Second appeal seeks to gain info for inquiry

Mary Jo White, the former U.S. attorney who is conducting an independent investigation into allegations of sexual misconduct against Bishop Howard J. Hubbard, has made a second public appeal to attorney John Aretakis to answer questions and produce original documents relevant to her investigation.

But Mr. Aretakis still shows no signs of cooperating.

On May 17, Ms. White said for the first time publicly that Mr. Aretakis, who has held multiple news conferences to generate media coverage for his claims against the Bishop, had refused to provide information to her investigators or to allow his clients to be interviewed.

Demands

Mr. Aretakis replied to Ms. White through the media that certain conditions had to be met before he or his clients would cooperate. First, he demanded to see the contract between Ms. White and the Diocesan Review Board, which hired her to investigate the allegations. Second, he demanded that interviews with his clients be conducted in public with the press present.

On May 19, Ms. White, who said she had agreed to previous conditions set by Mr. Aretakis, immediately acceded to those two conditions as a way of "remov[ing] any remaining barriers to obtaining...cooperation in our investigation."

Mr. Aretakis replied that he still might not be cooperative for various reasons.

Background

In February, Mr. Aretakis arranged news conferences at which he and his clients publicly accused the Bishop of sexual misconduct in the 1970s.

The Bishop vehemently denied the claims and said he had never engaged in sexual activity with anyone of any gender or any age at any time. The Bishop also said he would not investigate himself and called for an independent investigation of the allegations.

The Diocese first requested that the Albany County district attorney look into the allegations, but the DA declined since the claims were beyond the statute of limitations. The Diocesan Review Board, the panel charged with investigating claims of sexual misconduct against priests of the Albany Diocese, retained Ms. White to conduct an independent investigation. She is a former U.S. attorney for the Southern District of New York and is now in private practice.

Meeting his demands

In her May 19 letter responding to Mr. Aretakis' conditions, Ms. White told him that "it is somewhat difficult to tell from the press accounts what your current conditions for cooperation are."

But, she noted, "it appears that you require an advance copy" of the agreement letter between Ms. White and the Diocesan Review Board. Observing that Mr. Aretakis has had "an opportunity to review the engagement letter since March 26" but had "declined that offer," Ms. White enclosed a copy of the contract with her letter to him.

She also agreed to his unusual demand that his clients be interviewed in public. Ms. White noted: "We think such a procedure is not the most professional or optimal way of proceeding, given the highly sensitive and personal nature of the allegations being investigated, as well as the likelihood that people not present will be discussed. However, if this is the only way that we can meet with your clients,...we will reluctantly agree to this condition."

Still balking

Ms. White concluded her letter by noting that "we have made every effort to make it possible for your clients who have raised these allegations to cooperate in the investigation."

However, in response to Ms. White's letter, Mr. Aretakis told the media last week that he still would not cooperate.

He gave various reasons for his refusal: He was on a grand jury panel in New York City (which is where his and Ms. White's offices are), he first wanted to meet with Ms. White in a public forum with the media and public asking both of them questions, and he had concerns about her ability to be independent since she is being paid by the Diocesan Review Board.

On the latter point, the letter of agreement -- signed by both Ms. White and the Diocesan Review Board -- makes it clear that she will "conduct this investigation with complete independence, will receive unfettered access to all requested documents materials and persons within the custody and/or control of the Roman Catholic Diocese of Albany, and that the Diocese's employees and agents, including any professional advisors, will supply all such information and documents as we may request."

(For more information, go to www.evangelist.org and click on "coverage of allegations.")

(5/27/04)