Priest cleared of abuse claims

The Albany Diocese has found no reasonable cause to believe allegations of sexual misconduct against Rev. Daniel Maher, pastor of Holy Cross Church in Albany.

The Diocese's Sexual Misconduct Review Board, a panel primarily made up of lay people, oversaw the investigation and made the finding of "no reasonable cause."

Bishop Howard J. Hubbard accepted the board's recommendation, and Father Maher remains a priest in good standing.

Investigation

Thomas Martin, a former senior investigator with the New York State Police Bureau of Criminal Investigation, looked into two allegations of misconduct at the request and direction of the Review Board.

That occurred after the Diocese was contacted by an individual who complained of inappropriate touching and an inappropriate conversation involving Father Maher in the 1970s.

Mr. Martin interviewed individuals who were reported to have witnessed or had knowledge of the alleged incidents. None except the original complainant recalled them. Father Maher denied the allegations.

Complaint not filed

In May, attorney John Aretakis and a man who said he was sexually abused in the 1970s publicly accused Father Maher of the abuse. However, neither Mr. Aretakis nor the complainant filed a formal complaint with the Diocese, despite its numerous requests for information. The two also did not approach the Independent Mediation Assistance Program (IMAP), which bypasses the Diocese.

With Mr. Aretakis present, Mr. Martin interviewed the complainant, who alleged that he was sexually abused twice at a Saratoga Lake camp owned by a now deceased priest. He said he was among a group of seven to nine boys invited to swim and boat at the camp.

The complainant said he did not tell his parents or anyone else about the incident at the time but did tell a friend in 1979 and later warned his co-workers at the state office where he was employed about Father Maher.

Complaint unsupported

Mr. Aretakis and the complainant declined three requests from Mr. Martin to provide the names of the other individuals whom the complainant said were at the camp at the time of the alleged incidents, and the names of the friend and co-workers whom he said he later told.

Independently, Mr. Martin located and interviewed contemporaries of the complainant who visited the camp in the 1970s. These individuals said they did not recall ever seeing Father Maher there.

Father Maher said that, in fact, he went to the camp only once with a visiting priest from Ireland and other adults; however, no children were present.

None of the individuals whom Mr. Martin interviewed said they were aware of any sexual misconduct involving Father Maher. Mr. Martin also interviewed Father Maher, who denied that he had sexually abused the complainant or anyone else.

Lawyer's behavior

On May 17, in state Supreme Court in Saratoga County, Mr. Aretakis, on behalf of the complainant, filed a summons with notice against the Diocese and others in connection with this allegation. No detailed complaint supporting the allegation has ever been filed.

On two occasions in May -- before he filed the notice and summons -- Mr. Aretakis barged into the rectory of Holy Cross Church and into Holy Cross School, and attempted to interrogate Father Maher on video.

He and his associates placed leaflets and flyers on cars parked at Holy Cross Church, at Holy Cross School and in the neighborhood. They also videotaped parents and students leaving Holy Cross School.

Since June, Mr. Aretakis and others have picketed Sunday Masses at Holy Cross Church and publicly demanded Father Maher's removal. Mr. Aretakis has been involved in confrontations with at least three parishioners at Holy Cross Church, and with neighborhood youths and their parents.

The Diocese has repeatedly advised Mr. Aretakis not to trespass on the church's property; confront parishioners, parents, students or employees; or disrupt church and school activities.

(9/8/05) [[In-content Ad]]