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Article Category: 2007 February

Mexican cardinal's lawyer says U.S. court has no jurisdiction in sex-abuse case

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Article originally prepared on : 28 February 2007

http://www.catholic.org/international/international_story.php?id=23199
 

Mexican cardinal's lawyer says U.S. court has no jurisdiction in sex-abuse case

 
 
MEXICO CITY (CNS) – A California court hearing a case of cover-up ofclergy sexual abuse has no jurisdiction over Mexico City CardinalNorberto Rivera Carrera, said one of his lawyers.
 
 

In statements to the press Feb. 25, BernardoFernandez, a member of Cardinal Rivera's legal team, said the case wasfiled by a former Mexican altar boy against a Mexican priest andcardinal over alleged events in Mexico. Therefore, he argued, the caseshould be tried in Mexico.

Fernandez added that legal representatives of Cardinal Riverahad appeared "voluntarily and spontaneously" in Los Angeles SuperiorCourt Feb. 20 to present his defense. He said his client had notreceived formal notification of the case against him from Los Angelesauthorities.

Father Nicolas Aguilar Rivera, a Mexican priest whose locationis currently unknown, has been accused of sexually abusing dozens ofboys in Mexico and California. Joaquin Aguilar, 26, of no relation tothe priest, claims the fugitive priest raped him in Mexico City in 1994and that Cardinal Rivera and Los Angeles Cardinal Roger M. Mahony havehelped him evade justice.

Last September, Joaquin Aguilar filed a series of charges,including negligence, sexual battery and intentional infliction ofemotional distress against Father Aguilar and Cardinals Rivera andMahony.

The Survivors Network of those Abused by Priests, or SNAP,which is backing Joaquin Aguilar, accused Cardinal Rivera of trying to"lawyer his way out" of the charges.

"This is sad, predictable legal hairsplitting," SNAP said in astatement sent to Catholic News Service in response to Fernandez'sstatement. "Instead of facing the cover-up allegation, (Cardinal)Rivera is using technicalities to run from it. If (Cardinal) Riveradidn't hide or enable Aguilar's crimes, he should welcome the chance toprove this in court."

The Mexico City Archdiocese, in turn, accused SNAP of seeking to extort the Catholic Church.

"Cardinal Norberto Rivera never hid Father Aguilar from justiceand has not covered up his whereabouts from authorities or churchofficials in either Mexico or California," said an editorial column inthe archdiocese's weekly bulletin Feb. 26.

It also said SNAP had conducted a media campaign against Cardinal Rivera "based on lies, contradictions and slander."

Joaquin Aguilar and SNAP have argued that Cardinal Rivera knewabout Father Aguilar's past abuses when the priest was transferred toLos Angeles in 1987. At the time, Cardinal Rivera was bishop ofTehuacan in Puebla, Father Aguilar's native state.

Cardinal Rivera has said that he warned Cardinal Mahony ofFather Aguilar's "homosexual problems," but Cardinal Mahony claims henever received notification of the previous accusations of abuse.

Father Aguilar fled to Mexico after being accused of molesting20 boys while serving in the Los Angeles Archdiocese. Mexicanauthorities never responded to requests that he be arrested and sent toCalifornia to face trial.

 

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