A former Northeast Catholic High School priest accused of sexually abusing a student more than two decades ago will have to wait two months or more before learning if he’ll have to stand trial for rape and related charges.
Last week, a Municipal Court judge postponed a preliminary hearing for the Rev. James J. Behan until Aug. 9, allowing attorneys to prepare arguments as to whether the statute of limitations has expired in the case.
During the June 8 session before Judge Linda F. Anderson, defense attorney Michael McGovern moved to dismiss all charges, citing Pennsylvania’s rape statute requiring prosecution within 12 years of the alleged offense or, in the case of a child victim, before the victim turns 30.
Assistant District Attorney Maureen McCartney challenged both the timing and validity of McGovern’s motion.
She argued that the preliminary hearing should be held before the court considers any motions of dismissal.
McCartney also argued that the normal statute term does not apply to Behan because he has been living out of state since 1980.
“It’s not a loophole in the statute,” McCartney told Anderson. “This is using the statute the way it was intended.”
Authorities arrested and charged Behan, 60, of the Oblates of St. Francis de Sales, in April following an indictment by a local grand jury. Behan, who lives and ministers at the Oblates’ retirement community in Childs, Md., sexually abused a North Catholic student more than a dozen times from summer 1978 to summer 1980, according to the indictment.
Behan was a religion teacher at the school most of that time. Most of the attacks allegedly occurred in the Oblates’ rectory at 3662 N. Front St.
The victim, Burlington County, N.J., resident Martin Donohoe, was 15 when the alleged abuse began. He remained silent about the incidents until April 16, 2002, when he reported them to authorities after seeing a photo of Behan with a group of teenagers in a newspaper, the grand jury reported.
At the time, Behan had been pastor of Immaculate Conception Church in Wilmington, N.C., for almost a decade. According to the grand-jury report, Behan subsequently admitted an improper relationship with Donohoe to Raleigh, N.C., diocese officials.
McGovern has refused to comment on the alleged confession.
The Oblates, the clerical order that operates both North Catholic and Father Judge high schools, removed him from Immaculate Conception and placed him at the retirement community.
Donohoe later granted an interview to The Philadelphia Inquirer. Following last week’s court session, however, he refused to speak with reporters.
Meanwhile, McCartney’s colleague, Assistant District Attorney Will Spade, accused McGovern of employing underhanded legal tactics by withholding his motion until the day of the hearing.
As a result, Donohoe — who was limping severely and using a cane — attended the session when he otherwise might not have.
“We think it was unfair of the defense not to give (earlier notice),” Spade said. “We received the paperwork when we walked into the judge’s chambers. (McGovern) could have told us he intended to argue this today.”
During the session, McGovern agreed to have the postponement logged as a request of the defense after McCartney insisted that she was prepared to proceed with the preliminary hearing at the time.
McGovern found it ironic that the prosecutor was in such a hurry.
“They’ve waited twenty-five years (to prosecute), what’s another few weeks?” the defense attorney asked.
In response, McCartney accused McGovern of acting unprofessionally.
Behan is the first Philadelphia cleric against whom sex charges have been brought since District Attorney Lynne Abraham launched the grand-jury probe into sex abuse within the church in May 2002. ••
Reporter William Kenny can be reached at 215-354-3031 or bkenny@phillynews.com