Vatican Accepts Resignation of Phoenix Bishop


By Catholic News Service
(From the issue of 6/26/03)

VATICAN CITY (CNS) -- The Vatican accepted the resignation of Bishop Thomas J. O'Brien of Phoenix a day after he was charged with leaving the scene of a traffic accident in which a 43-year-old man was killed.

Archbishop Michael J. Sheehan of Santa Fe, N.M., has been named apostolic administrator, according to a Vatican official.

Pope John Paul II accepted Bishop O'Brien's resignation under a clause of church law that cites ill health or "some other grave cause" that makes him "unsuited for the fulfillment of his office," the Vatican said in a one-line statement released June 18.

A Vatican source said the Vatican accepted Bishop O'Brien's resignation quickly because his involvement in the fatal hit-and-run accident seriously compromised the image he portrayed of Christian leadership.

The source said the problem was compounded by Vatican uneasiness over an agreement between Bishop O'Brien and local civil authorities in May. Under the terms of the agreement, to avoid criminal prosecution regarding oversight of sexual abuse by local priests, the bishop gave up some of his diocesan administrative duties.

Bishop O'Brien, 67, was arrested June 16 on a felony charge of leaving the scene of a hit-and-run accident in which Jim L. Reed was killed. A day later the bishop was formally charged with the felony by Maricopa County Attorney Richard Romley.

Within hours of the Vatican's announcement about the resignation, Archbishop Sheehan was on his way to Phoenix, said his spokeswoman, Celine B. Radigan.

As the archbishop of Santa Fe, he is head of the church province that includes his archdiocese as well as the Phoenix and Tucson, Ariz., dioceses and the Gallup and Las Cruces, N.M., dioceses. He will oversee the Phoenix Diocese until a new bishop is named there.

In a statement, Archbishop Sheehan said his heart goes out to the people of the Phoenix Diocese.

"You have suffered greatly these last few months," it said. "I hope to bring healing. God's grace will help us through this challenging time."

He said he grieves with Bishop O'Brien and the church of Phoenix in "these distressing times" and that his heart goes out to all victims and their families.

"I promise to do everything I can to bring healing and peace," Archbishop Sheehan said.

Bishop O'Brien became the third bishop of Phoenix when he was ordained and installed in January 1982. A native of Indianapolis, he graduated from St. Meinrad Seminary in St. Meinrad, Ind., and was ordained for the Diocese of Tucson on May 7, 1961.

He served in parishes throughout the Tucson Diocese, which at that time included the Phoenix area. When the Diocese of Phoenix was created in 1969, he was named chancellor and secretary to its first bishop, Edward A. McCarthy, now the retired archbishop of Miami.

He served as vicar general and was pastor of St. Catherine's Parish in Phoenix when the diocese's second bishop, James Rausch, died unexpectedly. Then-Msgr. O'Brien was appointed administrator of the diocese at that time and in November 1981 was named bishop.

Bishop O'Brien currently serves on the U.S. bishops' vocations and pastoral practices committees.

His resignation followed by just two days his arrest June 16 after police connected his car to the hit-and-run accident that killed Reed, of Phoenix, as he jaywalked after dark across a busy street June 14.

On June 17, Romley, the prosecutor who has been publicly sparring with the bishop over diocesan handling of sex abuse cases, filed a formal felony charge in the incident.

The arrest came two weeks after Bishop O'Brien and Romley announced an agreement by which the bishop would avoid criminal prosecution for obstruction of justice over the way he handled cases of sexual abuse by priests. The agreement requires the bishop to delegate a "moderator of the curia" to take over certain administrative duties, including revising and enforcing policies on sex abuse.

In a pastoral letter to the Phoenix community at the time the agreement was announced, Bishop O'Brien said the possibility of his resigning had been explored "with church authorities" and it was determined that that "was not an option."

In the hit-and-run case, Phoenix police said Reed was struck by two vehicles as he crossed between intersections on Glendale Avenue in Phoenix. Neither car stopped. Reed was pronounced dead at a nearby hospital.

A witness got a partial license plate number and other information about the first vehicle, which led police to learn that the tan Buick Park Avenue was owned by the Diocese of Phoenix. Police were seeking information about the second car.

The police statement said that in an interview with Bishop O'Brien at his home June 16 he acknowledged driving the car on the night of the accident as he returned home from a Mass and confirmation at a parish in Buckeye, southwest of Phoenix.

Bishop O'Brien's car had damage to the front end, and the windshield was shattered on the passenger side. It was seized by the police.

Court records cited by Arizona media say Bishop O'Brien told police he thought he had hit a dog or a cat or that someone threw a rock at his car. The same records reportedly said Bishop O'Brien was told by a priest on the night of the 15th that police wanted to talk to him, but that he did not contact authorities. They also said he drove the car to Sunday Mass and made an inquiry the next day about having the windshield fixed.

After several hours of questioning at his home, police placed the bishop under arrest and brought him to Maricopa County's Madison Street Jail for booking.

While at the jail's intake area, Bishop O'Brien became ill, reportedly with high blood pressure, and was taken to St. Joseph's Hospital, where he was treated and returned to the jail.

At the initial court appearance, Bishop O'Brien was ordered to surrender his passport and told not to leave the state before his June 25 arraignment. His request for permission to attend the St. Louis meeting later in the week of the U.S. Conference of Catholic Bishops was denied. He was released on a $45,000 bond.

Romley announced the next morning that he had filed a formal felony charge as a direct complaint rather than seeking an indictment by a grand jury. He said that by choosing a direct complaint, the question of whether the state has probable cause to pursue a conviction would be aired at a public hearing rather than in a closed grand jury proceeding.

Romley also said the accident-related charge would not affect the agreement between his office and Bishop O'Brien over the handling of sex abuse cases.

"That agreement was not related," he said. "This is totally separate and distinct."

The charge of leaving the scene of an accident carries a possible sentence ranging from probation up to 3.75 years in prison. Conviction for leaving the scene of an accident in Arizona is an automatic felony, under legislation enacted in 1995 after several high-profile hit-and-run accidents in the state. Conviction for leaving the scene of a fatal accident caused by the driver carries a sentence ranging from probation to 8.75 years in prison.

A driver in such an accident who tested positive for use of drugs or alcohol would receive a mandatory prison sentence.

Police said Bishop O'Brien was not charged with causing the crash because Reed was jaywalking.

According to The Associated Press, Police Sgt. Randy Force said, "If the bishop had remained at the scene, in all likelihood he would not have been charged with a crime."

As of midday June 17, the only statement issued by the Diocese of Phoenix had come from Msgr. Richard W. Moyer, vicar general of the diocese, a day earlier.

"I sincerely regret reports I have received about Bishop Thomas J. O'Brien being involved in a fatal accident," it said. "The sympathy of all of us in the Diocese of Phoenix as well as our prayerful support goes out to the victim's family. The diocese will cooperate fully in any police investigation. No further statement will be made while the investigation proceeds."

A diocesan spokesman said June 17 that there would not be further statements because an investigation was ongoing.

Copyright ©2003 Catholic News Service.  All rights reserved.


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