Bennison conviction overturned: The Church of England Newspaper, Aug 20, 2010 p 6.

The Rt. Rev. Charles E. Bennison, Jr.

First published in The Church of England Newspaper.

An ecclesiastical court of appeal has overturned the conviction of the Bishop of Pennsylvania on charges of conduct unbecoming a member of the clergy.

In a decision dated July 28, but released last week, the Episcopal Church’s Court of Review for the Trial of a Bishop found that the conduct in question had occurred more than 35 years ago, and the church was accordingly barred from prosecuting Bishop Bennison under the ten-year statute of limitations rule.

The appellate court’s 38-page unanimous decision by the court’s eight bishops restores Bishop Bennison to office as Bishop of Pennsylvania after a two and a half year suspension.  It also comes as a sharp blow to Presiding Bishop Katharine Jefferts Schori and her chancellor, Mr. David Booth Beers, who had vigorously prosecuted the case.

In 2008 a nine judge panel has ordered Bishop Bennison be removed from the ordained ministry for conspiring to cover up the sexual abuse of a minor.  He displayed a “fundamental lack of professional awareness” of the consequences of his actions, which represented “very significant failure to fulfill his responsibilities” as a priest, the Court for the Trial of a Bishop said on Sept 30, 2008.

On June 26, 2008 the trial court convicted Bishop Bennison on two counts of conduct unbecoming a member of the clergy.  The bishop was found guilty of having failed to respond appropriately in 1973 after having learned his brother, whom he had engaged to be his youth minister, had “engaged in a sexually abusive and sexually exploitive relationship” with a 14-year-old girl.  Bishop Bennison was also found guilty of having conspired to cover up the abuse.

As a result of the guilty verdict, the “court finds that [Bishop Bennison] should no longer serve as a member of the clergy of the church.”

However, the Court of Appeals found that the bishop had not engaged in acts of sexual abuse.  While there was no question that his brother would have been liable for trial on that charge, Bishop Bennison’s failure 35 years ago to investigate his brother’s conduct “are not actions that constitute sexual abuse of a victim.”

“To the extent the Trial Court relied upon those findings to apply the sexual abuse exception [that waives the statutue of limitations0 and allow a guilty verdict against Appellant, the Trial Court was clearly erroneous,” the Court of Appeals held.

While the Trial Court held that Bishop Bennison was “guilty of conduct unbecoming a member of the clergy, those actions do not constitute sexual abuse and, therefore, a Presentment for that offense cannot be made because it is barred by the applicable statute of limitations,” it held.

Throughout the trial and appeals process, attorneys for Bishop Bennison had argued that their client was being tried for his brother’s bad actions.  They also argued that the sexual abuse charge was a ploy by the national church and the diocesan standing committee to rid themselves of Bishop Bennison over his mismanagement of diocesan funds.

Bishop Jefferts Schori had offered a plea deal on several occasions to Bishop Bennison, offering to drop the charges in exchange for his departure.  However, Bishop Bennison refused to concede his guilt and fought the allegations of cover up and abuse.

The court’s finding shocked many members of the Diocese of Pennsylvania, who gathered at the cathedral in Philadelphia on Aug 8 and called for the bishop to step down.  At 66, Bishop Bennison cannot be compelled to retire until he turns 72 years of age.  He told a press conference after the decision was announced that he planned to return to work on Aug 16, and would continue in office “if it seems appropriate and in the best interest of the church.”