Pubdate: Tue, 10 Jun 2003
Source: Atlanta Journal-Constitution (GA)
c205b00ca.html
Copyright: 2003 The Atlanta Journal-Constitution
Contact:  http://www.accessatlanta.com/ajc/
Details: http://www.mapinc.org/media/28
Author: Sheryl McCarthy, Newsday
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)

PETTY DEALERS DO TIME, BAD BISHOPS WALK

Why isn't this man in jail? That was my reaction upon learning that Bishop
Thomas J. O'Brien, head of the Roman Catholic Diocese of Phoenix, had cut a
deal with the chief local prosecutor over his role in covering up
allegations of sexual abuse by priests for decades.

At least 50 current and former priests and church employees stand accused of
engaging in sexual misconduct with minors in the diocese during the past 30
years. In his agreement with the attorney for Maricopa County, Ariz.,
O'Brien admits to knowingly allowing priests who were accused of sexual
abuse to work with children and transferring priests who were accused of
misconduct without warning their new parishes.

The county attorney says he has enough evidence to indict O'Brien for
obstruction of justice. But he's letting the bishop walk. There will be no
charges, no indictment, no trial, no prison sentence or even probation.
O'Brien's duties will be reduced. But he'll keep his title as spiritual
leader of the diocese. The Vatican has even refused to accept his
resignation. In short, he gets a walk.

When bishops start copping pleas, we're in trouble. According to one
newspaper's tally, seven bishops have resigned in disgrace since the church
sex-abuse scandal broke in the news media more than a year ago.

Hundreds, perhaps thousands, of children, women, seminarians, even nuns were
sexually abused and had their lives ruined by priests, while the bishops
looked the other way.

They used the same tactics that are used by organized crime. Intimidate the
victims. Pay them off. Hide the sins of the priests behind a code of
silence. And, as often happens in organized crime, the smaller fish get
caught while the big ones get away.

In New York a lot of names other than O'Brien's make up a litany of the
unlucky: Travis West, serving 12 to 25 years for selling a $10 bag of crack
to an undercover agent. John Martino, doing 15 to 30 for selling a $10 bag
of crack, his first offense. Denise Smith, 10 to 20 years for facilitating
the sale of a $5 bag of crack.

Because of the Rockefeller drug laws, New York's prisons are bulging with
small-time criminals who were convicted under a 30-year experiment in
overkill. Their punishment is justified because drugs destroy families and
ruin children's lives, so the argument goes. But the bishops also have
ruined children's lives by turning a blind eye to their molesters. So why do
they get off scot-free?

Two years ago, Gov. George Pataki promised to change the drug laws, but his
plan only picked around the edges of reform before dying altogether. It took
hip-hop record producer Russell Simmons, who took an entourage to Albany to
talk to the governor and legislative leaders, to get the ball rolling again.
However, it appeared Simmons' group left Albany without an agreement.

Judges need to have more discretion over whether to impose prison time or
some other punishment, and those long mandatory sentences for selling or
possessing small amounts of drugs need to go. The only reason this hasn't
happened already is cowardice on the part of the governor and legislators.

''My fantasy is that Russell Simmons will go on 'Oprah' with some of the
mothers of the inmates,'' one of the advocates for repeal told me. ''If
Oprah gets involved, I think the walls will come down.''

To admit that it may take Oprah to change these laws is another sad
commentary on our time. Petty drug sellers languish in prison while seedy
bishops go free.
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