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Spiritual Life Blog ~ Spiritual Life reflects former Tribune Spiritual Life editor Lawn Griffiths' commentaries and insights into spiritual and religious issues and events, as well the inspiring, offbeat and unorthodox things he comes across covering the landscape of faith and belief.

Valley’s dean and pioneer of rabbis, Albert Plotkin, is dead

February 3rd, 2010, 9:42 am by lawngriffiths

Rabbi Albert Plotkin, the colorful, enthusiastic dean of rabbis in the Valley, died early Wednesday of a heart attack. He was 89. 

 The rabbi’s daughter, Janice Plotkin, was at his side. His beloved wife Sylvia had died in 1996.   For Jews in Arizona, Rabbi Plotkin was a pioneer and pathfinder — skilled at speaking and sharing and never afraid of interfaith dialogue.  He long led Congregation  Beth Israel, a Reform Jewish congregation on the near west side of Phoenix, which later relocated  to the border of north Phoenix and Scottsdale, much closer to the concentration of Valley Jews.  There he served as Rabbi Emeritus.  He taught all subjects Jewish and led classes and workshops across Arizona in the later years of  his nine decades of life.

I had interviewed him a number of times for articles and found him to be a giant of intellect and humanity. He always enjoyed to joke about the fact that he had earned a degree from the Roman Catholic stronghold of Notre Dame University.  He and I were among the eight recipients in 2008 of the Arizona Interfaith Movement’s Golden Rule Awards — he in religion and I in media.   He was a frequent guest on Pat McMahon’s shows on KTAR.  He really pioneered tolerance of faiths in the Valley when Jews were few in the area.

The Rev. Dr. Paul Eppinger, head of the Interfaith Movement, that the rabbi “ has been a dearly loved man of God, deeply committed to interfaith relationships and a great leader in the valley over the past many years.”

Born and raised in South Bend, Ind., he earned his Notre Dame degree  magna cum laude in 1942.  Ordained in 1948 at the Hebrew Union College in Cincinnati, Rabbi Plotkin served in rabbinates in Seattle and Spokane before becoming the spiritual leader of Temple Beth Israel in Phoenix in 1955.  In December 1989, Arizona State University conferred an honorary degree on him.  In 1967, he had received a doctor of letters degree from Hebrew Union College in Los Angeles, which gave him an honorary doctor of divinity degree in 1973.

A man of short stature, he oozed with energy about his community and his responsibilities as a  teacher of Jewish history. He was in much demand to give talks and tells his rich stories.

His funeral will be 10 a.m. Friday (Feb. 5) at Congregation Beth Israel, 10460 N. 56th St., Phoenix.

Last gasps by those who cannot accept homosexuality

February 2nd, 2010, 11:44 am by lawngriffiths

It is breathtaking to see evidence of progress in ending the tyranny of discrimination against people who are gay, lesbian, bisexual and transgendered.  What’s fascinating is hearing the last gasps of conservatives who try to build a case against loosening their bindings  and blinders of intolerance.

Pope Benedict XVI got word of the recent vote by the parliament of Portugal to legalize same-sex marriage and labeled gay marriage an “attack” on the natural difference between men and women.”  It got even sillier when he said such “blurring” genders through acceptance of transgendered people would “kill off the human race,” according to a news report .

The HuffingtonPost noted that the 125-91 parliamentary vote puts Portugal in line with other nations that have OK’ed gay marriage: Norway, Belgium, the Netherlands, Sweeden, Spain, Canada, Mexico and South African. Some of these countries are predominantly Roman Catholic.

Six U.S. states now permit it.   The pope used a talk on the environment to condemn homoesexuality:  “One such attack comes from laws or proposals which, in the name of fighting discrimination, strikes at biological basis of the difference between the sexes.”

National Public Radio today told of an effort to hold the first Mr. Gay China Beauty Pageant.  All planning was going forth when the international media showed so much interest in the breakthrough that — wouldn’t you know it? — the Chinese government put a stop to it an hour before its start, saying the pageant organizers had not gotten a license to hold it.  There had been eight contestants, with the winner to go to Norway for the international competition  NPR said the Chinese health ministry claims the huge nation has only 5 to 10 million homosexuals, while a Chinese sexologist put the number at 38 to 40 million.   The report said that prior to the communist government, China had centuries of acceptance of gays.

The U.S. military’s cruel and ridiculous  “Don’t Ask Don’t Tell” policy, adopted during the Clinton presidency, finally may be scrapped. President O’bama should have ended it as one of his first acts of office, but he is taking the much more labored and measured procedure of setting up a panel to review the policy.  The fact that more than 10,000 men and women have been booted from the armed services only because they are gay is an outrage and a waste, especially in war time.  The review,  announced Tuesday, will take about a year before an official action is offered. Congress must make the final determination.

 Here’s hoping that the whole tortured policy is dumped.  Sen. John McCain, R-Ariz., ranking member of the Senate Armed Committee, made his usual tired remarks Tuesday that it would hurt military morale — sort of the same mindless reasons given for banning blacks and women from serving in uniform.  I served two years in the Army (1969-71) and knew of gay servicemen and my morale surely was not affected.  They did their jobs as well as anyone else.  McCain is on the wrong side of history on this one.

 Enlightened servicemen see way, way past such nonsense and simple thinking.  Meanwhile, our society is quickly awakening to the fact that homosexuality is all part of the human experience, that we should love and recognize gays as part of us and afford them every opportunity that comes to us.

Uganda is about to authorize harsh, cruel crackdown on gays

December 16th, 2009, 9:09 am by lawngriffiths

Poor Africa.  Centuries of exploitation, tribal wars, the unspeakable slave trade, its struggling to join the modern world in the face of poverty, corruption, dictatorships, AIDS and so many other forces.   The huge continent with such beautiful people whose eyes are full of hope seems paralyzed at making meaningful progress. 

What is going on in Uganda is daunting  and demonstrates how far behind cultures can be in reaching a level of  true humanity and social justice.  Later this week, the eastern African nation’s parliament could be revising its penal code to make homosexuality subject to stiff jail terms. Even those people who would protect gays from police crackdowns would be  subject to prosecution.  It has prompted an outcry from around the world, and it raises questions as to what prompts a society to come down so harshly on same-sex relationships. It underscores anew the question of what is it about homosexuality that blacks, find so unacceptable, even in America where it would seem centuries of discrimination would make them less likely to  marginalize gays.  The passage of Proposition 8 in California last year that outlawed same-sex marriage was bolstered by seven in 10 black voters favoring it, while whites and Asians were evenly split, and Hispanics slightly in favor.

Perhaps Africans seeing the devastation of AIDS to their populations refuse to differentiate between homosexuality as non-chosen fact of life and the illness and death that come from AIDS.  In any event what is happening in Uganda is terrifying.  The Anti-Homosexuality Bill, if adopted, would spur “a witch hunt of homosexuals in the country,” human rights groups told CNN.  It lists the provisions: 1) gays and lesbians convicted of having gay sex would be sentenced, at minimum, to life in prison; 2) people who test positive for HIV may be executed; 3) homosexuals who have had sex with a minor or engaged in homosexual sex more than once, may also receive the death penalty; 4) the bill forbids ‘the promotion of homosexuality,’ which, in effect bans organizations working in HIV and AIDS prevention; and 5) anyone who knows of homosexual activity taking place but does not report it would risk up to three years in prison, CNN reports.

A UN special envoy on AIDS in Africa, Elizabeth Mataka, said such policies and threats would only drive people away from counseling and testing.  CNN said homosexuality has already been illegal going back to colonial-era laws, but that the new changes would “put teeth into prosecuting violators.”  Additionally bizarre would be a provision that  Ugandans who would participate in same-sex activities in countries where it is illegal could be still prosecuted back in Uganda.  “They are supposed to be brought back to Uganda and convicted here. The government is putting homosexuality on the level of treason,” said Frank Mugisha, a Uganda gay who spoke to CNN.

Tragicaly, religious leaders in Uganda are giving such laws their blessings. The mostly Muslim and Christian nation of 32 million people was polled in July, and 95 percent of respondents said they opposed legalizing homosexuality, as if  being homosexual is something man’s law actually could control.  CNN said a Uganda tabloid outed 45 gays and lesbians, laying them open to arrest.

In the U.S, CNN reported, a coalition of Christian leaders released a statement Monday, to denounce the bill.  “Regardless of the diverse theological views of our religious traditions regarding the morality  of homosexuality, in our churches, communities and families, we seek to embrace our gay and lesbian brothers and sisters as God’s children, worthy of respect and love.”

Laudably, human rights groups are calling on Western nations to withhold aid to Uganda if they adopt the new penal code. About 40 percent of  Uganda’s budget is said to depend on such aid.

Ingrained prejudice like that may not be overcome for untold generations.  It certainly raises awareness of the sharp contrasts of cultural understanding and social progress among nations and societies.  The needless suffering and persecution in Uganda that comes from this is immeasurable.  It reminds us, too, that we have a long way to go in the U.S. to ensure full equality of all people regardless of  sexual identity or orientation.   Alas, religions are at the forefront of perpetuating such injustice, hatred and inhumanity.  When will they ever learn?

Bishop Olmsted to flip the switch for Catholic radio for Arizona

December 11th, 2009, 6:23 pm by lawngriffiths

They must be thrilled down at the Phoenix Catholic Diocesan Center with word that Immaculate Heart Radio has opted to provide regular Catholic radio to the Valley.  Bishop Thomas Olmsted will even   have his regular weekly show to talk to Catholics and others. 

 As splintered as radio and TV media are, how challenging will it be for the station to capture ample Catholic listeners? Certainly, it will be strongly promoted in Catholic Mass bulletins and diocesan publications and Web site.

Immaculate Heart Radio will take the 1310 spot on the AM dial, and the call letters are KIHP.  It will be called Immacuate Heart Radio.  Founded in 1997 with its first station in Reno, Nev., it has grown to 23 broadcast facilities across California and New Mexico.  Programming begins officially at 3:30 p.m. Dec. 17 when Olmsted will do the official blessing and then flip the switch  that puts  its on the air. That will take place at Mt. Claret Retreat Center, 4633 N. 54th St. (just off Camelback Road), Phoenix.

"We are very excited to serve the church in this way by bringing the best Catholic programming from around the country and around the world to Arizona" were the words of Doug Sherman, president of Immaculate Heart Radio.  He said the station will begin working with the diocese to develop local progrmming , including  "The Bishop’s Hour." It will  "give Bishop Omsted an opportuntiy to use the radio to reach his flock," Sherman said.

Olmsted said, "Bringing Catholic Radio to Arizona is a dream come true for many of us. This project is one that I gladly endore and prayerfully support."  Owners said, that "programming is primarily focused on evangelization and catechesis, but devotional hours including the rosary and Mass, and Catholic news from around the world are also key elements in the broadcast day.  Programs that focus on youth and young adults, as well as family and marriage counseling, are also featured."  For more information, go to its web site,  ihradio.org.

 

 

, with 23 broadcast facilities in California and New Mexico

Good news for Good News Church in Gilbert over federal sign ruling

November 20th, 2009, 4:29 pm by lawngriffiths

Over the years, I have been outspoken at cities’ absurd ordinances to control signs — especially the double standards of allowing ostentatious signs for commercial interests but being dastardly stingy with smaller interests.  The sign policy makers and policers like to say they are helping the ambiance of communities as they begrudgingly allow for signs too small to be seen or read by drivers.

Signs, historically and traditionally, have been integral to community communications.  My own city of Tempe, at one time, used to pride itself on ordering business signs to be small, sterile and anything but user-friendly.  In recent years, they allowed for greater size and display — although the city of Tempe has no feet to stand on when one sees the huge signs of Tempe Marketplace from the Red Mountain Freeway  or the area along  I-10 corridor in south Tempe  that includes IKEA signs.

So I was thrilled to see a court ruling Friday that came down on the side of Good News Community Church in Gilbert in its fight with the Town of Gilbert. The U.S. Court of Appeals for the 9th Circuit Court ruled that the federal court should have considered Gilbert’s sign ordinance unconstitutionally discriminates against religious signs among all non-commercial signs. With that decision, the 9th Circuit sent the case back to the district court for a decision.  The church has been defended by Scottsdale-based Alliance Defense Fund.

ADF’s senior legal counsel David Cortman had argued the case before the 9th Circuit Court on April 15. He said, “Churches shouldn’t be discriminated against by a city’s sign ordinances.  The goverment cannot require churches to abide by stricter rules than it places on other non-commercial signs.” Further, Cortman said, “The Constitution prohibits government officials from singling out religious groups for that kind of discrimination.”

Here’s a line from the 9th court’s ruling in the case of Reed v. Town of Gilbert: “Gilbert has adopted a sign ordinance that makes one’s head spin to figure out the bounds of its restrictions and exemptions.”  When ADF filed its lawsuit against the city in 2007,  the Town of Gilbert agreed to a preliminary injunction prohibiting it from enforcing its sign code against Good News.  Gilbert’s code required church have signs smaller in size, fewer in number and put on display for less time than comparable non-religious signs.  Even when the town amended it code, such discrimination against churches continued, the ADF said.  A quest to enjoin the town failed and ADF attorneys appealed to the 9th Circuit.

It is now up to the district court to consider such discrimination in Good News’ challenge within the context of  a preliminary injunction motion.

Certainly, cities and neighborhoods can be especially unfriendly to faith communities, especially when enough of the residents have a bone to pick against a particular religion or its theology.  It is not hard to develop a list of reasons why they don’t belong, using  the traditional NIMBY approach.  The not-in-my-backyard people have squelched countless worthy efforts.  That faith organizations don’t have a lot of resources for expensive permits and signage  is obvious.   Nascent congregations often use A-frame signs to catch the eyes of drivers and direct them to store-front meeting places or homes.  How can that bring deterioration to a neighborhood, especially when compared to all the garage sale signs that come in every form and description?

There’s nothing like churches to lay out garage sale bargains

November 9th, 2009, 7:05 pm by lawngriffiths

I don’t have to convince many people when I say churches and temples hold some of the best garage sales.

Over the years, I have been to many such sales and have made huge hauls of stuff  home for reasonable prices.  The superiority of the used merchandise at these houses of worship can be explained easily:

  • It’s a true “large family” garage sale. The call goes out to the entire congregation to contribute.  It’s easy to communicate to the members through the usual outlets for their bounty, including using the church bulletin or  e-mails, paper or electronic newsletter, signs on campus or other timeworn methods.  Volunteers can easily be found to go to members’ homes to  pick up items.
  • Churches have ample space to display the vast inventory– indoor fellowship halls and dining tables that are right there to line up and spread out.  If organizers opt for the outdoors to hold it, they have a parking lot, often at  a major thoroughfare where they can catch drivers’ attention – or they can use a large patio for spreading things out.
  • There no real challenge to throw in serving meals and charging a nice price for a homecooked meal.
  • Leftovers can be sold half-price on Sunday morning before and after services.
  • I would submit church members are more willing to part with things for a church sale because the proceeds will help what they are already invested in.
  • People look for large sale where there is lots of quanity and quality.  I would suggest that church garage sales aren’t as likely to put out junk.  Perhaps, church members are more predisposed to “recycle” their possessions rather than put them into the Dumpster because of the teachings to take care of God’s earth.
  • Usually a church campus has a room or large shed where items can be collected across months and stored to ensure a bigger sale when the time comes to hold it.

On Saturday, my church held a massive book sale, sponsored by the women’s organization.  Boxes and boxes of book began showing up as soon as it was announced in the summer — and they kept pouring in.  It was held on the patio under walkway cover, in case of rain. On Saturday, the boxes of books had to be hauled from a classroom and put onto tables — sort of by categories.  I was immediately impressed by the broad genres of reading by my fellow church members and by the quantity of books that they were parting with.

As always there were the early-comers wanting the first  grabs at the choice books.  And there were the book dealers with their fancy gadgets — their bar codes scanners that quickly give them information on the books and value.  They move quickly through the rows of books picking books selectively for their resale value.

We donated about 25 books and bought about 50.  I had donated, to the sale, books by authors whom I had interviewed during my years with the  Tribune, but I decided to buy them back — one by spiritual medium and psychic James Van Praagh and the other by Wiccan high priestess Phyllis Curott.   On Sunday, the book  sale organizers sold a grocery bag for $5, and my wife filled it to the brim with books now too cheap to pass up.  On Monday, the leftover books went to the Tempe Public Library, VNSA (formerly Visiting Nurses Association) and  the ARC of Tempe.  I was recruited to  haul  eight boxes of books to the ARC in my pickup.

Now we need to find shelf space for the books. That will take work. I so hate to double-stack book (one row behind the other) on shelves. But the biggest challenge will be finding the time to enjoy my new books and discover what lies within.

Mesa’s Broadway Christian hones 3 ministries to poor

November 6th, 2009, 7:00 pm by lawngriffiths

The barrel is never empty when people of deep faith take their work seriously.  Scripture is so rich with instruction of what needs to be done to reduce suffering, relieve hunger and round up idle things for those who truly need them.

Recently brought to my attention was the abiding and steady work of Broadway Christian Church in Mesa.  The Nov. 8 issue of “Church Executive” magazine carries a story by John Sloper, an ordained minister with Hospitality Solutions in Scottsdale. The one-time pastor and church camp director  thoughtfully lays out three distinct dimensions of ministry at Broadway.  Clearly things will work out where humble people go to  work with a goal of helping and then have trust that they will be furnishe with the resources to give out.

Broadway Christian has three separate ministries in place that go to serving people. They are food boxes, the Family Aid Ministry and Community Compassion. The beauty of the balanced outreach is that it is practical because some people may have food, but there are specific things that  threaten to doom daily life, like a car that has broken down, defective air conditioner or a lack of skills in negotiating social services.

In July, for example, Broadway provided food boxes to almost 400 families, or about 1,500 people. The demand has increased 250 percent in a year.   Sloper provides examples of people who come.  One is a man who lost his home and job. Then his wife left him in the stress of  it all. He was beset with taking care of their two daughters. They spent the summer living in a camper. The food boxes let him hold his little family together.

“Yes, there are phonies, playing the system and asking for food, but help is offered regardless, ” the article notes. “Volunteers are ready to pray with those who come in, so more than just physical needs are being met.”  The congregation is almost automatic in purchasing and bringing in what things are asked in church announcements.  They have put togther hygiene packets — 300 so far.  The food box minitry is entirely driven by volunteers.

The Family Ministry takes on the knotty issue of hearing daunting requests and finding a way.  Requests must initially be made on a hotline, and then six volunteers call those people to diligently  find out the problems and needs.  Such screening sorts out scammers.  With a can-do attitude and knowing where to go for  help, Broadway’s volunteers  are able to help with rent, gasoline, utilities help, transportation, etc.  Such help went to  600 families the past year. Family Aid funds come from nongovernmental sources and a November offering is very important.

Finally the Community Compassion leg, started a year ago, is about getting practical  help — fixing homes up, cleaning yards, making sure the AC is working,  getting a house up to acceptable standards, etc. Again a hotline is used to screen calls and sort out wants. To date 180 people have been helped in the first year. The costs are covered by the church’s budget.

“Cooperation is the key,” Sloper writes. “The three branches of community ministry try to work together.” The three ministries keep their distinctions and avoid duplication or redundancy with limited resources.  We salute Broadway Christian Church, 7525 E. Broadway Road, Mesa.

Perhaps, other faith communities can develop one, two or three similiar programs — start small but strive for quality and trust.

Snopes.com debunks fear FCC will nix Christian radio

October 18th, 2009, 9:55 pm by lawngriffiths

 I have long been amazed how often some conservative Christians stir the pot with a warning that there is about to be a great campaign to repress their religious freedoms in America. Using the late atheist Madalyn Murray O’Hair (whom I interviewed four time during her lifetime) as the poster child as the bogeyman that can wreak havoc, they build their case of government crackdown on religion by circulating an email that needs a million signatures by tomorrow or the FCC will bring darkness.

There are always variations on it, but it usually involves the American airwaves. This one came to me Sunday. Here are the first few words:  “One more right they are trying to take away!! Pastor Removal from Television.

Removal of Joel Osteen, Joyce Meyer, Charles Stanley, David Jeremiah and other pastors from the airwaves.
An organization has been granted a Federal Hearing on the same subject by the Federal Communications Commission (FCC) in Washington, D.C. Their petition, Number 2493, would ultimately pave the way to stop the reading of the gospel of our Lord and Savior, on the airwaves of America . They got 287,000 signatures to back their stand! If this attempt is successful, all Sunday worship services being broadcast on the radio or by television will be stopped….”

 

The  warning continues: “This group is also campaigning to remove all Christmas programs and Christmas carols from public schools! You, as a Christian, can help! We are praying for at least 1 million signatures. This would defeat their effort and show that there are many Christians alive, well and concerned about our country…. As Christians, we must unite on this. Please don’t take this lightly. We ignored one lady once and lost prayer in our schools and in offices across the nation. Please stand up for your religious freedom and let your voice be heard. Together we can make a difference in our country while creating an opportunity for the lost to know the Lord.”

 

When many people hear something so preposterous, it is time to turn to snopes.com, which takes such concerns and does the research to determine whether there is credibility to the assertions.   Snopes.com debunks this particular warning.   It tells of the relentlessness of this notion and how the FCC has been bombarded for three to four decades on the silly fear. The FCC simply does not have such authority any more than it could cancel the sun coming up in the morning. To see some of the cockeyed urban legends out there in the name of religion, check out to www.snopes.com/religion/religion.asp

 

Whether it is the notion that Orthodox Jews consummate sex through a hole in a sheet to one that scientists drilling in Siberia punched through to hell to one that a girl killed in a car crash in Cincinnati, Ohio, died from the dashboard plastic Jesus being driven through her heart by an airbag.   Snopes said it is true that former Texas Gov. George W. Bush declared June 10 as “Jesus Day” in Texas  and that a physician once put the bodies of the dead on a scale to check their weights before and after death to see whether they had souls.

Obama’s Nobel Peace Prize portends what lies ahead

October 9th, 2009, 3:26 pm by lawngriffiths

The world’s most shining award, the Nobel Peace Prize, has gone to President Barack Obama.

 Predicatably, American right-wingers dismissed it and found every way to diminish the honor.   We have already shown that Obama can do nothing to please the extreme right whose only goal is to bring him down no matter what good the president might bring to America and beyond.

 They are like the surly dogs that bark and howl at everything. It has become laughable now to watch these  goons:  how they condemned Obama a month ago for wanting to address school children about excellence and staying in school; how the president made a well-meaning trip to Copenhagen, Denmark, to tout Chicago’s bid for the Olympics (when heads of state of other countries had done the same); and now their knee-jerk clamoring to deprecate the Nobel Prize, saying Obama had no accomplishments to merit it.

The Nobel Committeee  cited Obama for “his extraordinary efforts to strengthen international diplomacy and cooperation between peoples.”   Much is being made about how closely after the President’s inauguration came last January to the deadline for nominating candidates.  “How could so new a president have done anything to justify such an award?, ” his critics say.

Yes, the committee, heavily weighted in Europe,  was heartened by the refreshing new attitude and tone that the world has been witnessing  in the White House.  Gone was George W. Bush,  whose reckless and bullying actions in international relations, had sullied America’s reputation for eight years.  So Obama’s statements calling for multilateral global inititatives, a strong push to reduce nuclear armaments, efforts to get Israel and Palestinian talks going and his using  less hostile language in all levels of diplomacy set well with the rest of the world.  Not to mention his speaking skills and ability to project hope.

I had the chance to meet three Nobel Peace Prize winners through the years:  Norman Borlaug (1970), the agronomist who was the architect of the Green Revolution;  Mother Teresa of Calcutta  (1979); and the Dalai Lama (1989).  Once I received a short personal note from Holocaust writer Eli Wiesel, the 1986 winner.

The Nobel Prize group is so impressive. Some of the most famous names:  Albert Schweitzer, Ralph Bunche, Lech Welesa, Bishop Desmond Tutu, Anwar Sadat with Menachem Begin, Jimmy Carter, Martin Luther King, Mikhail Gorbachev, Linus Pauling, Elihu Roo, Henry Kissinger, Al Gore and Theodore Roosevelt.

Obama was humble and reserved about the award, cognizant that his critics would say he did not deserve it — certainly not yet.  He wisely used it to say the award is for all those in the world earnestly working for peace on the many fronts in which he was leading the U.S.  He was wise to announced his financial prize was going to charity.

Such an award typically goes to old people whose body of work is clear.  The president has won the big one, so what is left?  Obviously, accomplising some of the major tasks that this nation and planet need accomplished.   Many who have earned awards  ”before their time” get a kick in the pants from winning it, and it gives them the license and go ahead to do great things to live up to their prize.

Appeal denied, Fushek will face accusers one at a time

October 6th, 2009, 8:58 pm by lawngriffiths

As it looks now, ex-communicated Monsignor Dale Fushek will be getting his way.  It seems he  will be able to take on his accusers of sexual misconduct one at a time. The five  males bringing complaints  won’t be ganging up to give “critical mass” to their cases and, together, try to show a pattern of actions by the clergyman.

It has been more than a year since San Tan Justice of the Peace Sam Goodman rejected the Maricopa County prosecutors’ arguments for one trial, but Prosecutor Barbara Marshall  appealed that ruling, arguing the five men’s stories and account needed to be shared in a single trial to prove Fushek’s pattern of sexual motivation. A Maricopa County District Court judge upheld that, and an appeal was filed.  Marshall voiced publicly that Goodman’s decision, if upheld, meant “our case has been cut off at the knees.   Late in September, Marshall and her team were informed the Court of Appeals had denied the requested reviews.

So the case goes back to Goodman’s court.  Fushek, who had ascended to be the second most powerful clergymen in the Catholic Diocese of Phoenix, as vicar general under former Bishop Thomas O’Brien, will be tried before separate  juries.  In 2007, he successfully won an Arizona Supreme Court ruling that allowed him to have jury trials, not trials before a judge. Goodman had previously ruled the trials would take place   in front of  his bench with his ruling on Fushek’s guilt or innocence. But Fushek successfully pressed for his own trials,  noting that he could be labeled a sex offender if convicted in a judge-ruled case.  And that could doom his ministry to families and children.

Fushek was first accused almost  five years ago, but the  long litany of rules, appeals and motions has stretched out disposition of the cases.  On Feb. 5, 2009, the Maricopa County Superior Court upheld Fushek’s case for  five trials to resolve the seven misdemeanor churges, brought by men who were teens in alleged incidents between 1984 and 1993.

 Together, they represent one count of assault, one of indecent exposure and five counts of contributing to the delinquency of a minor. Maricopa Judge Joseph Kreamer ruled that the series of incidents were separate and that it would be unfair to bundle them together  as if they were all related.   “The court does not believe that the alleged offenses are based on the same conduct , or are otherwie connected in their commission,” he had determined.  Kreamer said the incidents took place across the expanse of almost a decade, in various settings  and were not related close enough.

That jibed with Goodman’s original decision. Goodman had decided the five trials would be booked from the oldest  incidents to the newest. Each trial would follow the other  “as soon as practical following the conclusion” of each previous trial.

   The first is contributing to the delinquency of a minor complaint by Carl Mawhinney, who accuses Fushek of  “numerous sexually related discussions” about his sex life betwen 1984 and 1988. It would be followed by a trial, on charges of assault and contributing  to the delinquency of  a minor between 1985 and 1987, brought by Marc Tropio. The third trial would involve charges of contributing to the delinquency of a minor and indecent exposure, between 1987 and 1990, brought by Marc Olson.  The fourth trial would involve contributing to the delinquency of a minor between 1989 and 1991 where Doug Cordano contends Fushek  discussed his sexual activities. The final trial would focus on a count of contributing to the delinquency of a minor between 1991 and 1993 brought by Russell Swingle.   Should the first case end in acquittal, motions to dismiss the remander are almost certain.  Will it be a case of “separate and conquer”?

Fushek was one of the highest ranked officials charged in the sexual abuse scandals that have rocked the Roman Catholic Church. In late 2007, Fushek, while on a paid leave of absence pending resolution of the charges, started a non-denominatinal church, the Praise and Worship Center in Mesa, with another former, now married, priest, Mark Dippre.  It was in defiance of orders of  Bishop Thomas Olmsted who had ordered Fushek to sit out ministry pending resolution of his cases.  Olmsted subsequently excommunicated both priests.

Goodman has scheduled a hearing for 9 a.m. Nov. 6 for the sides to come together to move forward on laying out terms for the trials.

 

 

The Arizona Court of Appeals has decided not to review special

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