<strong>Roman</strong> <strong>Catholic</strong> <strong>Faithful</strong>, Inc. / AMDG May 2004 <strong>Albany</strong> newsletterposition, Bishop Hubbard was not arrested but wasadvised to leave the area and to have the young personleave his car.“My husband told me this <strong>in</strong> 1977-78 whenit happened and repeated the story many times overthe course of our marriage. My husband passed awayten years ago.”Aretakis said that the more Hubbard retaliatesaga<strong>in</strong>st him for br<strong>in</strong>g<strong>in</strong>g statements such as thoseby Zalay, Bonneau and now Berben forward, themore people contact him to provide more <strong>in</strong>formation.For example, he said, he has heard fromother former male prostitutes who worked <strong>in</strong> Wash<strong>in</strong>gtonPark at the same time as Bonneau to substantiateBonneau’s story, giv<strong>in</strong>g additional and credibleevidence, such as that Bonneau, who was 14 at thetime he allegedly had sex with Hubbard, “lookedabout 10, and was a favorite of men who liked youngboys.”Aretakis also claimed that other police officers,<strong>in</strong>clud<strong>in</strong>g a State Police officer who allegedlycaught Hubbard engag<strong>in</strong>g <strong>in</strong> sex with another prieston the New York State Thruway, have corroboratedthe Berben story.Aretakis’ claims that <strong>Albany</strong> Police CommissionerJohn Nielsen and District Attorney PaulClyne are protect<strong>in</strong>g Hubbard were summarily dismissedby spokesmen for both offices, as well as bythe Diocese of <strong>Albany</strong>’s spokesman Fr. Ken Doyle.Speak<strong>in</strong>g for Commissioner Nielsen, DetectiveJames Miller told Capital News 9 that Aretakis’charges “ are baseless and false,” reported Schneider.“He would not speak on camera, say<strong>in</strong>g hedidn't want to even justify the remarks. He said as ofnow, there are no crim<strong>in</strong>al <strong>in</strong>vestigations <strong>in</strong>to BishopHubbard, and no reason <strong>Albany</strong> police would ever be<strong>in</strong>volved, much less look to protect Hubbard.“District Attorney Paul Clyne,” cont<strong>in</strong>uedSchneider “also wouldn't speak on camera, say<strong>in</strong>gthere was noth<strong>in</strong>g to respond to. He said Aretakis hasn'tnamed any specific <strong>in</strong>stances where Clyne avertedthe law to protect Hubbard, so he said the claims byAretakis are baseless.”Likewise, the Diocese of <strong>Albany</strong> issued astatement attack<strong>in</strong>g Aretakis, say<strong>in</strong>g he “has no credibility...Helost every court case he brought aga<strong>in</strong>st the<strong>Albany</strong> Diocese because he had no facts to back hisfalse claims. He has been threatened with contempt ofcourt. He is the subject currently of multiple ethics<strong>in</strong>vestigations. This is not a man whose public statementsdeserve serious consideration.”Aretakis refuted Doyle’s statement, tell<strong>in</strong>g<strong>The</strong> Wanderer:“My primary role <strong>in</strong> all of these matters is toprotect children and make the community safer. I’vehad a major role <strong>in</strong> the removal of well over a dozenpriests from active m<strong>in</strong>istry <strong>in</strong> the past year and a half– from the Diocese of <strong>Albany</strong> alone. That doesn’t<strong>in</strong>clude priests from Rochester, Syracuse and themetro New York City areas.“I don’t care what k<strong>in</strong>d of scorecard Fr.Doyle is us<strong>in</strong>g. All I know is that he and his bishopare work<strong>in</strong>g very hard at cont<strong>in</strong>u<strong>in</strong>g to keep predatorypriests <strong>in</strong> the active m<strong>in</strong>istry. Fr. Doyle, Bishop Hubbardand Sister [Anne Bryan] Smoll<strong>in</strong> and Hubbard’slawyer have <strong>in</strong>itiated at least six ethics <strong>in</strong>vestigationsaga<strong>in</strong>st me and none have been found to have anymerit. Although all of the ethics <strong>in</strong>vestigations aresubject to confidentiality, I have waived confidentiality<strong>in</strong> order to expose Hubbard and his staff as maliciousand mean-spirited for attack<strong>in</strong>g the messenger.“<strong>The</strong>se charges of ethics violations are ludicrousand frivolous and have cost me tens of thousandsof dollars,” he said.LONG-RUNNING FEUDAretakis also told <strong>The</strong> Wanderer his highprofilemedia assault on Hubbard is <strong>in</strong>tended to exposethe $770-per-hour (plus expenses) <strong>in</strong>vestigationof Hubbard by former federal prosecutor Mary JoWhite as a “colossal waste of money” and a “selfserv<strong>in</strong>g,non-<strong>in</strong>dependent <strong>in</strong>vestigation by a lawyer ofher own client” – an <strong>in</strong>vestigation that is supposed to<strong>in</strong>clude circumstances surround<strong>in</strong>g the death of Fr.M<strong>in</strong>kler.“Mary Jo White’s <strong>in</strong>vestigation,” Aretakistold <strong>The</strong> Wanderer, “<strong>in</strong> and of itself, is a conflict of<strong>in</strong>terest. Number one, be<strong>in</strong>g paid almost $800 perhour by one side to a two-sided dispute gives the appearancethat she is go<strong>in</strong>g to favor or benefit her clientwho is pay<strong>in</strong>g her. As importantly, a lawyer has afiduciary, contractual and legal duty to represent theirclient. Mary Jo White is not allowed to waive thoseduties a lawyer has to a client. Third, Mary Jo Whitewants me to compromise my representation of myclients; she wants me to come forward, open my files,and let her talk to my clients and my witnesses <strong>in</strong> an10
<strong>Roman</strong> <strong>Catholic</strong> <strong>Faithful</strong>, Inc. / AMDG May 2004 <strong>Albany</strong> newslettereffort to help her clear her client. Ethically, I am notpermitted to do that; nor would I do that to help the<strong>Albany</strong> Diocese or Bishop Hubbard.”<strong>The</strong>re is another aspect of Mary Jo White’s<strong>in</strong>vestigation that is troubl<strong>in</strong>g to Aretakis. “When thebishops <strong>in</strong> Dallas <strong>in</strong> 2002 agreed to be ‘transparent,’they promised a new era of openness. Mary JoWhite’s <strong>in</strong>vestigation is shrouded <strong>in</strong> the same secrecythat Bishop Hubbard has widely and publicly renounced.”And on the matter of his alleged ethics violations,Aretakis recalled that Hubbard and his attorney,Michael Costello, as well as Sister Anne Smoll<strong>in</strong>,CSJ, who works as a counselor for the diocese, haveall been rebuked for their own ethical violations.For example, as the Troy Record’s James V.Franco reported on December 31, 2002:“A nun counsel<strong>in</strong>g a man who was sexuallymolested, abused and fondled by numerous <strong>Albany</strong><strong>Roman</strong> <strong>Catholic</strong> Diocese priests has been named <strong>in</strong> alawsuit for allegations that she manipulated the sessionsto protect and benefit the diocese.“Accord<strong>in</strong>g to the suit...Sister Anne BryanSmoll<strong>in</strong>, a counselor at the Diocesan Counsel<strong>in</strong>g forLaity <strong>in</strong> <strong>Albany</strong> with a doctorate <strong>in</strong> psychology, hadthe man sign a waiver allow<strong>in</strong>g her to share all <strong>in</strong>formationexchanged <strong>in</strong> the sessions, which lasted fromMarch to November, with Bishop Howard Hubbard.“<strong>The</strong> suit further alleges that Smoll<strong>in</strong> urgedthe man, who is known only as John Doe No. 2, toleave his wife ‘because rema<strong>in</strong><strong>in</strong>g together was detrimentalto the diocese’....“Specifically, the suit accuses Smoll<strong>in</strong> ofbe<strong>in</strong>g professionally negligent. As an example, Aretakissaid she did not take any notes or keep any progressreports on the patient's condition dur<strong>in</strong>g 100 orso therapy sessions.“Furthermore, the suit alleges that Smoll<strong>in</strong>,at the direction of Hubbard, ‘used the confidential<strong>in</strong>formation provided by the defendant dur<strong>in</strong>g therapy... and counsel<strong>in</strong>g for their own ulterior motives andself <strong>in</strong>terests’....”Another, of many, reports on ethical lapsesof Hubbard and his crew was reported by former <strong>Albany</strong>Times Union reporter Andrew Tilghman onJanuary 31, 2003, when he revealed that <strong>Albany</strong><strong>Catholic</strong> Charities paid a victim of clerical abuse$150,000 <strong>in</strong> the form of an untraceable bank checkseveral months earlier.“<strong>The</strong> $150,000 payment was not <strong>in</strong>tended ashush money and meant only as a way to assist aChurch member <strong>in</strong> need, said the Rev. KennethDoyle, a diocesan chancellor,” reported Tilghman.“But some not-for-profit managers said thepayment appeared to be <strong>in</strong>appropriate, and lawyersfamiliar with not-for-profit law said it could be legallyquestionable and outside the bounds of taxexemptcharitable activity.“‘It doesn't pass the smell test,’ said DougSauer, director of the statewide Council of CommunityServices, an umbrella group of more than 1,000not-for-profit groups. ‘You'd have a hard time say<strong>in</strong>gthat benefits the anti-poverty mission of the organization’....“[Sister Maureen] Joyce has said the$150,000 check was the largest s<strong>in</strong>gle payment shewas aware of that <strong>Catholic</strong> Charities made to a victimof sexual abuse. A diocesan spokesman later saidJoyce could not speak publicly about her agency'srole <strong>in</strong> assist<strong>in</strong>g sexual abuse victims because shemay be called as a witness <strong>in</strong> litigation pend<strong>in</strong>g <strong>in</strong>state Supreme Court <strong>in</strong> <strong>Albany</strong>.“<strong>The</strong> lawsuit the diocese po<strong>in</strong>ted to focuseson a church therapist, Sister Anne Bryan Smoll<strong>in</strong>,accus<strong>in</strong>g her of professional malpractice for allegedlypressur<strong>in</strong>g the victim who received the $150,000 paymentnot to hire an attorney. It is not clear what partJoyce might play <strong>in</strong> that lawsuit, which was filed <strong>in</strong>December....” the $150,000 payment last year camejust months after Hubbard and Church officials nationwidevowed not to enter <strong>in</strong>to any more confidentialsettlement agreements with victims....”In another case, Aretakis successfully persuadeda judge who issued a gag order on parties <strong>in</strong>volved<strong>in</strong> litigation with the diocese to step down afterhe claimed the diocese was engaged <strong>in</strong> secret communicationswith the judge.As the <strong>Albany</strong> Times Union’s Tilghman reportedMarch 14, 2003:“State Supreme Court Justice Joseph Teresihas removed himself from three lawsuits <strong>in</strong>volv<strong>in</strong>gthe <strong>Albany</strong> Diocese, stepp<strong>in</strong>g aside amid questionsabout his impartiality and his alleged secret communicationswith Church officials.“Teresi's recusal came two days after attorneyJohn Aretakis, whose clients were sexually abused by11
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