Exploiting 1st Amendment, Franciscans force parishioners to report pedophilia in Confessional, to keep it secret, as recently as 2008

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UPDATE: Thursday afternoon: Still swamped at work, will get this story out as soon as possible, stay tooned...

(Wednesday: Sorry for one post after another but I can't sit on this information overnight, it is too alarming, more from complaint filed Nov. 3 in Santa Barbara:)

The Franciscans now are exploiting the Religious Freedoms Protection of the First Amendment to the U.S. Constitution in order to avoid their obligations as mandatory reporters under Penal Code section 11166.

"A parishioner met with Franciscan Father Michael Harvey at his parish in 2008. When the parishioner stated he wished to discuss notorious Franciscan perpetrator Father Gus Krumm, Father Harvey’s response was immediate and premeditated:

Before the parishioner could say anything further about Krumm, Harvey insisted that any discussion regarding Krumm be in the context of the confessional, thus rendering the communication penitential.

(From the words of a former parishioner at the Franciscan parish in Orange County, California, St. Simon and Jude, July 2009.)

So Franciscans Can Avoid Ever Testifying By Making All Talk of Pedophile Priests Part of the Sacrament of Confession, So Religious, Private, Secret

Under Penal Code section 11166(c)(1), clergy can avoid their obligations to notify law enforcement of reports of childhood sexual abuse if their knowledge or suspicion is acquired in the context of a penitential communication.

Thus, by insisting the parishioner make any disclosure regarding Krumm as a penitential communication, Father Harvey insured he would have no reporting obligation under section 11166 in the event of a report of childhood sexual abuse.

The legislature could not have intended section 11166(c) to be used as a shield by entities that protect perpetrators of childhood sexual abuse, but that is exactly what Father Harvey and the Franciscans have accomplished by insisting that any reports of misconduct by Franciscans be made in the context of penitential communications.

The U.S. Constitution Turned On Its Head

The Franciscans have turned the Constitution on its head, using First Amendment protections to shield Franciscan perpetrators from law enforcement and to make the world a much more dangerous place for children.

As a result of such efforts by the Franciscans efforts to protect their predatory members, very few of these men have been prosecuted, convicted, and forced to register as sex offenders. Thus, the Franciscans have successfully concealed the identities of an unknown number of Franciscan perpetrators.

Full in depth report this by weekend maybe sooner here at City of Angels Blog.

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