Prosecutors are investigating whether psychiatrists at
Massachusetts General Hospital violated state law by failing to
report sexual abuse by priests in the 1990s, the Herald has learned.
The probe focuses on whether a panel of MGH psychiatrists called the
Priest Treaters Group, which met to discuss at least 17 clergy
abusers from 1994 to 1997, ignored the state's mandated reporting
statute. That law requires certain parties -- including physicians
-- to report all suspicions of child abuse to law enforcement
authorities.
"It is my hope their acts will be prosecutable," said Susan
Gallagher of Medford, a victims' advocate with the Coalition of
Catholics and Survivors who provided information that launched the
Suffolk investigation. "But even if they aren't judged criminal,
they should be exposed to the public."
Gallagher said she provided Assistant Suffolk District Attorney
David N. Deakin, who runs his office's sex crimes unit, with
deposition transcripts from a key MGH doctor and other data she said
support a case against the psychiatrists. "He was very interested
and he is investigating," she said.
A law enforcement source has confirmed the investigation.
Deakin declined to comment yesterday. Office spokesman David
Procopio said: "Whenever we receive information that a reporting
violation has occurred, we investigate to determine if a crime has
been committed. As a rule we do not confirm the identity of people
or groups being investigated."
A spokeswoman for MGH, Peggy Slasman, said, "We are not aware of any
investigation."
"These individuals were aware of their legal and ethical obligations
concerning their patients and the public with regard to safety and
confidentiality," she said.
The Priest Treaters Group was composed of a handful of psychiatrists
who served as consultants to the archdiocese -- both informally and
officially -- on clergy abuse issues. Some treated individual
priests accused of pedophilia.
According to depositions in clergy molestation cases, the head of
the Treaters Group was Dr. Edwin "Ned" Cassem, a Jesuit priest who
chaired the hospital's Department of Psychiatry for 12 years, until
2000. Other MGH psychiatrists in the group, according to Cassem's
testimony, included: Dr. Kathy M. Sanders; Dr. Edward Messner; Dr.
James Groves; Dr. Cornelia M. Cremens, and others.
Cassem also testified he consulted with two experts on treating
adults abused as children: Drs. Bessel van der Kolk and Raphael
Ornstein. Much of the work focused on improving the training of
priests to prevent sexual misbehavior later in their careers.
Members of the group -- some more than others -- also were presented
with the facts of individual offending priests, among them the late
John J. Geoghan and Paul J. Tivnan and George Rosenkranz.
Chapter 119, Section 51A of state law does not require doctors and
others to denounce admitted child abusers to authorities. Rather,
they are required to report if they "have reasonable cause to
believe a child under 18 is suffering physical or emotional injury"
from abuse.
A six-year statute of limitations lends urgency to the matter for
prosecutors.
The law has been widely interpreted to mean that mandated reporters
must only report when they know of specific injuries to specific
children. However, no one has ever been prosecuted for failing to
report -- the penalty is a fine of not more than $1,000 -- and
Gallagher and others believe the law should at least be tested.
"The issue has often come up of 'When are we going to prosecute a
mandated reporter for failing in their duty,' " said Jetta Bernier a
psychologist and executive director of Massachusetts Citizens for
Children. "The penalty is so minor. But we have long discussed it as
a 'send a message' issue."
Cassem, as head of the Treaters Group, appears to have known the
most about the abusers and their victims, according to his
testimony. As a Jesuit priest he was not a mandated reporter under
the law as it was written before 2002, but as an MGH psychiatrist he
was.
"51-A (the mandatory reporting statute) is something that was
mandatory education for all of us," Cassem said in a May deposition
in the civil case of Gregory Ford vs. Bernard Cardinal Law. But
Cassem acknowledged he never contacted authorities about any abusive
priest -- despite being intimately familiar with numerous clerics
who admitted abuse.
Asked if he ever advised the archdiocese "to contact law enforcement
or child protection agencies," Cassem replied: "I don't remember
that I did."
Responding to a related question, Cassem suggested he had not been
given specific details of alleged abuse. "I don't remember things
other than that a person was labeled as someone who had sexually
abused children," he said.
When plaintiff's lawyer Roderick MacLeish Jr. asked Cassem if he
thought abuse he was hearing about constituted "criminal activity,"
Cassem replied: "It was long past in the cases where it was reported
to me, as far as I know."
Cassem conceded he never asked MGH lawyers if statutes of limitation
had expired. He said he did not recall any discussion by the Priest
Treaters Group about whether the abuse should be reported.
Gallagher said victims advocates are especially concerned about
application of the mandated reporting law because "Attorney General
(Tom) Reilly placed such an emphasis on mandated reporting as the
centerpiece of protecting children in his official report" on sex
abuse in the church