Area man tells of abuse
Has been dogged in pursuit of priest
Part Two of a two-part series
By Elizabeth Hardin-Burrola
Staff Writer
James Burns
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WINSLOW, Ariz. One of the plaintiffs in a civil
lawsuit against the Archdiocese of Los Angeles and the Diocese of
Gallup has remained intensely private since coming forward with
his allegations against former Diocese of Gallup priest James Burns.
He has declined requests for personal interviews and has only communicated
with The Independent through e-mails. As a victim of sexual abuse,
he has requested that his identity be protected.
However, he has been very dogged in his pursuit of Burns through
the legal system. In addition to filing the civil lawsuit in California
in 2003, he filed a criminal complaint against Burns with the Winslow
Police Department. As a result, Navajo Country prosecutors filed
charges against Burns in May 2004, which led to a plea agreement
and a short Arizona prison stint. When Burns failed to show up on
the Arizona Department of Public Safety's sex offender Web site,
the victim requested The Independent look into the situation.
After the settlement with the Los Angeles Archdiocese was announced
earlier this week, The Independent contacted the plaintiff for comment.
In a July 17 e-mail, the plaintiff declined to disclose the settlement
amount he would receive from the Archdiocese of Los Angeles. However,
he called it "substantial" and said he would use it to
set up a trust fund for his children. He expressed satisfaction
that the Los Angeles Archdiocese chose to settle and said he believes
the financial impact on the church would have been much worse if
it had chosen to go to trial.
However, he is not satisfied with the criminal penalties that Burns
received in Arizona.
"I'm really bothered by what was imposed," he wrote, "he
was given two terms of 18 months (due to a plea bargain) to be served
concurrently and hence released early (under a year) for good behavior
and does not have to file as a registered sex offender because the
system doesn't feel that he is a threat."
According to Arizona Department of Corrections officials, because
Burns pleaded guilty to crimes that were committed in the 1980s,
his incarceration was regulated by "old code" laws from
the 1980s that allowed inmates to earn one day of "credit"
for every two "good days" served in prison. Burns does
have to register as a sex offender under Arizona law, but because
he is classified as a Level 1 offender, he is exempt from inclusion
on the Arizona Department of Public Safety's sex offender Web site.
The plaintiff also stated the Arizona criminal penalties did not
provide justice for his mother, who he said was devastated to learn
of the abuse.
"She feels totally to blame here," he stated. "Burns
was our priest when my father passed away and she felt that Burns
would be a good role model ... for me while I was growing up."
Now in his 30s, with three failed marriages behind him, the plaintiff
said he sometimes wonders about the toll the abuse may have caused
in his personal life.
He also expressed disappointment that other victims of Burns didn't
file criminal complaints or civil lawsuits. At the very least, such
actions might have raised Burns' classification level under the
Arizona sex offenders registry system. The plaintiff, who said he
doesn't believe Burns feels any remorse, said he understands "it's
a very hard thing to do to come forward and tell the authorities"
about sexual abuse. "That is why I kept it a secret for over
20 years," he said, adding that he came to the realization
that Burns "was going to get away with it" if he didn't
come forward.
He also expressed cynicism about the motives of church officials.
Although he noted that Bishop Donald Pelotte came to Winslow to
hold Mass for the victims of clergy abuse, he wondered "how
many of his lawyers told him to do that or if he really did it on
his own sincerity."
"I'm really embarrassed for the Catholic Church," he concluded,
"as you may have read that the pope has recently come out with
the 10 commandments for driving. Driving? ... He is focusing on
our driving habits when all of this clergy abuse is going on, makes
me really wonder where their priorities are."
The plaintiff said he hasn't been in a Catholic Church for over
10 years and probably won't go in the future. "How can I go?"
he asked, adding that he would find himself wondering if the priest
is a pedophile.
Reporter Elizabeth Hardin-Burrola can be contacted at (505) 863-6811
ext. 218 or ehardinburrola@yahoo.com.
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Monday
July 23, 2007
Selected
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ice & water; Monsoonal rain doesn't dampen bikers' spirits
Area
man tells of abuse; Has been dogged in pursuit of priest
Deaths
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