Trial Preparations and Full Explanations
As Tom Monaghan and his
Ave Maria generals (including Collier Co. CEO Paul
Marinielli) prepare to be deposed, a few things
are worth remembering:
In a July 20 2007 interview on Fox 2 News (Detroit),
AMSL Dean Bernard Dobranski said that Tom Monaghan
was informed of what transpired when the Law School
offered computer help to a local priest investigated
for child pornography (see BoysCherries series;
hear audio). According to Fox,
Monaghan's Law School chose not to share the
findings of its internal "investigation" with
police "claiming privacy and no fresh
information".
That said, Mr. Monaghan should be considered by
everyone to be a fully informed participant in
the BoysCherries incident. We give him no wiggle room
for claiming lack of understanding of all that
transpired. We trust that he was fully aware
of the fact that at least one of his Ave Maria
College employees was, according to police reports,
in direct contact with the priest's pornographic hard
drive. In the upcoming trial's fact finding, if
anything comes out showing inconsistency,
falsehood, half-truths, or more extensive involvement
of previously named or unnamed individuals, we will
hold Mr. Monaghan responsible for (a) not offering a
complete explanation of the events and (b) denying
the police their right to investigate matters for
themselves. It will be deeply problematic for
Monaghan if there is any whiff that what
transpired was more than what was publicly disclosed;
given the seriousness of the matter, a cloud of
distrust will hover over Monaghan in all things Ave
Maria, including his Town.
An explanation remains open as to how the priest and
his parish supporter - both of whom lacked computer
technical skill - garnered the instructions and skill
to remove the pornographic drive and to
install/format the brand new hard drive.
Before the trial starts, it is also worth considering
Dean Dobranski's boundless tolerance for the
outrageous public remarks made week after week by his
"buddy" AMSL Chaplain Fr. Michael Orsi (1,2,3,4)...
and compare that to Dobranski's harsh and abrupt
termination
of tenured founding professor Steve Safranek
based, supposedly, on thin
and misleading
reasons. Remember, it was Orsi who
invited the BoysCherries scandal upon the
Law School... and it was Orsi who, according to
reports, never even bothered to tell the Dean
about the incident until after Dobranski
was informed by another source.
Dobranski's seemingly insurmountable task is to put
lipstick on the obviously ugly mug of arbitrary
employee treatment, as typified by where Orsi and
Safranek are today. There isn't enough makeup at a
Marco Island community meeting to coverup that boss
hog.
Note of Caution to Diocese of Venice
[L to R] Fr.
William Thomas, Tom Monaghan, Dean Bernard Dobranski
(standing),
Chaplain Michael Orsi (seated), Dean Eugene
Milhizer
Consider the case of Fr. William Thomas. He was an
Ann Arbor area priest who wanted to run with the big
names like Tom Monaghan. Fr. Thomas felt strongly
that his congregation should buy
into having an Ave Maria grade school at his
parish. The proposal was rejected by parishioners
for a host of reasons, not least of which were
strong concerns over Monaghan's burdensome
stipulations for control over nearly every aspect
of the school. Mr. Monaghan is adept at parlaying
the dedication of other Catholics (along with
their financial and intellectual investment) into
furthering the entrepreneurial potential of his
Ave Maria "brand". As Mr. Monaghan says, "If you
can franchise pizza restaurants, why can't you
franchise Catholic schools?" (Sept. 14, 2000).
Ave Maria would later return the favor to this local
priest with the franchisee spirit. Just after the
Diocese of Lansing informed Fr. Thomas that gay
pornography was found on his parish computer - with
some of it appearing to involve boys - Ave Maria
School of Law Chaplain Fr. Michael Orsi offered
Thomas access to their Ave Maria computer staff (see
background and
AW series).
Month's later, AMSL would conduct an internal
investigation to make an assessment for
"wrongdoing". It was an assessment in which
neither the Diocese nor the police had the
opportunity to conduct their own fact finding at
Ave Maria. Also, AMSL's internal assessment -
which Chairman Monaghan likely knew about - was
never fully disclosed to police or the Diocese
despite Ave Maria's access to, and likely
knowledge of, details on the computer's disgusting
contents, as found in the police reports.
Did Chairman Monaghan and Dean Dobranski have any
idea how high the stakes were? It was recently
reported that 85% of those convicted of
computer-based child pornography also admit to having sexually abused
minors. Why did Monaghan and Dobranski not
insist that the Diocese and the police
have unfettered access to Ave Maria for their own
fact finding? When a former Board member and
school founder calls for an independent
investigation of these events, one wonders if
anybody really knows the full story of
Ave Maria's involvement with this priest of the
Diocese of Lansing. Remember, personnel at both
Ave Maria College and at Ave Maria School of Law
had contact with Fr. Thomas about his computer.
Will Ave Maria do it again? In the Diocese of Venice,
will they offer services to Monaghan-friendly
Diocesan priests who are in trouble with the
chancery, and then not fully and immediately disclose
such help? Remember, it was only because of AW's
reporting, and the subsequent public attention, that
Dean Dobranski ever bothered to disclose
anything about the Fr. Thomas case. There is no
evidence that the Dean or Chairman Monaghan ever
sanctioned or reprimanded Chaplain Orsi. Based on
that, one might conclude that the Chairman and the
Dean do not find it problematic for an Ave Maria
employee to offer Ave Maria services to
non-employees who are in trouble. With Chaplain
Orsi scot-free, there is no reason to think that
Ave Maria will change its behavior in the Diocese
of Venice. In AveWatch's opinion, this event also
suggests that Tom Monaghan and Ave Maria
administrators cannot be expected to report
serious matters to the local Bishop or police if
they're not legally obligated to.
For all the faculty who were booted
as the new academic year beings at AMSL, and for
all the legal risk that Orsi invited upon the Law
School through Fr. Thomas, Ave Maria's Chaplain
Orsi seems miraculously secure in his job. As
someone who has flown on Tom Monaghan's private
jet, and has addressed Dean Dobranski as "buddy"
on their Saturday radio show ("The Advocate"),
Chaplain Orsi seems free to do and say nearly
anything without accountability.
For example, consider Fr. Orsi's stance on
immigration - a timely topic,
and one that is hot among Catholics in the Diocese of
Venice. Bishop Dewane, after all, served as Under
Secretary of the Pontifical Council for Justice and
Peace at the Vatican before coming to a diverse south
Florida. Listen to Fr. Orsi expound on "those people"
- the ones who, as he says, sing "Jose can you see",
and who try to learn that "boondoggle" of
English-as-a-second language (ESL). The first voice
that you hear in the clip is Chaplain Orsi, AMSL's
"Research Fellow in Law & Religion", a Catholic
priest with a doctorate in Education.
- Orsi on immigration - MP3 #1 (3 min. 29 sec.)
Hopefully, the Diocese of Venice will be able to halt what has been described to AveWatch by local parishioners as a "growing dislike" between "local Catholics" and so-called "Ave Maria Catholics". AveWatch and other interested parties already documented how one cannot simply stroll onto AMU's campus and expect to chat openly or privately with students and employees; such "interviews" are regulated by university policy. When AMU starts issuing its own "Directives" on the priest's posture duing Mass, one wonders the degree to which Ave Maria is trying to exert its own authority within Bishop Dewane's Catholic flock.
UPDATE, 8/23/2007 - Multipe people have written AveWatch to offer examples of "chain of command" issues involving Ave Maria priests. One example, mentioned several times, was a statement supposedly made by Chaplain Orsi at AMSL's fifth anniversary mass where he pointed to Dean Dobranski as "the best bishop I ever had". Was it a joke? Maybe. But, all good wisecracks have an element of truth.
Priest, Monaghan, Guernsey: Had Plans
[anything look similar?]
BoysCherries - Orsi on Discrimination
The following brief fair-use clips are from the October 14, 2006 AMSL radio show. The primary topic is discrimination on the basis of weight.
Background: Michigan is the only state to specifically prevent discrimination on the basis of weight. The state's Elliott-Larsen Civil Rights Act [PDF] was significantly amended in 1976. Now §202(i) of the law specifically states that an employer shall not refuse to hire or recruit, discharge or otherwise discriminate against an individual because of weight (or religion, race, color, national origin, age, sex, height or marital status). This law was used in the 2005 case of Pasanski v. Continental Rental Inc. Steve Pasanski was discharged from his position as a store manager. He weighed 360 pounds. Pasanski claimed that his employment was terminated because of his weight, and he won $284,000 in damages.
The incredible carelessness with which Chaplain Orsi conducted this conversation on discrimination - along with his sophomoric ensemble of Ave Maria administrators and personnel - gave AW the impression of bias against overweight individuals. Who would think that this kind of twaddle came from a law school - much less a Catholic law school - on an issue like discrimination? In AW's opinion, the tone is insulting, irresponsible, and a liability waiting to happen. This embarrassment should be near the top of a Board-sponsored independent assessment of institutional injury at the managerial hands of Dobranski and Monaghan. The first voice that you hear in each clip is Chaplain Orsi, AMSL's "Research Fellow in Law & Religion", who is a Catholic priest with a doctorate in Education.
Listen to the clips in order:
BoysCherries - Orsi on Immodest Dress
The following brief fair-use clips are from the October 28, 2006 AMSL radio show. The primary topic is the Australian Muslim mufti who blamed women for inciting rape by their choice of dress. It is beyond AW's comprehension that Dean Dobranski and Chairman Monaghan would ever allow Orsi back behind a Ave Maria microphone after these comments. The first voice that you hear in each clip is Chaplain Orsi, AMSL's "Research Fellow in Law & Religion", who is a Catholic priest with a doctorate in Education.
Listen to the clips in order:
BoysCherries - Orsi on 16 yr. olds
AveWatch has questioned the prudence of AMSL's decision to not report its direct involvement with Fr. Thomas to the police. AW has questioned Chaplain Orsi's decision to allow months to pass without Dean Dobranski's awareness of the help Orsi offered... and all with no apparent sanction or reprimand against Orsi for inviting difficulty upon the School. AW is interested in understanding the factors that might contribute to the persistent, but now seemingly untenable, belief that Fr. Thomas genuinely sought to preserve the contents of his computer hard drive... contents that Ave Maria School of Law should have discovered as a bevy of vile adult gay pornography and simulated child pornography during its internal investigation of the matter.
AveWatch is a long-time follower of "The Advocate", a weekly call-in radio broadcast featuring Chaplain Fr. Michael Orsi and Dean Bernard Dobranski. The broadcasts are heard in the Ann Arbor local market, but are available for free, in their entirety, as both a download and as a stream from the Law School's website. Given these outlets, one assumes that the show is a point-of-pride for the School.
AveWatch already reported that Chaplain Orsi is an outspoken public advocate that ordained gay priests not be put under "one strike, you're out policies". But what of victims? Some of Orsi's comments from the radio show are disturbing, in our opinion. The attached podcasts are short fair-use excerpts from the show on October 7, 2006. They discuss the culpability of the 16 year old boys in the Rep. Mark Foley 2006 sex scandal [1,2]. ABC News also reported that Foley asked for oral sex and explicit photos from a 17 year old page in 2002. The first voice that you hear in each clip is Chaplain Orsi, AMSL's "Research Fellow in Law & Religion", who is a Catholic priest with a Doctorate in Education.
Listen to the clips in order:
BoysCherries - Ugly Reality
AveWatch has gone to great trouble to be technically accurate in its account of the help provided by Ave Maria School of Law to a local priest investigated for child pornography. It is true that no criminal charges were filed against Fr. Thomas; the suspected child porn was located in an unallocated sector, which is not prosecutable. But, what was found "preserved" on that computer?... and what does it say of individuals who today persist in maintaining that Fr. Thomas' genuine intention in seeking Ave Maria's help was to preserve information that would establish his innocence?
The following is explicit. Use your own judgement.More...
BoysCherries - Response to Dean
UPDATE, 7/21/2007 - Fox News Detroit, AMSL storyMore...
BoysCherries - Who Should Call Police?
"Ave Maria Law School entangled in porn scandal"
"Priest directed computer staff to 'scrub' hard-drive"
The Law School's Dean, Bernard Dobranski, didn't like the word 'scrub', claiming the link to be "defamatory".
What is the Dean's support for defamation? Click below to review these matters and read the Dean's fax to NOR.More...
BoysCherries - Founder Wants Probe
Media Update:
+ 7/12/2007 - Fox News Detroit (Channel 2) - video
+ 7/17/2007 - New Oxford Review cites story in News Headlines
BoysCherries - Ave Involvement
Bob & Judy Zabik are parishioners at Fr. Thomas' Holy Spirit Parish. Mrs. Zabik served as Acting Principle of the parish school and served as the Chair of the Finance Committee for five years. Statement:
"Our last conversation with Fr. Thomas was after the 11:00am Mass on the last Sunday that he said Mass at Holy Spirit. Fr. Thomas told us that he was having someone at Ave Maria help him replace his hard drive. He didn't tell us who, and he didn't tell us which Ave Maria entity, and we didn't ask. Fr. Thomas also spoke about "getting a new brain" for his computer at his homily in that Mass."
"I mentioned Fr. Thomas' comments about Ave Maria to Patrick Flynn. It is my understanding that, eventually, news of this got to Ave Maria Law School, and the Dean of the Law School contacted Patrick looking for names and dates."
Patrick Flynn, the parish employee who first discovered and reported the pornography also said:
".. after Father Bill [Thomas] went lakeside, Dean Falvey [Ave Maria School of Law] called me at my office. He wanted to know if I knew any more about Father possibly taking his computer to AM [Ave Maria]. I told him that I did not. I only knew what he told the parishioner and that he did not specify which AM entity he was headed for. Falvey sounded sincerely upset that the Law School could quite possibly have been abused in this way."
Other evidence pointing to Ave Maria's likely involvement:
+ The police incident report states "Pavlock stated that he was told by Father Thomas that Father took the hard drive and he gave it to Dr. Silva at Ave Maria College in Ann Arbor. Pavlock stated that Dr. Silva had the hard drive for a short period of time before he shipped it back to Father Thomas."
+ AveWatch has a protected source who reports knowing that Fr. Orsi admitted to directing Law School IT staff to Fr. Thomas.
+ AveWatch received the following statement from Robert Falls, Monaghan's PR agent, corroborating that the Law School's Chaplain, Fr. Michael Orsi (also an assisting pastor at Holy Spirit Church) was involved:
"Each and every allegation concerning the incident in question -- which is not accurately portrayed in the article--was fully and thoroughly investigated by an outside law firm (the same law firm that has been widely praised for its recent internal investigation into the death of a student at Eastern Michigan University) and no wrongdoing by any person connected w/AMSL was found to have occurred--specifically including Father Orsi or anyone in the IT department."
The law firm mentioned here is Butzel-Long, Tom Monaghan's long-time legal representation. Why would Butzel-Long do an internal investigation at the Law School, and Falls specifically mention Orsi and the IT department if, in fact, they had no contact with Fr. Thomas about his computer?
Ave Maria School of Law and Ave Maria College must clearly state whether any of its employees were involved in the handling or offering of help to Fr. Thomas while he was under investigation by police. If Ave Maria was involved, they must also state the nature of that involvement and why such involvement was not reported to the police.
BoysCherries - Statement Released
Excerpts from Flynn [clarification in square brackets; emphasis added]:
"Father Thomas [the priest in question] is sitting up in his cottage in Bear Lake collecting full pay and benefits from the Parish while still bearing the title, Pastor after what he has done. And I who, for the welfare of the children of the church, did only what was right, am harassed, insulted and ultimately terminated without a source of income to support my wife and seven children."
"According to the attorney for the Diocese, Michael Murray, Bishop Mengeling told Father [Fr. Thomas, the priest in question who was helped by Ave Maria School of Law] to return to the parish, get all that material off the computer and behave properly and do not retaliate against the whistle-blower."
"According to a parishioner, several days before his [Fr. Thomas'] departure, Father expressed an intent to bring his computer to Ave Maria (he did not specify which entity) and have the hard drive erased."
Again, AveWatch asks - Why didn't Tom Monaghan, Chairman of the Board at Ave Maria School of Law, report his institution's involvement to the police?
AveWatch also calls upon AMSL's Board of Governors to state if it is their position that Chairman Monaghan and Dean Dobranski acted appropriately by not insisting that all involved Ave Maria employees immediately report to state investigators; obtained police reports found no indication of any statement offered by any Ave Maria employee.
Ave Maria School of Law Board of Governors:
+ Professor Helen M. Alvaré
Professor of Law, Catholic University of America
+ Professor Gerard V. Bradley
Professor of Law, University of Notre Dame
+ Mr. Peter A. Carfagna
Senior Counsel, Calfee, Halter & Griswold LLP
+ His Eminence Edward Cardinal Egan
Archbishop of New York
+ Professor Robert P. George
McCormick Professor of Jurisprudence, Princeton University
+ Mr. William F. Harrington
Chairman, Bleakley Platt & Schmidt, LLP
+ His Eminence Adam Cardinal Maida
Archbishop of Detroit
+ Mrs. Kate W. O’Beirne
Washington Editor, The National Review
+ Dr. Michael M. Uhlmann
Visiting Prof. of American Government, Claremont Graduate University
Flynn Statement - PDF
BoysCherries
"...it is necessary that I address with you the matter of the appropriate use of law school resources by faculty members. Ave Maria School of Law resources, including the Law School email, may not be used... for any other activities or purposes that are intended to or are reasonably likely to undermine or damage, tangibly or intangibly, the successful operations of our Law School."
Question -
Is it a violation of the Dean's "appropriate use" rubric if an AMSL employee directs the School's Information Technology (IT) staff to offer consultation to a non-employee concerning computer files and their storage and erasure? What if that non-employee was a local priest under investigation for child pornography?
UPDATE, 7/10/2007 (2:30pm EST) - The wife of the parishoner who first discovered and reported the computer pornography makes a statement.
UPDATE, 7/10/2007 (4:45pm EST) - To facilitate media requests, background information on some aspects of this story can be found in the following Michigan Dept. of State Police "Incident Numbers":
- 012-0005383-05(DB) (there is also a search warrant with this number)
- CCU-0000156-05 (FU)More...