Former Priest Geoghan's Conviction Vacated Because of Death During Pending Appeal

AP via TBO ^ | September 27,2003 | Theo Emery

[John W]

BOSTON (AP) - A court vacated the child molestation conviction of defrocked priest John Geoghan because he died in prison during his pending appeal, a ruling that angered accusers of the former cleric. The decision Friday by the Massachusetts Appeals Court is customary under state law when convicts die mid-appeal and attorneys seek to have their convictions voided.

Mitchell Garabedian, who represents many of Geoghan's alleged victims, called for the law to be changed.

"It's as though the reporting of father John J. Geoghan's sexual abuse, his trial, and the jury decision never existed," Garabedian said.

Geoghan's case triggered the sex scandal in the nation's Roman Catholic Church. He had been serving a nine- to 10-year sentence for groping a 10-year-old boy and was accused of molesting nearly 150 boys over three decades.

Last month, the 68-year-old was strangled and beaten to death in his prison cell, allegedly by fellow inmate Joseph L. Druce. Druce has pleaded innocent to murder.

The court vacated Geoghan's conviction for indecent assault and battery on Sept. 17, and ordered his original indictment dismissed after his attorney filed notice of Geoghan's death with the court on Sept. 2.

According to the ruling, state prosecutors neither opposed nor agreed to the motion from Geoghan's attorney that the conviction be vacated. A spokeswoman for Middlesex District Attorney Martha Coakley, whose office prosecuted Geoghan, did not immediately respond to a request for comment.

The attorney who represented Geoghan, David Skeels, did not immediately return a call seeking comment.

Ralph DelVecchio, 47, who settled the claim that Geoghan molested him when he was a child, said the vacated conviction means little to him.

"To be honest with you, I'm not paying any attention to this stuff any more," he said. "I settled things, I know what's what, and I moved on with my life."

Geoghan was not the first high-profile convict whose guilty verdict was voided because of a mid-appeal death. The conviction of John Salvi, who was convicted of murdering two abortion clinic workers in a 1994 shooting rampage at two Boston-area clinics, was voided in 1997 after he apparently committed suicide in his prison cell.

Massachusetts lawmakers tried to close the legal loophole that allowed the conviction to be expunged, but the effort died in the Legislature.

[tiamat]

So this pederast , who has been found guilty, gets his name cleared because he was unlucky enough to be murdered?

There is no justice.

Tia

[verity]

There is no justice.

Au contraire ..............

[tiamat]

erity wrote:

Au contraire ..............

*********************************

Ahem.

That's a FRENCH term! LOL!

HOWEVER, what you say IS true. He DID get croaked as a result of his crimes.

Tia

[Agnes Heep]

Neither Hitler nor Stalin ever went to trial. We know who they were, nonetheless.

[gunnedah]

If the civil end hasnt been settled from his prespective I wonder if this will also void that?
America and her liberalism has infiltrated the religious community and schools and this is where we are most vulnerable and I believe the reason we see so many involved in the abominations that are now flourishing in our country.
Remember the Catholics, I believe, always wanted the child for the first part of its life and the schools the next stage and with these evil people controlling the first and formative years of our young people lives no wonder America is becoming evil and liberal.

[mewzilla]

Does this affect the civil suits against the church?

[verity]

Moreover, the ultimate Judge will exact appropriate retribution.

[Diva]

Does this affect the civil suits against the church?

I don't think it will have any effect on the civil suits. It often happens that when a person or group of people is not convicted in criminal court the civil suits are the only avenue left. Most high profile case I can think of off the top of my head is O.J. Simpson.

[just mimi]

"...attorneys seek to have their convictions voided."

This didn't happen without an attorney seeking to have it happen. I wouldn't be suprised to hear that it cost the taxpayers to have this filed and such. It's disgusting.

[alisasny]

This ex priest was not going to be paying the cash in any civil suit anyway. The Church can not pretend he is now not a rapist.

I dont think it really matters at all. Hes dead. His name is not cleared.

[mewzilla]

But I'm still wondering how it is that Geoghan ended up being transfered to that particular prison. His death is awfully convenient.

[Pugsy]

Are you saying (like it looks) that Catholics are "evil"? If that is the case, I resent that and so do a billion other Catholics. The priest who did this was a MAN. Are you saying all men are "evil"? Get a clue and take some logic classes.

[Senator Goldwater]

I can see them vacating the appeal but not the conviction.

The appellant is dead, and so is his appeal.

But there was a finding of guilt in the lower court in which he defended himself and lost.

It should stand.

[Redcoat LI]

I know a guard who worked in the P.C unit at M.C.I Concord, the medium security facility where he was before he got transferred to the Max security jail where he died.He says there a is lot more to this story. He insinuated the nut job who killed him was in P.C. because he had killed a"connected" guy.He seemed to feel that this was an attempt to even things out,and commented how the Mafia loves the Catholic church.I don't know if it is remotely true,but it is what he said.The civil suits are pretty much settled,his death won't effect that.

[river rat]

This is Massachusetts folks,
A Kennedy or a priest can do anything.....
Both are above man's law.....they are doing "God's" work for the people...

Semper Fi

[gunnedah]

You are just looking for something to argue about. I was speaking of leadership and those we turn our children over to and how they have manipulated the system and why the system has become so liberal.I SPEAK OF THOSE WE HAVE TRUSTED THAT HAVE ABUSED THAT TRUST.
If you want anarguement argue with the ones I am speaking of or prove me wrong.
Also we all should probably look within at ourselves for not being able to see this sooner.