The Arizona Republic
Jul. 16, 2005 12:00 AM
No criminal charges will be filed against a suspended Catholic priest who was suspected of financial misconduct at his Gilbert parish.
The Rev. John Cunningham committed "no offense . . . that would result in a reasonable likelihood of conviction," said Bill FitzGerald of the Maricopa County Attorney's Office. He blamed the financial irregularities on "poor bookkeeping or business practices."
However, Phoenix Diocese officials said they still plan to try to recoup $250,000 from Cunningham, church money they say he spent to renovate his private property.
The priest's troubles began in April 2004 when he was accused of violating church law by celebrating a wedding Mass with a clergyman from another Christian group. Bishop Thomas J. Olmsted placed him on administrative leave.
The leave triggered an audit of Cunningham's parish, St. Mary Magdalene in Gilbert, which turned up financial irregularities between church accounts and the priest's personal accounts.
Cunningham, who has been a priest in the diocese for 25 years, was fired as pastor a month later.
Cunningham, who is in Ireland, was unavailable for comment. His brother, attorney Jim Cunningham, acknowledged that the priest had mixed up church funds with his personal accounts but said it wasn't with criminal intent. He said it was necessary because the diocese failed to financially support the 2002 start-up of the new parish.
According to the lawyer, the priest had to use his own money to buy an office building for the church. He then used church money for renovation work but has since repaid it, Jim Cunningham said. The building has remained in John Cunningham's name and was never signed over to the parish.
Joe Anderson, chief financial officer of the diocese, contends Cunningham spent the bulk of $250,000 in church funds to pay workers to keep up his private property.
"Impossible," Jim Cunningham said. "It didn't happen."
Anderson said the diocese has an insurance policy that covers it against theft and fraud and officials expect a settlement in the case. The insurance company then could sue Cunningham for the amount.
As for the Mass question, the Rev. Tim Davern said his report would go to the bishop next week. Then the bishop and two other experts on church law, as well as a church lawyer hired by Cunningham, will decide whether there was a violation.
"The issue is whether a non-Catholic clergyman concelebrated Mass with a priest," Davern said. "It's pretty clear, either he did or he didn't."
The penalty, if the priest is found to have concelebrated, likely would be a formal suspension, Davern said.
The Rev. John Cunningham committed "no offense . . . that would result in a reasonable likelihood of conviction," said Bill FitzGerald of the Maricopa County Attorney's Office. He blamed the financial irregularities on "poor bookkeeping or business practices."
However, Phoenix Diocese officials said they still plan to try to recoup $250,000 from Cunningham, church money they say he spent to renovate his private property.
The priest's troubles began in April 2004 when he was accused of violating church law by celebrating a wedding Mass with a clergyman from another Christian group. Bishop Thomas J. Olmsted placed him on administrative leave.
The leave triggered an audit of Cunningham's parish, St. Mary Magdalene in Gilbert, which turned up financial irregularities between church accounts and the priest's personal accounts.
Cunningham, who has been a priest in the diocese for 25 years, was fired as pastor a month later.
Cunningham, who is in Ireland, was unavailable for comment. His brother, attorney Jim Cunningham, acknowledged that the priest had mixed up church funds with his personal accounts but said it wasn't with criminal intent. He said it was necessary because the diocese failed to financially support the 2002 start-up of the new parish.
According to the lawyer, the priest had to use his own money to buy an office building for the church. He then used church money for renovation work but has since repaid it, Jim Cunningham said. The building has remained in John Cunningham's name and was never signed over to the parish.
Joe Anderson, chief financial officer of the diocese, contends Cunningham spent the bulk of $250,000 in church funds to pay workers to keep up his private property.
"Impossible," Jim Cunningham said. "It didn't happen."
Anderson said the diocese has an insurance policy that covers it against theft and fraud and officials expect a settlement in the case. The insurance company then could sue Cunningham for the amount.
As for the Mass question, the Rev. Tim Davern said his report would go to the bishop next week. Then the bishop and two other experts on church law, as well as a church lawyer hired by Cunningham, will decide whether there was a violation.
"The issue is whether a non-Catholic clergyman concelebrated Mass with a priest," Davern said. "It's pretty clear, either he did or he didn't."
The penalty, if the priest is found to have concelebrated, likely would be a formal suspension, Davern said.