of the civil trial:

      Meanwhile, the attorney for the victim, who is seeking damages, said his client had been “raped again” symbolically as the result of Kelly’s departure. And Kelly’s attorney, Thomas Beatty, said his client informed him during a five-minute phone call from Ireland on Monday that he will not be returning to the United States.
      “I hope that we will change his mind,” Beatty said. “I’ve urged him strenuously to do so, as has (Bishop Stephen Blaire). But his comment repeated to me was that he’s gone home to die with his family.”

      Read more here: http://www.modbee.com/2012/04/17/2162260/priests-flight-to-ireland-halts.html#storylink=cpy

      Reply
    • The fact that he was’nt convicted of a a crime under the california law should’nt apply to Ireland.We have our own laws, if he is sex offender the irish state should at least know this.

      Reply
  • Also, John Manly, the lawyer who represents the victim in the civil case against Kelly, states that he will be seeking contempt charges against former Archbishop of Los Angeles, Roger Mahony, for failing to show up for the trial.

    Here’s the actual link to the story posted by the Dr. William Ayres blog ( Ayres was a child psychiatrist who was arrested in California for molesting boys) asking that ANY Victims of Father Michael Kelly come forward: http://www.williamayreswatch.blogspot.com/2012/04/to-victims-of-father-michael-kelly-of.html#comment-form

    Reply
  • Statute of Limitations in California Law states that child abuse cases can only be criminally prosecuted up to 10 years after the act, or one year after police are notified (2005). He’ll never spend a day in prison. Thankfully we don’t have that.

    Reply
  • Why was he allowed to leave when he was supposed to be giving evidence? He claims to be a man of God, and yet he is only thinking of one person..himself…does he care about the person he abused? no! or the church that he claims to love? no!!!

    We have enough of these priests here, we dont want him back here, let him die in exile there!

    Reply
  • The case against Kelly was initiated when his accuser “recovered his memory” of the abuse in 2006. “Recovered memories” are notoriously unreliable. In Ireland, the celebrated Nora Wall case was based on similar repressed memory evidence which was later found to be baseless. That was after Nora Wall was convicted of rape and vilified in the media. It was one of the most significant miscarriages of justice in the history of the State.

    See: http://en.wikipedia.org/wiki/Nora_Wall

    Likewise, in the UK in the late 80s and early 90s there was the notorious “satanic ritual abuse” scare where children were taken from their families and lives destroyed all because of “recovered memories” which had no basis in fact whatsoever.

    See: http://theisticsatanism.com/asp/sra.html

    Accordingly, we should be very circumspect about this man’s guilt. It is highly unlikely that he would ever have been convicted in this country based on such “evidence”.

    It all smacks too much of the Salem Witch Trials for my liking.

    Reply
    • Mr. Finn: The victim from 2002 who is young, did not repress his memories. The victims who came forward within the last two weeks did not repress their memories. There are far, far, far too many victims now for you to fall back on that tired argument. You might also want to check out the Father Paul Shanley criminal case in Boston. One of his (many ) victims also had a repressed memory. Shanley’s lawyer tried to have the conviction thrown out on this, but the Massachusetts Supreme court upheld the ruling. Shanley is rotting in prison as we speak.

      Bear in mind that the detectives in Calaveras County are investigating the numerous allegations from victims.

      Reply
    • I do not think that a recovered memory is any less significant . I think people should have the opportunity to voice their fears and look for justice .

      Reply
    • For all I know, he may well be guilty, Victoria, but I contend that repressed memory evidence – the mainstay of the case against him – is notoriously unreliable as outlined in the links in my previous post. We learned that the hard way in this country with the Nora Wall case and guilty verdicts in other jurisdictions based on similar allegations should therefore be treated with extreme scepticism.

      Reply
    • Took the words out of my mouth, so to speak, John. A conviction based solely on a recovered memory should never have happened. Even if the statute of limitations hadn’t been up this case would never have seen a criminal court.

      Men who abuse children should be dealt with severely but they should still get a fair trial and we should be sure they are guilty before we castrate them. Hopefully the other cases will have some more evidence that will confirm this case but this conviction is an apauling indictment of how bad the American court rooms have gotten.

      Reply
    • It still does not excuse this man’s cowardice at running away , instead of staying and facing his accusers. …

      Reply
    • Susie: Agreed. Add in the fact that a SECOND victim came forward in 2011- who never repressed his memory of what he says was being raped by Kelly, then this is a problem for Kelly. Word is that the other victims who have gone to the sheriff’s office in the last two weeks never repressed their memories either.

      Do you think it’s a cakewalk standing up there and talking about the details in public about what happened?

      I know of victims who only remember “bits and pieces” of the assault. Gradually, more horrifying memories that they had tried to suppress all came rushing back. ALL victims of abuse work hard to disassociate, or forget or repress.

      Reply
    • False Memory Syndrome is a pseudo scientific construct used to undermine witness testimony, in order to protect, usually important or upstanding abusive men, particularly in incest cases. It is very difficult to prosecute such cases at the best of times however ever since it was first concocted by mathematician Peter J. Freyd and his wife as a defense against accusations of sexual abuse by his daughter, it has become a favored device in defense cases. Essentially it amounts to an elaborate method of explaining how the victim imagined it, in order to preserve the family reputation, or in some cases an abusive holy man. I don’t suggest there are never cases where a victim would lie about abuse, however this would be a very rare occurrence, given most victims are very reluctant to come forward to begin with, for obvious reasons.

      A more extensive examination of FMS can be found here …

      http://www.leadershipcouncil.org/1/res/dallam/6.html

      Reply
    • As stated, a number of victims have come forward to law enforcement. One man, younger, went to the police in 2011 to say he had been sexually assaulted by Kelly at St. Andrew’s in San Andreas. Several other men just recently went to law enforcement to file complaints against Kelly.

      The victim in 2011 never forgot what happened to him.

      Reply
    • Yeah john….catholic preist abuses alter boy “very unbelivable”

      Reply
    • Let those witout sin cast the first stone, id say there are plenty of sinners posting here

      Reply
    • Hugh … I will wager that all the ”sinners” posting here are NOT ,Cleric Pedophiles.

      Reply
  • If he has no case to answer then why did he flee? Most likely advised by the catholic church’s lawyers to get back to Ireland, a safe haven for pedophile priests, and where their protection is more important than that of the victims, where he so called ‘leader’ ie Brady kept his job despite his role in the now notorious role in helping to silence two young victims and then staying silent for over 20 years whilst an evil pedophile cleric abused even more kids. Welcome home padre to the Theocracy of Ireland, the land of no accountability and where there’s little or no will on the part of the govt or law enforcement to deal with clerical abusers! He should have been put back on the first plane to the US. No doubt he’ll be using the well worn out old chestnut of claiming he’s too ill to stand trial just like many of the other pathetic pedos who have ran away or are hiding out in various catholic church safe houses around the country and abroad. Don’t expect to see or hear much from him in the next few months he’ll no doubt be keeping a very low profile apart from the usual begging for forgiveness routine which is now run of the mill for these kind of events.

    Reply
  • So he wasted 40 years of his life serving the most corrupt intuition in the world. No wonder he’s a weirdo!

    Reply
  • Not that I’m any big fan of the church or anything, but the article says he fled when due to give evidence about the churches mishandling of the case.
    He did stand his trial for his crimes to give him due credit.
    Chances are he was told by his superiors to get lost lest he say the wrong thing giving evidence and land them all in it as co conspirators..
    He should have stayed, but I’d imagine he’s pretty scared, and by virtue of him being a priest he has to do what he’s told.
    It doesn’t excuse him by any means, but it may explain why he fled.

    Reply
    • No, his superiors were aghast and shocked, and have made a public plea for him to return. Even his superiors aren’t that stupid to give him advice to flea. As stated, now the district attorney and sheriff’s office- who are interviewing new victims- are weighing whether to get him extradited.

      Reply
  • The Catholic Church is now trying to silence victims’ support group in America

    Years after Catholic bishops swore to clean up their act after decades of sexual abuse by priests and cover-ups by their leaders, the Catholic Church is proving that old habits die hard.

    The New York Times reported recently that attorneys for the church have subpoenaed records from the Survivors Network of those Abused by Priests, known to most people as SNAP, as part of sex abuse lawsuits in St. Louis and Kansas City. The subpoenas demand e-mail records and, in some cases, testimony — even though SNAP isn’t directly involved in the suits.

    The Missouri strategy is clear: Make victims afraid to talk to SNAP and bury them under legal fees — the tactic corporations such as tobacco firms use to silence smaller opponents: Intimidate, outspend.

    For decades, the Catholic hierarchy — behind the backs of its innocent clergy and millions of parishioners — used intimidation and secrecy to hide accusations that priests molested children. Now, it’s using the same tactics to silence a group that gives aid and comfort to the priests’ victims.

    The church’s new legal assault on SNAP is unconscionable. For decades, paedophile priests created thousands of voiceless victims. SNAP gives those victims a voice — and now the bishops want to silence that, too.

    Reply
  • Dario Fo 19/04/12 #

    He was kidnapped by the P.R.U. Put on a rendition flight to Shannon. Taken to the bishops palace for interrogation and is now been kept at camp pink, in All Hollows College..

    Reply
  • Just in from the Sonora California paper, the Union Democrat

    http://www.uniondemocrat.com/News/Local-News/Kelly-flight-mires-probe

    Kelly flight mires probe

    Written by Craig Cassidy, The Union Democrat April 18, 2012 01:42 pm
    Calaveras County law enforcement officials Tuesday said they were still deciding what to do about the Sunday flight of former Catholic priest Michael Kelly, who is under investigation for accusations he abused a former altar boy at a San Andreas church.

    Sheriff Gary Kuntz said he was meeting with investigators and representatives from the Calaveras County District Attorney’s Office to discuss options, including possible extradition.

    Reply

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