Siding with the DA in the St. Junipero Serra Dispute

When you attack Catholics, you should expect a Catholic response

by Fr. Robert J Carr

There is a dispute going on between the Marin County District Attorney’s office and Archbishop Cordileone of San Francisco.

First I agree with the Archbishop on certain things and I disagree with him on others in this and other situations.

On October 12, 2020, which in California is named Indigenous People’s Day but was formerly Columbus Day,  Ines Shiam Gardilcic, Victoria Eva Montanopena, Melissa Aguilar, Mayorgi Nadeska Delgadillo, and Moira Cribben Van de Walker were arrested and charged with felony vandalism. They defaced a statue of St. Junipero Serra with red paint to represent blood and brought it down. Through a mediation effort of restorative justice, the charges were lowered to a misdemeanor and may be dismissed after a process that includes:

·         Pay monetary restitution, an amount determined by the Marin County Probation Department, to the church for the repair or replacement of the statue;

·         Complete 50 hours of volunteer work;

·         Apologize in writing as part of the official court record;

·         Participate in a community forum to be held in the coming months with a credible historian who will give stakeholders a chance to have a meaningful dialogue about the issue; and

·         Stay off the church property.

Archbishop Cordileone complains that the charges should not have been reduced and the now-convicted activists should face the felonies that were the original charges. He does add that he does not want them to face jail time.

His excellency complains that the Archdiocese was left out of the restorative justice process and that the mediator treated the accused, now convicted activists, as victims. According to the district attorney’s press release, the process included members of the “church”. The press release does not indicate how the DA’s office defined the word“church” or whether this meant parishioners of San Rafael parish or others.

The Archbishop believes that this action by the DA’s office is more anti-Catholicism from a country with a long history of it.

If you look carefully at the Archbishop's leanings you will see he operates from universal principles related to justice and restoration. It appears that the DA’s office is working more from personalist principles related to how issues affect a particular person.

I agree with the DA’s office on their action although clearly if the archbishop is correct, the Archdiocese should not have been left out of the restorative process.

The reason for the criminal court system in all forms is to ensure justice is handed out and equally to all parties. If this does not happen then the process leaves the door open for vigilantism. So doing justice well is essential not only for all parties involved but for the safety of society. People need to trust in their justice system; when that trust and confidence fails the whole society is at risk.

However, the convicted activists committed crimes against the Catholic Church members and parish. We as Catholics may receive the same justice as other members of society but we do not have to require it. Our role must be not what is best for society or even us in the short run but what is best in the long run for all. Convictions regardless of reason have a long reach. A record of one misdemeanor or more so a felony can affect one’s ability to get a job, a place to live and so much more long after the convict completes the sentence. The collateral damage includes family and may continue for at least one additional generation. This too is a great injustice in our society.

We must be agents of change against the collateral damage of these actions. The DA demanded action taken to respond to the unjust actions of the activists but he is putting a hold on the long-term consequences of their crimes. This is the right thing to do. It should spread to all forms of crime to where one pays for the consequences of and acts in restoration to the harmed. We as Catholics must be at the forefront to ensure these and others convicted of crimes and their families do not have to suffer collateral damage beyond their respective sentences.

Once a person served a sentence, no non-government consequences should follow him or her. They should not be refused: job, housing or any other staples of life after fulfillment of sentence.

I agree with the Archbishop that the Archdiocese should have been involved in the restorative justice process. I agree with the district attorney that restorative justice was the way to go. I disagree with the archbishop on the need for felony charges. We are in the business of doing what is best for the common good. Forcing someone to suffer collateral damage that touches even the basics of food, clothing and shelter denying those who have served their sentences jobs and housing is something we Catholics must stand against.

Clearly, one can make a discerning hire. A convicted jewel thief should be rightfully denied employment in a jeweler’s store, but other unrelated work should not be denied to the person. The same for housing.

The district attorney's office took the first step through the sentencing process they offered to the vandals, they need to do more of this on a wider scale. The Catholics should support that effort.

Fr. Robert J Carr is the pastor of St. Anthony Parish in Allston, MA

The opinions expressed do not necessarily represent the staff or parishioners of St. Anthony Parish or the Archdiocese of Boston.

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