Cell Doors Swing Open After Ruling on Molestation
By Tracy Wilson and Megan Garvey, Times Staff Writers
June 28, 2003
It was 2:26 a.m., and Lawrence Lovell was one of the first out.
defrocked priest awaiting trial on charges of molesting four altar
boys at the
historic San Gabriel Mission left Los Angeles County Jail after
less than a
week behind bars.
Twelve hours later, Michael Wempe left his jail cell with a smile
face. The 63-year-old retired priest, whose bail had been set two
weeks ago at $2
million, had been charged with molesting five boys 20 years ago.
Both men have denied the charges against them. At hearings next
cases are likely to be dismissed, prosecutors say.
And so it went Friday, as prosecutors, defense attorneys and the
attorney general's office scrambled to come to grips with the repercussions
U.S. Supreme Court decision invalidating a California law that had
decades-old child molestation cases to be prosecuted.
Lovell and Wempe are among hundreds of people some convicted,
sed, some still awaiting trial who will be released from
jails andd prisons
across California or whose cases will be dropped as a result of
The five justices in the high court majority ruled that California
violated the Constitution's ban on ex post facto after the
fact laws when the
Legislature decided to change the time limit for bringing criminal
child sex-abuse cases and made the new limit retroactive to cover
For many prosecutors, victims' advocates and police, the court's
hard to take.
The affected cases all involve not just allegations of abuse, but
corroborating evidence, which was required under the 1994 law that
the high court
"These are cases where almost always the perpetrator admitted
the abuse in
either direct interviews with investigators or the victims played
a role in
gathering evidence, making ... phone calls or meeting with the person
were wired," said Kevin Murphy, a sex crimes prosecutor in
Friday morning, Murphy dismissed the case against Stephen Kiesle,
priest who had told investigators that he molested a number of children
Kiesle had served time in the late 1970s in a separate child molestation
In Santa Clara County, Assistant Dist. Atty. Chuck Willingham spent
hours after the ruling, calling victims to let them know the outcome.
cases in his county will be affected.
"I'm sorry," he told nearly a dozen men and women with
whom he had worked to
build strong cases. "This is terrible, and there's really nothing
we can do
The response, Willingham said, has been "anger, disdain, confusion,
of understanding as to how this could have possibly happened, resignation
outrage. These are not easy conversations to be a part of."
Willingham mentioned one case involving a husband and wife convicted
multiple counts of molesting children. A sentencing hearing had
been scheduled for
them for next week and they faced life in prison. Instead, they
"The reality is, they won the child sexual predator lottery
Willingham said. "They won the jackpot." He also noted
that, with their convictions
overturned, those getting out of jail will not be required to register
"You're scot-free," he said. "Thank you very much."
But Kay Duffy, attorney for Father Carl Sutphin, 71, who is charged
counts of molestation, disputed that evaluation.
Her client may no longer face prison as a result of the court ruling,
life has been turned upside down by being publicly labeled a child
"I don't think anybody is walking away from this thinking
they got away with
something," Duffy said.
"These people have been tried and convicted in the press already
still have to live with that stigma for the rest of their lives."
Sutphin's lawyers have agreed to wait until after his alleged victims
contacted before seeking dismissal of the charges against him.
Ventura County Chief Deputy Dist. Atty. Michael Frawley, who has
been part of
the prosecution effort against Sutphin, sighed as he talked about
and painstaking process now facing prosecutors.
"Here's our problem," Frawley said. "Not only is
there a lot to do, but there
is a great deal of disappointment walking the halls here. A lot
of people put
in a lot of effort to make those cases happen."
His prosecutors have not yet dismissed any cases but they have
least 20 that are likely to be overturned as a result of the decision.
The case against Father Fidencio Silva, 53, is one example.
Silva, a Catholic priest who from 1978 until 1986 ran the altar
at a church in Oxnard, was charged with 25 counts of child molestation
March, after a yearlong investigation.
Frawley, a supervisor on the case, said 12 to 14 alleged victims
The process was emotional and time-consuming and, now, for naught.
California Atty. Gen. Bill Lockyer sent a letter Friday to all
attorneys across the state, advising them to act quickly to comply
with the court's
decision. "Immediate motions for dismissal in the interest
of justice would
be appropriate," the letter said.
But Lockyer's office is taking the position that crimes that occurred
Jan. 1, 1988, and Jan. 1, 1994, are still prosecutable, according
Anderson, chief assistant attorney general. That's because the statute
limitations for some sex crimes against children had been six years.
For others, it
had been three years.
Crimes that occurred after 1994 were not affected by the Supreme
Los Angeles Dist. Atty. Steve Cooley has estimated that at least
200 cases in
the county may be affected by the ruling. But determining which
still viable is a slow process, officials said.
In San Mateo County, Deputy Dist. Atty. Rick Good said having to
victims was even more upsetting than the news of the ruling.
On Thursday, Good phoned a woman who had been sexually abused in
when she was 13 years old, by Ramiro Jack Long, a Redwood City karate
Good told her that Long, convicted by a jury and expected to serve
at least 16
years, would instead be released.
"She was devastated," Good said.
The victim, now in her 40s, told Good she feared that Long might
after her. She wanted to know when he would be released, saying
that she planned
Many alleged victims risked a lot by coming forward to testify,
Bernardino County District Atty. Michael Ramos.
"That's the saddest part of this whole decision, but we will
do our best to
understand what this fully means and then gently give the news that
people will no longer be held responsible," Ramos said.
"We're calling them and we're trying to keep their spirits
up, but we're
being very blunt with them. It doesn't appear that they're going
to be able to
achieve closure with law enforcement and justice. It's been taken
Elliot Beckelman, assistant district attorney in San Francisco.
Frawley said his Ventura County prosecutors will continue to reassure
who went to police with allegations of abuse that their efforts
"We'll tell them that they definitely did the right thing
in coming forward,"
"It exposed a huge problem out there, and it served to educate
about what a dirty secret this is."
Times staff writers Steve Berry, Li Fellers, Jean Guccione,
Hilda MuÃ±oz and
Lance Pugmire contributed to this report.
Copyright 2003 Los Angeles Times