|
By Monica Clark
Voice editor
Oakland Bishop Allen Vigneron has reinstated Father
Chris Berbena to active ministry after a lengthy review found that an
allegation of sexual misconduct with a minor while the priest was serving
in the Archdiocese of Los Angeles was unsubstantiated.
Throughout the nearly two-year period of investigation by the Diocesan
Review Board during which Father Berbena could not perform any priestly
duties, he steadfastly maintained his innocence.
In a Feb. 24 statement to parishioners of St. John Vianney Parish in Walnut
Creek, where Father Berbena was in residence, Bishop Vigneron said the
diocese first learned of the accusation in February 2004 when the Los
Angeles Archdiocese posted Father Berbena’s name on its website,
along with the names of every priest who had been accused of sexual misconduct
against a minor while working in the archdiocese over a 50-year period.
The diocese removed Father Berbena from ministry, a procedure followed
in all allegations of sexual misconduct with minors.
However, because the Review Board could not obtain the name of the accuser
nor the details of the accusation in order to conduct an investigation,
Father Berbena was returned to ministry as parochial vicar at St. John
Vianney Parish, said Dominican Sister Glenn Anne McPhee, diocesan chancellor
and victims assistance coordinator.
The alleged victim had presented the accusation to the Franciscan Order
of Santa Barbara in February 2004, claiming the abuse occurred in 1980
when Father Berbena was a Franciscan priest serving in the Los Angeles
Archdiocese. Father Berbena became a priest of the Oakland Diocese in
May 1997.
In March 2006, the Franciscan Order reached a settlement with the accusers
of 10 members of the order, including Father Berbena. This global settlement
was made without any admission of guilt and, in Father Berbena’s
case, without an opportunity to object to the accusation, said Father
Mark Wiesner, diocesan communications director.
However, the diocese determined that its policy required that Father Berbena
be again removed from active ministry, and the Review Board reopened its
investigation. During that time, Father Berbena continued to live in the
rectory at St. John Vianney Parish under the supervision of the pastor,
but he was not able to function as a priest.
Bishop Vigneron told parishioners in his Feb. 24 statement that the Review
Board conducted a “rigorous and detailed investigation” and
reached the conclusion that the allegation was unsubstantiated.
The Review Board is made up of a retired judge, two civil lawyers and
one canon lawyer, a clinical psychologist who specializes in sexual abuse,
a survivor of clergy sexual abuse, a pastor, a representative of an insurance
company and the diocesan chancellor.
“I have complete trust in the diocesan Review Board,” wrote
Bishop Vigneron in his message to parishioners.
In addressing the length of time spent on the investigation, Bishop Vigneron
wrote that he felt “morally bound and committed to abide by the
procedures we have instituted to ensure the safety of our children and
I had to let the process run its course no matter how much time it took.”
“Surely this was an excruciating length of time for Father Berbena
who has steadfastly maintained his innocence while his good name and the
fidelity of his priesthood have been questioned,” he wrote.
Upon hearing the bishop’s statement, which was read at all weekend
Masses, parishioners broke into spontaneous applause. Father Berbena celebrated
Mass the following Sunday.
This is the second time a diocesan priest has been reinstated after an
allegation of sexual misconduct with a minor could not be substantiated.
Father George Crespin returned to active ministry in May 2005, three months
after he had been removed following an accusation that he had acted inappropriately
with a minor while serving as pastor of Our Lady of the Rosary Parish
in Union City 30 years earlier.
The U.S. bishops’ Charter for the Protection of Children and Young
People requires the removal of any priest or deacon who faces a charge
of abuse. The Review Board conducts a full investigation and reports their
findings to the bishop. If the charge is found to be true, the removal
is permanent.
|
