Saturday, May 10, 2008

Priest accused of sex abuse won't stand trial

A retired Catholic priest accused of sexually assaulting two altar boys in the 1980s has been deemed mentally incompetent to stand trial for a second time.

Judge David Ricciardone found the Rev. John J. Szantyr incompetent in a 12-page ruling issued yesterday in Central District Court, where the 76-year-old retired priest, who suffers from Parkinson’s disease, is charged with indecently assaulting two altar boys more than 20 years ago.

The sexual assaults allegedly occurred when Rev. Szantyr, now living in Waterbury, Conn., was assigned to Our Lady of Czestochowa Parish on Ward Street. The charges, to which Rev. Szantyr has pleaded not guilty, were lodged in 2003. Judge Ricciardone’s incompetency finding followed a two-day hearing that concluded April 11.

In 2006, Judge Dennis J. Brennan, since retired, also found Rev. Szantyr mentally incompetent to stand trial.

The second competency hearing came after a psychiatrist hired by the prosecution evaluated Rev. Szantyr and found him competent to stand trial.

Assistant District Attorney Joseph J. Reilly III has said he requested the evaluation by psychiatrist Malcolm P. Rogers based on information brought to the prosecutor’s attention by people who said they had dealings with Rev. Szantyr as recently as 2006 as part of a prayer group called Seeds of Hope.

Dr. Rogers testified during the two-day hearing before Judge Ricciardone that although Rev. Szantyr had suffered some cognitive impairment as a result of his Parkinson’s disease, he had a rational understanding of the legal process and the ability to assist his lawyer, Edward P. Ryan Jr., in his defense.

In ruling that Rev. Szantyr is not competent to stand trial, Judge Ricciardone said he did not find Dr. Rogers’ opinion “persuasive.

“Clearly, the Commonwealth’s expert’s opinion is at odds with the two neurologists and the general surgeon whose examinations, treatment, diagnosis, and opinions formed the basis for the previous judge’s decision in 2006 that the defendant is incompetent (a determination with which the Commonwealth then agreed),” Judge Ricciardone wrote.
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