Thursday, May 09, 2002
Church inquiry widens
New subpoena demands more archdiocese records
By Dan Horn, dhorn@enquirer.com
The Cincinnati Enquirer
A new and expanded grand jury subpoena demands that the Archdiocese of Cincinnati turn over virtually every scrap of paper in its archives related to child abuse in Hamilton County.

Mike Allen
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The subpoena, drafted by Hamilton County prosecutors, reveals for the first time the scope of the investigation into priests and other church employees accused of abuse.
Prosecutors want any document created after 1978, including correspondence, telephone logs, diaries, check stubs, contracts, personnel files and psychiatric records.
In a letter sent Wednesday to other prosecutors in the 19-county archdiocese, Hamilton County Prosecutor Mike Allen said the new subpoena was needed because church officials did not provide enough information in response to an earlier subpoena.
Unfortunately, Mr. Allen wrote, the records were not as complete as we expected.
The Enquirer obtained Mr. Allen's letter, which included a copy of the new subpoena, through a request under Ohio's Open Records Act.
The six-page subpoena, or court order, also demands that the archdiocese's chancellor, the Rev. Christopher Armstrong, testify before the grand jury on June 3.
Prosecutors launched the investigation in March after church officials disclosed that fewer than five priests are employed by the archdiocese despite substantiated allegations of sexual misconduct.
Neither Mr. Allen nor attorneys for the archdiocese would comment on the subpoena or the grand jury investigation.
But the subpoena suggests Hamilton County prosecutors have decided to cast a wide net to determine whether priests or other church employees committed crimes.
The documents outlined in the subpoena include everything from appointment books to internal memos to notes taken by archdiocese employees.
In his letter, Mr. Allen concedes that the request for so many documents is an enormous undertaking.
For that reason, he said, his request applies only to documents related to Hamilton County cases, rather than for those in all 19 counties in the archdiocese.
Originally, Mr. Allen had hoped to review documents for the entire archdiocese, with the understanding he would give other prosecutors any records related to cases in their counties.
Mr. Allen said in his letter that he has determined that some records about child abuse cases may be scattered throughout the archdiocese, in individual schools and churches.
To get those records, Mr. Allen said, each county prosecutor should consider issuing his or her own grand jury subpoena.
Some of those prosecutors said they intend to do just that.
We'll do our own digging, said Clermont County Prosecutor Don White. I want to know the answer to this, too.
Mr. White said he has seen nothing to indicate there are any abuse cases in his county, but he wants to be sure. I hope we find that there are none, he said.
Prosecutors in some counties, including Montgomery County, already have issued subpoenas for information about specific cases in their jurisdictions.
Warren County Prosecutor Tim Oliver said he would consider issuing a subpoena to get information about the fewer than five priests. The question is, "Who are these five and where did it happen?' Mr. Oliver said.
Mr. Allen apparently hopes to answer that question with a broad search through church records. The subpoena demands documents from the archdiocese's general archives and secret archives.
The secret archives contain information about possible violations of canon law, the law of the Catholic church. Every diocese is required to maintain a secret archive.
Neither the letter nor subpoena explains why Mr. Allen wants all documents since 1978. But when the investigation began in March, Mr. Allen indicated that Ohio law has required church officials to notify law enforcement of abuse cases since at least the late 1970s.
He has complained on several occasions about what he describes as a lack of cooperation by the archdiocese.
Archdiocese officials have repeatedly said they are cooperating with law enforcement and have turned over all documents they are legally permitted to release.
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