Guys like Carl Mawhinney are wondering what is the latest holdup in getting former Monsignor Dale Fushek on trial for sexual misconduct. After all, the criminal complaints were first brought in late 2004, and it’s been 4 1/2 years of legal maneuvers and courtroom procedures before any testimony can be heard.
The founder of the international Life Teen Catholic youth program and one-time vicar general of the Catholic Diocese of Phoenix won a Maricopa County Superior Court ruling Feb. 5 that granted him five separate trials to resolve the seven misdemeanor charges brought by five males who were teens when they say they were abused by the priest while he led Life Teen and was pastor of the large East Valley parish, St. Timothy’s Catholic Community in Mesa.
The Maricopa County prosecutors had insisted they should be able to bring the evidence together from all the incidents between 1984 and 1993 involving the alleged victim in order to establish a clear pattern of misconduct and abuse. Fushek, who previously had won an Arizona Supreme Court ruling that he should get a trial by jury instead of before just a judge, faces one count of assault, one of indecent exposure and five counts of contributing to the delinquency of a minor.
In February, Superior Court Judge Joseph Kreamer ruled that the series of alleged incidents were separate and that it would be unfair to bundle them together as if they were related. “The court does not believe that the alleged offenses are based on the same conduct, or are otherwie connected in their commission,” the judge said in his ruling. He said they allegedly occurred across almost 10 years, took place in various settings and were not “otherwise connected.”
Now prosecutor Barbara Marshall and her team from the county attorney’s office want to make their case for separate trials to the Arizona Court of Appeals. There, a panel of three judges will hear from the two sides. I has been put on that court’s calendar for April 29.
Whether the ultimate ruling is stayed and Fushek will be able to meet his accusers one by one — or it is reversed and one trial is set — it would be scheduled in the San Tan Justice of the Peace Court (Gilbert jurisdiction), which is located in the court complex in downtown Chandler.
Last September, Goodman himself had ruled that the trials should be separated, but the prosecution appealed that to Superior Court, where his decison was upheld.
He had said the five trials would take place from the oldest alleged incident 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 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.
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, with another former, now married, priest, Mark Dippre. It was in defiance of orders of Bishop Thomas Olmsted, who has since excommunicated both men.
Where is the justice after waiting four years for a trial(s)?
agreed, where is justice for fushek? A quick and speedy trial should happen. If he is guilty, so be it, pay the price. If innocent, then name should be cleared.
I know Carl Mawhinney. He is the guy who uses fake names like Kyle and Cal to hook up with indiscriminate men in chat rooms. Carl and his pals back in high school were sleeping with a teacher , a priest,… Come on grow up Carl and take responcibilty for your own actions and stop acting so abused.
Wow Lang. I bet Mawhinney, while he was still in high school, even bought the jacuzzi for Fushek to use in his rectory with other boys! Did you mean “responsibility”?
Give the man his days in court with separate trials. It is obvious to this writer that few know how difficult it is to councel the young and bring so many back to the church. How successful FD was at ministering his church. He shook the ground that non believers walked on and stood tall on maintaining faith and the word of GOD to so many. His gifts to all faiths, the churches and to GOD, in the services he provided, scared so many they jump to bring him down. Ask him what he wants and give it to him in the form of a fair trial. Listen to what such a man must listen to just to guide the many and the young to accomplish so much in the name of GOD. Stand there with him on any day and see or hear what he has to indure or respond to in order to help or guide those in need. He has touched millions in a possitive way and we are simply shutting him down without a hearing, because a few, that he would defend, need help and guidance or council. You don’t know what you had! What you might have lost! From a man who trusted him with 3 and would again any day, and, I don’t even pracitce his faith. Face up to it. He touched us all in very positive ways and even scared some non believers. Treat him with the respect and reverence he deserves, sincerely, jack kriegel
My spouse and I were core ministers for Life Teen under Dale. We have no doubts in his GUILT! He was a complete phony. His presence on the altar was nothing more than a stage act.