Sunday, April 17, 2005

Conte isn’t interested in help

Victims’ rights group troubled by kiss-off

Dianne Williamson, T&G STAFF

Kiss-offs come in many forms but they’re still kiss-offs, even if they’re unstintingly polite and bear the seal of the Worcester district attorney.

A well-meaning nonprofit group recently received a royal kiss-off as it tried to open channels of communication between victims of abuse and law enforcement authorities. And if we require another reminder that District Attorney John J. Conte has been dragged kicking and screaming into the 21st century, we need look no further than his cool reception to VictimPower.

VictimPow-er.org is a novel approach to aiding victims of sexual abuse. Aware that victims are often hesitant or fearful to come forward, at least initially, the Web site offers them a safe place to make an anonymous report, while at the same time providing police or district attorneys with information that could aid them in investigations. Unlike anonymous phone tips, it also enables victims to communicate back and forth with law enforcement while remaining anonymous as long as they wish — or until they become comfortable enough to identify themselves.

The Web site went online in January and organizers held a conference last week at the National Press Club in Washington, D.C., to announce results for the first quarter. They were positive overall, with a 73 percent response rate from law enforcement agencies to 95 complaints transmitted through VictimPower. Singled out for exceptional cooperation were agencies from several states, including New Hampshire, where the attorney general’s office responded to nine communications within 24 hours.

“Anonymous complaints can solve crimes,” said N. William Delker, senior assistant attorney general for New Hampshire, who said he once prosecuted a priest for a “slew” of sex crimes based on an initial anonymous tip. “And VictimPower isn’t anonymous in the traditional sense. It enables us to have a dialogue with the victim and it gives the victim the confidence to come forward, which is the goal.”

In January, VictimPower sent a complaint of sexual abuse at an area church to District Attorney John J. Conte. Mr. Conte has since claimed that he never told VictimPower that he wouldn’t accept anonymous reports. But perhaps we should let the letter from his office to VictimPower speak for itself:

“While this office appreciates your trying to assist us in prosecuting such cases, you should be aware that anonymous reports are of little if any help,” wrote Assistant District Attorney Christopher P. Hodgens on Feb. 7. “Courts do not allow us to prosecute cases with anonymous victims … Your support of victims is admirable. The District Attorney’s Office urges you to encourage all victims to speak directly with law enforcement agencies.”

In others words: Get lost. Thanks, but no thanks. When it comes to new and novel approaches to fight crime that threaten his sacred turf, our district attorney takes a pass.

After VictimPower singled Mr. Conte out last week as being particularly uncooperative with its efforts, the secretive septuagenarian told a reporter that the complaint from VictimPower involved a 1954 case and a priest who has since died. But, if that’s so, why not share that information with VictimPower to put the alleged victim at ease? Why the brush-off and the clear indication that VictimPower’s help isn’t needed in Worcester County?

Stephen H. Galebach of Andover, who helped develop the Web site, is a former legal policy adviser and senior special assistant to the U.S. Attorney General in the Reagan White House. Last week, he said VictimPower sent Mr. Conte’s office a request that he reconsider his stance. The office never responded, Mr. Galebach said.

“I’d say the district attorney’s office is behind the times,” he said. “There’s a clear, modern movement in law enforcement toward accepting anonymous complaints. But we expect it will take some time for some agencies to catch on.”

Wendy J. Murphy, a law professor and victims’ rights advocate, was harsher in her assessment.

“It’s almost embarrassing for someone in law enforcement to say they find no value in anonymous sources,” she said. “The worst criminals are often the best at intimidation and coercion, which is why reports have to be anonymous. The district attorney should know that. Law enforcement accepts anonymous tips all the time in homicides and violent crimes, but I guess sexual violence and crimes against women and children aren’t important enough to him.”

Our district attorney is very big on statistics, especially misleading ones about conviction rates that make him look good but neglect to highlight the many cases he plea bargains, rejects outright or fails to solve. So it’s welcome news that VictimPower is keeping track of law enforcement’s response rates to its complaints, and plans to make a report that should lead to open, public discussion about accountability.

“Our obligation in law enforcement is to be responsible and responsive to the public,” said Mr. Delker. “It’s puzzling to me that someone would refuse this type of help. Frankly, I just don’t see the justification.”

Dianne Williamson can be reached via e-mail at dwilliamson@telegram.com.
 

Friday, April 15, 2005

Conte called unwilling to take abuse reports

Web site allows victims to talk anonymously

The co-founder of VictimPower.org, a Web site created to ease the process for victims of sexual abuse to report the crimes, yesterday accused Worcester District Attorney John J. Conte of not cooperating with the effort.

Stephen H. Galebach, an Andover lawyer who spoke yesterday at the National Press Club in Washington, said the Web site allows victims to have a dialog with police and prosecutors to report incidents of abuse. Victims can report abuse anonymously, but criminal charges cannot be filed until the victim divulges his or her identity.

Mr. Conte said the allegation his office isn’t cooperating is absurd. He said his office received one communication from VictimPower.org in January, the month the Web site went into operation, and that it concerned a 1954 case and involved a priest who is dead.

There was no way to proceed with such a case, the district attorney said, adding that the person who made the anonymous report is free to contact his office to talk further. He added that he has never told VictimPower representatives that he would not accept anonymous reports.

Mr. Galebach, a former legal adviser in the Reagan White House and former special assistant to U.S. Attorney Edwin Meese, said in an interview that his criticism was based on information he has received that the Worcester district attorney’s office flatly refuses to take reports on abuse cases from victims who do identify themselves.

The Worcester Police Department, Mr. Galebach added, has cooperated with the VictimPower effort.

“The problem is that police departments and the Department of Social Services can cooperate and collect information, but it’s no good when he gets to the prosecutorial level and they will not cooperate,” he said.

Mr. Galebach and Mr. Conte both provided copies of a Feb. 7 letter written to VictimPower by Assistant Worcester District Attorney Christopher P. Hodgens, which states that “anonymous reports are of little if any help.” He pointed out that courts do not allow cases involving anonymous victims to be prosecuted.

Mr. Galebach said VictimPower sees this as a refusal by Mr. Conte’s office to accept such communications. He stressed that the goal of establishing the Web site is to help victims feel more comfortable with and trust investigators and prosecutors.

Mr. Hodgens said “numerous victims” have spoken with law enforcement officers in Central Massachusetts and that state police attached to Mr. Conte’s office have interviewed more than 100 victims without revealing their identity to the public. “While not all cases can be prosecuted due to the statute of limitations, the courage of these victims in coming to us has enabled this office to bring a number of offenders to justice,” Mr. Hodgens said.

N. William Delker, senior assistant attorney general for New Hampshire, said at the National Press Club session that anonymous tips “can help solve crime by putting the police on alert of illegal activity. What’s more, VictimPower.org enables victims of sexual abuse to realize that they are not alone.

“Hopefully by developing a confidential dialogue with law enforcement, victims can ultimately gain sufficient confidence in the system to come forward publicly and pursue cases against their perpetrators,” he said.

Peter Pollard, a Springfield-area resident who is an alleged sexual abuse victim and is active with the Survivors Network of those Abused by Priests, commended law enforcement for the widespread cooperation. “Sexual predators shame their victims into silence. The single most important strategy for stopping sexual abuse is to provide a safe way for victims to speak out,” he said.

Mr. Galebach and his wife, Diane, who are Catholic and are active in their parish, said the site grew out of the clergy abuse scandal in the Catholic Church; but Mr. Galebach said he wanted the site to be used for victims to report sexual abuse by anyone.

In the first three months of operation, Mrs. Galebach said the Web site received 95 communications from anonymous sources, including 43 new cases and 52 follow-ups. Forty-one of the 43 new cases involved allegations of sexual abuse, 37 of them involving minors. Twenty-three of the communications involved allegations of sexual abuse by Catholic priests or nuns. Most incidents were more than 10 years old, but six alleged incidents were ongoing or happened in the last five years, the staff said.

VictimPower had high praise for law enforcement agencies in Texas and New Hampshire for their cooperation.

“Under the leadership of Attorney General Kelly Ayotte, New Hampshire has pioneered the best practices for serving the needs of abuse survivors,” Mrs. Galebach said.