The ecclesiastical Court for the Trial of a Bishop has issued a temporary gag order prohibiting the Rt. Rev. Charles E. Bennison, Jr., Bishop of Pennsylvania, from making public more than 200 letters that Bishop Bennison claims would exonerate him of charges that he failed to report sexual misconduct committed by his brother, John.
 
The misconduct occurred while John Bennison was serving on the staff of a California church where Bishop Bennison was rector in the 1970s. John Bennison previously admitted to sexual misconduct with a 14-year-old girl who was a member of the church youth group. He was deposed from the ordained ministry of The Episcopal Church in 2006.
 
Bishop Bennison maintains that he did not know about his brother’s misconduct until many years later, but in 2008, the court found Bishop Bennison guilty of conduct unbecoming a member of the clergy and recommended that he be deposed. He remains under inhibition pending appeal.
 
In April, John Bennison turned over more than 200 letters the victim wrote to him over the course of several years after the misconduct first began. The letters purportedly reveal that the teenage victim conspired with John Bennison to conceal their sexual relationship from Bishop Bennison.
 
“We have no idea why John Bennison did not reveal these letters earlier,” said James Pabarue, Bishop Bennison’s lawyer. “We’re not sure that John knew he still had the letters. He told us he found them stored away. Keep in mind that Bishop Bennison and his brother have not been in direct communication for many years, so there has been no opportunity for the bishop to be given a reason.
 
“I wish John had turned over the letters sooner. If he had, there probably never would have been a trial.”
 
Mr. Pabarue asked the court either to dismiss the case or grant a new trial. Instead, the court has ordered Bishop Bennison not to release the letters, claiming they would cause further distress to the victim.
 
“The complainant has submitted a sworn declaration from a psychologist who opines that public release of the materials underlying the respondent’s motion could inflict trauma on the victim,” the court said in an opinion dated May 19.
 
Although Bishop Bennison’s lawyers have voluntarily agreed not to release the letters at this time, they have argued that the court filings in support of the motion to dismiss the charges should be made available to the public.
 
“It is astounding that the church attorney, who on June 26, 2008, issued a statement to the press praising The Episcopal Church for using ‘an open and transparent process that allowed the truth to come to light,’ now seeks to suppress the truth and hide the process from the public,” Mr. Pabarue said. “We believe that the court – having reviewed the contents of the letters – should throw out the conviction and restore the bishop to his position. The bishop has already suffered unjust damage to his reputation and career. The church can do the right thing and avoid the further embarrassment that might ensue with the release of the letters.”
 
Steve Waring
 
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