The attorney general is scrambling to find some way to prosecute the archdiocese after saying a few days ago that the state doesn’t have laws to prosecute for placing the safety and welfare of child in danger. He may have found one, although to my non-lawlerly eye it looks like a longshot.
The church could perhaps be prosecuted as an accessory to a crime or for being the supervisor of an agent who committed a crime. But in both cases, prosecutors need to show intent to make the case, Schwartz said. In other words, they would need evidence that the archdiocese intended for further abuse to take place when officials transferred a priest known to have molested children in the past to a new assignment.
But there is still another option, “vicarious liability,” in which proof of intent is not essential, Schwartz said. Instead, he said, an organization can be indicted for the crimes of its agents if it is found to have failed to act reasonably to prevent the crimes.
But the only possible conviction results in a fine against the corporations “owners.” I hope God has His checkbook ready.
It also appears that Reilly is acting under pressure from victims who want criminal prosecution. They want a scalp and since many of the actual perverts can’t be had, they’ll take Law’s.
Reilly has a history of grandstanding for public exposure. He’s made some outrageous public statements and promises that had no legal hope of being followed through, apparently just to put his face on the front page of the papers. He’s got political ambitions, you see.
