Legal question

[_moinmoin]

So why didn't the bishop annotate? Why didn't the bishop hold a church court?

And if he confessed to the bishop, how do you know about it?

Not trying to be confrontational at all, just wondering why nothing has been done so far on the church records and why the bishop broke confidentiality.

The victims were in my ward. The incidents preceded my time as bishop. He had the man tell the couples, and the couples told me. They went to the police, and the police are investigating, but the police and county attorney appear reluctant to proceed without physical evidence. He immediately moved to another state and got an attorney after confessing, and that's where things are.

The bishop didn't break confidentiality, and I don't think he erred in having him tell the couples. Once the man told the couples, they can do anything they want (and did exactly what they should have, in my view).

I'm trying to do as much legwork as possible for the stake president. I want to order his records back into the stake and discipline. At the very least annotate the records. I'm wondering if the Church can/will annotate even with just the call, before any proceeding has taken place.

[_I have a question]

Have you prayed about it, and what did the spirit tell you to do?

[_moinmoin]

Have you prayed about it, and what did the spirit tell you to do?

What I'm doing.

[_I have a question]

Have you prayed about it, and what did the spirit tell you to do?

What I'm doing.

I’d make sure the press find out that the police are sitting on their hands.

[_Dr Exiled]

Have you prayed about it, and what did the spirit tell you to do?

What I'm doing.

Have you contacted the church's lawyers at Kirton & McConkie? I thought they had a hotline for these types of questions. If you did, what did they say?

[_CameronMO]

It frustrates me to know that people who write long-ass letters with questions, or people who blog, or people who podcast, have absolutely no problem getting called into the church court process to get ex'ed, but this guy had nothing done. No church court. No annotation. And he moves and begins the process of grooming and child molesting in another state. Thank you for that.

I understand why the police and prosecutor aren't filing charges. As a former public defender, these cases are hard on everyone. The police generally don't like the investigation part. The prosecutor generally doesn't like the questioning part, or exposing children to detailed questioning- from both sides of the case. The abused doesn't generally want to go through it again, and neither do their parents. The defense attorney generally doesn't want to sit next to the client, much less defend him. In my experience, the only one wanting the trial to go forward was the abuser, as they seemed to like reliving the past.

But I agree with Exiled so far. Call the hotline.

[_moinmoin]

Have you contacted the church's lawyers at Kirton & McConkie? I thought they had a hotline for these types of questions. If you did, what did they say?

Just spoke with them. Very helpful conversation, and it answered a lot of questions and clarified what should be done going forward. I can say that it appears that my concerns about lawsuits from people receiving discipline but not legal consequences are unfounded. No concern there.

I have a question:

I’d make sure the press find out that the police are sitting on their hands.

It seems that everyone understands why the police/prosecutors aren't moving forward (or appear not to be). There are a number of problems when the only evidence is testimony from parents about confession to them (i.e., no direct testimony from the victims themselves). This doesn't have a bearing on church discipline, though, although usually they wait until there is a conviction. If there isn't going to be, that can still be done.

I have several things to advise the stake president about now.

[_I have a question]

Have you contacted the church's lawyers at Kirton & McConkie? I thought they had a hotline for these types of questions. If you did, what did they say?

Just spoke with them. Very helpful conversation, and it answered a lot of questions and clarified what should be done going forward. I can say that it appears that my concerns about lawsuits from people receiving discipline but not legal consequences are unfounded. No concern there.

I have a question:

I’d make sure the press find out that the police are sitting on their hands.

It seems that everyone understands why the police/prosecutors aren't moving forward (or appear not to be). There are a number of problems when the only evidence is testimony from parents about confession to them (i.e., no direct testimony from the victims themselves). This doesn't have a bearing on church discipline, though, although usually they wait until there is a conviction. If there isn't going to be, that can still be done.

I have several things to advise the stake president about now.

A horrible situation for you to have to deal with. Good luck.