Friday, May 24, 2013
Friday, May 24, 2013

Reading tea leaves

Handicapping the Philadelphia church sex-abuse verdict

6 comments

Reading tea leaves

POSTED: Sunday, February 3, 2013, 5:58 PM

Court reporters inevitably spend a lot of time waiting to see what a jury does.

And when the jury doesn’t, or sends out messages that imply something has gone awry, the handicapping begins. What does it mean? Or, it has to mean this. Or that. The more cynical talk of starting a pool on the eventual verdict.

Consider last week’s verdict in the child sex-abuse trial of the Rev. Charles Engelhardt and former parochial school teacher Bernard Shero.

Engelhardt, 66, and Shero, 49, were charged with sexually assaulting a 10-year-old altar boy in 1998 and 1999 at St. Jerome’s parish and school in Northeast Philadelphia.

The charges against each man were almost identical. Engelhardt, 66, a priest for more than 40 years and an assistant pastor at St. Jerome’s, was accused of involuntary deviate sexual intercourse, child endangerment, corruption of a minor, indecent assault and conspiracy. Shero, 49, a former sixth-grade English teacher at St. Jerome’s parish school, was charged with rape, involuntary deviate sexual intercourse, child endangerment, corruption of a minor and indecent assault.

After nine days of testimony, the Philadelphia Common Pleas Court jury of eight men and four women began deliberations the afternoon of Jan. 25. About 19 hours later, shortly after 1 p.m. on Wednesday, the jury sent word that they had reached a verdict on all counts except one charge against one defendant.

On that single count, the jury said, it was deadlocked.

The consensus among reporters and lawyers was that the jury could not reach a decision on the conspiracy charge against Engelhardt. There was a certain logic at work. Conspiracy was a charge the two defendants did not have in common.

Prosecutors had charged the veteran priest with conspiracy, alleging that Engelhardt and another priest who lived at St. Jerome’s rectory – the Rev. Edward V. Avery – had discussed sexually molesting the boy and, with Shero, has essentially “passed him around.”

Avery, now 70 and defrocked, had been charged with Engelhardt and Avery in February 2011 but pleaded guilty last year and was sentenced to 2-1/2 to 5 years in prison. He returned to testify at the trial of Engelhardt and Shero and stunned many observers by insisting he did not molest “Billy Doe,” did not know the boy, never talked to Engelhardt about molesting him and did not know Shero. He said he pleaded guilty solely to escape a longer prison term.

So it made sense to some observers that the jury was stuck on the conspiracy count. Alas, that logic was lost on the jurors. After giving it a few more minutes of deliberations the jury came back and found Engelhardt guilty of all charges except the involuntary deviate sexual intercourse charge. Shero was found guilty of all five charges.

So what happened? Hard to say. The 12 jurors were kept in the jury room until after the proceedings were over to talk with Judge Ellen Ceisler. They seemed to have left the city’s Criminal Justice Center from other than the public entrance on Filbert Street. Bedeviled by the problem of witness and victim intimidation and the fear defendants or their partisans will try to influence a jury, Philadelphia’s court system makes it difficult to talk with jurors. During jury selection, especially in high-profile cases, jurors are referred to by number, not by name. After the trial, court officials resist releasing jurors’ names. In murder cases, Philadelphia court officials flat-out deny requests for the jurors’ names.

Some lawyers familiar with the case say they believe the jury deadlocked on the IDSI charge – court jargon for the sex count against Engelhardt – because it was the one allegation by the victim that was not mentioned in the notes of Andrew Snyder, the detective for the District Attorney’s office who interviewed Billy Doe. As for the conspiracy charge, jurors could have believed Avery’s recantation was an attempt to do a favor for his fellow priest, who lived across the hall from Avery in the St. Jerome’s rectory.

Assistant District Attorney Mark Cipolletti, who prosecuted the case with Evangelia Manos, said after the verdict that he believed it was impossible to get inside the thinking of the jurors. Unless one or more jurors come forward to discuss the stalemate in the jury room, the question is unlikely to be answered.

After more than 25 years watching trials and juries, I'm sure of one thing: predicting a jury’s verdict is usually the longest of long shots.

JOSEPH SLOBODZIAN @ 5:58 PM  Permalink | 6 comments
6 comments
Comments  (6)
  • 0 like this / 0 don't   •   Posted 7:24 PM, 02/03/2013
    Serve on a jury and then you will know how they come to their decision. This is our system, let's not second guess it. Not an easy or pleasant assignment. I was not on this case, but I have served on 7 juries, I believe it works 98% of the time. TY
    Eileen OB
  • 0 like this / 0 don't   •   Posted 11:32 PM, 02/05/2013
    Go to thebigtrial.net and read Ralph Cipriano's latest post "O, Brother, Where Art Thou?" to understand - in case you were in any doubt - why this case was a clear miscarriage of justice. Daniel P. Gallagher ("Billy Doe") told a bunch of lies which have put men who are innocent of the charges behind bars, and ruined their and their families' lives. It is a disgrace that this occurred in a court room in Philadelphia.
    PhillyComt
  • 0 like this / 0 don't   •   Posted 8:21 PM, 02/06/2013
    This defense team is inept. How in the world would you let this guys brother slip through the cracks?! After reading that interview with the detective.
    Farce
  • 0 like this / 0 don't   •   Posted 4:52 PM, 02/07/2013
    Hey PhillyComt,

    Posting the name of the victim in this case shows clearly that you have no itegrity, and according to your post you're nothing but an uneducation, misguided fool. The victim didn't tell any lies. I was there and I listened to his testimony. No way that kid was lying! There are just some things you can't make up unless you've gone through it and there's no doubt in my mind "Billy Doe" was 100% genuine and honest in his testimony.

    The victim didn't ruin the lives of these horrible men. These child predators ruined the victim's life, and in turn ruined their own lives when they raped a child over-and-over. Let's just hope something so tragic never happens someday to any child you know and love. That's why I continue to fight for changes in our laws, so that children will be better protected from scumbags.
    ClergyAbuseVictim
  • 0 like this / 0 don't   •   Posted 12:17 PM, 02/09/2013
    To say there is no reasonable doubt is ridiculous. I wonder if this man's intent to sell 56 bags of heroin will get dropped by the D.A. What if he sold your kids some heroine and they Overdosed?
    Farce
  • 0 like this / 0 don't   •   Posted 5:44 AM, 02/26/2013
    I agree with clergy! Posting a name is so not necessary! I've follow this for a long time and have compassion for both sides! It's a sad and tragic story! If the priest and teacher are innocent there will be justice! It his affects both sides! I see satan working! He's loving all this!! There seems to be a lot of catholic bashing going on because of a handful of men who have committed sins! Frankly I've had just about enough! The truth is that IF those men did molest that young boy there is a 99% chance that the priest and teacher also were molested when they were young! It's just sad! Very sad!!!
    Jovs8


About this blog
Inquirer reporter Joe Slobodzian covers the courts and writes about the people who find themselves there and what they face.

You can reach Slobodzian at 215-854-2985 or jslobodzian@phillynews.com. Reach Joseph A. at jslobodzian@phillynews.com.

Joseph A. Slobodzian
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