September 1, 2004

 

Worcester DA John Conte clergy abuse conviction still zero (0) accused three (3)

 

Rev. Andrew Bierkan, a minister of the United Church of Christ, not guilty.

 

For the third time since May 2004, Worcester DA John Conte’s investigation into childhood sexual abuse by a clergy member failed to gain a conviction.

 

The travesty of justice we see unfolding before our eyes in Worcester has reached a high level.  District Attorney John Conte and his staff of have failed to prosecute successfully one (1) clergy abuse case since the crisis broke in 2002.   

 

While the Massachusetts trial court computer which handles the entire state of Massachusetts was updated this afternoon,  DA John Conte’s web site was as of 5:15 pm Wednesday, still had not posted the not guilty verdict on both charges in the allegations brought against Rev. Andrew Bierkan, former minister at the Sutton Congregational Church.

 

Rev. Bierkan had waived his right to jury trial and on the second day of trial Wednesday afternoon, Judge Timothy S. Hillman, who was presiding over the trial, found the Rev. Andrew Bierkan not guilty on one count of unnatural rape of a child and one count of posing a minor in a state of nudity.

 

One must question the legal reasoning behind the decision of Worcester DA John Conte to bring this case to trial.  From the onset it was very clear that the circumstance in this case were subjective at best.  Assistant District Attorney Jeffrey T. Travers was well aware that Mr. Russell Rixham, a church deacon, would not corroborate the actions the victim said she recalled. 

 

Worcester DA John Conte obtained an indictment which was returned August 11, 2003.  Forty docket entries are listed in the case, yet the case itself was of little substance and appears to be an attempt to fool the public into believing that prosecution of clergy does occur.  What remains painfully obvious is not one Worcester Diocese Catholic clergy has been successfully prosecuted, while DA Conte claims to have obtained 110 victim statements.

 

Thursday, September 2, 2004 Former Sutton minister acquitted of sexual assault   Gary V. Murray T&G STAFF gmurray@telegram.com   WORCESTER- The former pastor of a Sutton church was acquitted yesterday on child sexual assault charges. The Rev. Andrew J. Bierkan, 54, former pastor of the First Congregational Church of Sutton, was found not guilty on charges of unnatural rape of a child and posing a child in a state of nudity after a jury-waived trial in Worcester Superior Court. A 20-year-old Tennessee woman testified Tuesday that Rev. Bierkan, who now lives in Ohio, molested her on three occasions at various locations in the Sutton church and took several photographs of her while she was partially nude. The offenses were alleged to have occurred on diverse dates from 1989 to 1992. The alleged victim testified that she was about 6 years old when she was first assaulted by the minister. The woman did not report the allegations to police until 2002. Rev. Bierkan was indicted last year by a Worcester County grand jury. The alleged victim, now a college student, testified that she came forward after she attended a National Honor Society banquet at a church and then began having nightmares and flashbacks related to the assaults. The woman testified that one of the assaults, which she said involved digital penetration, occurred in the sanctuary of the Sutton church during a youth group meeting and in the presence of Russell Rixham, a church deacon. Mr. Rixham, who was called to the witness stand yesterday by Rev. Bierkan's lawyer, Mark E. Noonan, denied the woman's contentions. Mr. Rixham and other witnesses also testified that youth group meetings were not held in the sanctuary of the church. Rev. Bierkan, who has been on a voluntary leave of absence from his position as pastor of St. Paul United Church of Christ in North College Hill, Ohio, did not testify during the two-day trial. Rev. Bierkan resigned from the First Congregational Church of Sutton in 1992, after four women accused him of sexual harassment and ministerial misconduct, accusations that did not result in any criminal charges, according to District Attorney John J. Conte. In his closing argument in the case, Assistant District Attorney Jeffrey T. Travers said details provided by the complaining witness indicated she was telling the truth when she accused Rev. Bierkan of assaulting her. Regarding the assault that allegedly occurred in Mr. Rixham's presence, Mr. Travers suggested it was likely Mr. Rixham could not see what Rev. Bierkan was doing from his vantage point. Mr. Noonan noted that the alleged victim did not report the allegations to police until 2002. He said the delay in reporting, coupled with discrepancies in the woman's various statements and the "preposterous" nature of some of her claims provided reasonable doubt in the case. Judge Timothy S. Hillman found Rev. Bierkan not guilty of both of the charges against him. Rev. Bierkan hugged family members and former parishioners after the trial and declined to comment on the case.