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Official: The Sacred Congregation for the
Doctrine of the Faith Supreme Tribunal
issued a sentence Oct. 30 dismissing
Gary A. Zalenski from the clerical
state. This decision was communicated
Nov. 17 to Diocese of Steubenville
Bishop Jeffrey M. Monforton.

THE STEUBENVILLE REGISTER, Dec. 5, 2014, Page 4.

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GARY A. ZALENSKI

TIMELINE:

ORD. 1977         DIOCESE OF STEUBENVILLE
 
-    1978-82  Cambridge, OH   St. Benedict Church  Priests:  Msgr. Patrick K. Maher; William A. Hilliker; Gary Zalenski           
     School:  163 students

-    
1978:  Zalenski is on faculty at Guernsey Central Catholic High School, Cambridge.  Two of the priests on faculty with him are now convicted
     Steubenville abusers
: Carl Peltz and F. Edward Maloney.   Other priests there with them are Gene Mullett, Mark Froelich, and David Reasebeck, who
     is the principal.
 
-    1979-1980 school year.  Zalenski is still with the same priests at  St. Benedict's, Cambridge.  Peltz and Maloney are gone from Guernsey Catholic HS.
     There is one IHM brother, unnamed, with him at Guernsey Catholic as well as Gene Mullett, William Hilliker, and John Price.  (Maloney is off to Ecuador and Peltz
     is in Steubenville.)
 
-    1980-81:
 Zalenski is still at St. Benedict's, Cambridge.  Peltz is now back with him at Guernsey Catholic HS.  Peltz is stationed in nearby Lore City
     (SS. Peter and Paul). Also, John Price and 1 IHM Brother are with them at Guernsey Catholic HS.
 
-    1981-82: Zalenski still at St. Benedict’s, Cambridge. Zalenski and Peltz are at Guernsey Catholic HS.  Only Peltz and Zalenski are listed as priests
     teaching there.  A nun is now principal.  The IHM brother is gone. Peltz is alone at St. Henry’s in Harrietsville.
 
-    1982-83: Zalenski is still at St. Benedict's in Cambridge and Guernsey Catholic HS.  Peltz is sent to Marietta. The nun is still principal of Guernsey
     Catholic HS and the priests with Zalenski are Joseph Bielanski and Richard DiCarlo.
 
-    1983  St. Clairsville, OH   St. Mary Church.    Priests:  Msgr. George R. Coyne; Gary Zalenski; Robert S. Borer; D. Donald Wehrung      
     School:  201 students
 
-    1984  not listed in directory­.  Unable to determine location. He is not under ANY heading: e.g., aol, serving elsewhere, etc.
FIRST GAP IN ASSIGNMENT RECORD
 
-    1985  Absent On Leave.  Address given:  St. Anthony Church, Bridgeport, OH.  Zalenski is listed with John Costlow at this point, who was an old
     priest by then. THE PHONE NUMBER GIVEN for Zalenski  is NOT A BRIDGEPORT NUMBER it is SPRINGFIELD OHIO EXCHANGE
     which is clear across the State. (614-279-9758)
 
-    1986  
Absent On Leave.  Listed as in residence:  St. Anthony Church, Bridgeport, OH.  (this time the phone number given is for St. Anthony’s)
 
-    1987-91  Belle Valley, OH   Corpus Christi Church.   Priest:  Gary A. Zalenski. 
     Lore City, OH   Sts. Peter and Paul Church   Priest:  Gary A. Zalenski.
 
    In res:  Rev. Dennis P. Lyden(’88)        Summer Mission:  Senecaville, ­St. Andrew on the Lake
 
-    1992  Absent On Leave.
 
-    1993  Absent On Leave.  Listed address:  St. John, Tallman Ave., Bellaire, OH  That is St. John’s rectory… older experienced priests there and
     ZALENSKI IS NOT LISTED AS A PRIEST IN RESIDENCE THERE.
 
-    1994  Absent On Leave.  No location listed.
SECOND GAP IN ASSIGNMENT RECORD.

 
-    1995-97  Absent On Leave.   Listed address:  419 N. 9th St., Martins Ferry, OH 43935 (this address is his parents’ home address)
 
-    1998  Ironton, OH   St. Joseph Parish and St. Lawrence Parish:
  Priests:  Thomas R. Nau; Gary A. Zalenski          
     St. Lawrence Central Grade School:  136 students.  St. Joseph Central High School:  83 students.
     1998 supplement, p. 232  Absent On Leave, Gary A. Zalenski, Martins Ferry, OH
     By halfway through the year he is back at his parent’s address, 419 N. 9th St., Martins Ferry, OH
 
-    1999  not listed in directory.  Unable to determine location:
THIRD GAP IN ASSIGNMENT RECORD.
 
-    2000-06  Neffs, OH   Sacred Heart        Priest:  Gary Zalenski.  
     Note: Zalenski  is also on the board at St. John Grade School, Bellaire.
     “St. John Central Grade School falls under the Diocese of Steubenville. The board is comprised of Pastoral Administrator Rev. Fr. Samual Zaprano,
     Msgr. Gene Mullett and Rev. Fr. Gary Zalenski.” http://www.timesleaderonline.com/page/content.detail/id/500028.html?nav=5073
 
-    2007   With the principal of St. John, Bellaire, he gave a talk on Education, July 2007:  EDUCATIONAL LEADERS' CONFERENCE.
     WHERE ARE WE?  WHERE ARE WE GOING?
  http://home.catholicweb.com/diosteubocf/index.cfm/NewsItem?ID=142735&From=Home


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Related documents:

5. Court Ordered Released Documents in Beth Rocker vs. Guernsey County Sheriff's Office 

4.  Relator’s Brief In Response To Court’s Judgment Entry, October 15, 2010

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FIFTH DISTRICT COURT OF APPEALS
GUERNSEY COUNTY

 

         STATE EX REL. BETH ROCKER,                  :           Case No.   09-CA-4                                                                         

                             Relator,                                          :

                        RELATOR’S BRIEF IN
           v.                                               :          RESPONSE TO COURT’S                                         
                     JUDGMENT ENTRY

                GUERNSEY COUNTY SHERIFF’S        :       

                           OFFICE                                         :                

                          Respondent.                                                    

________________________________________________________________________

 

Now comes Relator Beth Rocker (“Relator”), by and through counsel, and provides this brief in response to this Court’s Judgment Entry dated October 12, 2010.  In that Entry the Court ordered the parties to submit briefs on the issue of the whether certain documents may be subject to the medical records exception of R.C. §149.43(A)(1).

THIS COURT IS IGNORING THE MANDATE OF THE OHIO SUPREME COURT

 

            This case originated with a public records request to Respondent relating to the investigation of a priest named Zalenski. Respondent refused to provide the requested documents, raising only one justification: the uncharged-suspect exception to public records law. Relator filed this action in this Court, and this Court agreed with Respondent that the records are not subject to disclosure. This Court's rationale was based solely on the uncharged-suspect exception. Relator appealed to the Ohio Supreme Court, and the Ohio Supreme Court reversed. Three months ago, the Ohio Supreme Court issued a very specific mandate to this Court, ordering that this Court disclose the records "following the redaction of those portions of the record that are subject to the uncharged-suspect exemption..."

This Court is now attempting to open up a new can of worms. Despite the fact that Respondent has never raised any other exception to the public records law, and despite the fact that Zalenski has never intervened in this action to assert any alleged privileges, this Court is now sua sponte seeking a new basis for refusing to disclose the records. This diversion is beyond the authority of this Court because it is a direct violation of the mandate of the Ohio Supreme Court.

The records must be produced in accordance with the mandate, redacted only to comply with the uncharged-suspect exception.

THE RECORDS DO NOT SATISFY THE “MEDICAL RECORDS” EXCEPTION

Even if there were some legitimate reason to analyze the medical records exception at this point, the records within the Court’s possession are probably not subject to it. The Court has given absolutely no description of the documents to which it refers, seriously handicapping Relator’s ability to analyze the applicability of the exception. However, counsel is familiar with similar records found in priest personnel files in the past. In those situations, the priest has waived any physician-patient privilege by authorizing his medical providers to release records to his employer, the church. Thus, if the Court has psychological reports written to the church to establish whether Zalenski is fit to perform his duties, then any physician-patient privilege has been waived.

R.C. 149.43(A)(3) defines “medical record” as a document which “is generated and maintained in the process of medical treatment.” For example, where an employer “obtains the report of a psychologist in order to assist it in the decision-making process concerning an employee’s future employment, the report was not ‘maintained in the process of medical treatment’ and must be disclosed.” State ex rel. Toledo Blade Co. v. Telb, Sheriff (1990), 50 Ohio Misc.2d 1 at (1990), 50 Ohio Misc.2d 1 at syllabus ¶ 9.  

It is difficult to speculate about any situation in which Zalenski did not waive his physician-patient privilege, yet the records still somehow found their way into the hands of Zalenski's employer or Respondent’s investigators. Respondent did not likely subpoena records directly from the medical providers. Rather, the records most likely were provided to Respondent by either Zalenski himself or his employer. In both cases, the privilege was waived and the records were not “generated and maintained in the process of medical treatment.”

Accordingly, the records are not likely subject to any medical records exception. If the Court believes that they are, then Relator demands more specific information regarding the nature of the records so that she may have a fair opportunity to address the Court's concern. Clearly, Relator has been denied that opportunity with this Court's cursory Entry of October 12, 2010.

Respectfully submitted,

 

                                                                                                                                   

Konrad Kircher (0059249)

Michael F. Arnold (0076777)

                                                                        KIRCHER ARNOLD & DAME, LLC

                                                                        4824 Socialville-Foster Road

                                                                        Suite 110

                                                                        Mason, Ohio 45040

                                                                        Tel. (513) 229-7996

                                                                        Fax  (513) 229-7995

                                                                        kkircher@kircherlawoffice.com

marnold@kircherlawoffice.com

Attorneys for Relator

 

 

CERTIFICATE OF SERVICE

 

            I hereby certify that a true copy of the foregoing Brief was served upon Daniel Padden, Esq., 139 Court House Square, P.O. Box 640, Cambridge, Ohio  43725-0640 this ____ day of October, 2010.

 

 

 

                                                                                                                                   

                                                                        Konrad Kircher



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3.  Court of Appeals Judgement Entry, October 12, 2010

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2010Oct12AppealsCourtJudgementEntry

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2.  http://www.supremecourt.ohio.gov/PIO/summaries/2010/0720/100057.asp

OhioSupremeCourt_BethRocker_7-20-2010.jpg
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1.         Statement of Bishop R. Daniel Conlon Diocese of Steubenville
        Regarding Rev. Gary A. Zalenski 11/17/2007


Effective today, I have withdrawn Father Gary Zalenski, who is currently serving as Pastor of Sacred Heart Parish in Neffs, Ohio, from active ministry, as the result of a credible allegation of his having sexually assaulted a minor in 1991.  He may not present himself as a priest or carry out any public function as a priest.  Within a few days he will move from the rectory at Sacred Heart to a private residence of his own choosing. 

 

The allegation was brought to the Diocese of Steubenville by a woman who was a young parishioner at Saints Peter and Paul Parish in Lore City, Ohio, where Father Zalenski was pastor at the time.  All information about the matter obtained by the diocese has been communicated to the Guernsey County Prosecutor. 

 

The matter will be referred to the Congregation for the Doctrine of the Faith, an office of the Holy See in Rome, for further action.  This could take some time.  In the meantime, Gary Zalenski will remain a priest of the Diocese of Steubenville, and the diocese will provide material assistance to him as needed.

 

This matter is being handled in full accord with the “Charter for the Protection of Children and Young People”, which was adopted by the Catholic bishops of the United States in 2002, the “Essential Norms”, which are special laws approved by the Pope for the United States to deal with child abuse, and the Diocese of Steubenville’s “Decree on Child Protection”.

 

As for Sacred Heart Parish in Neffs, I have appointed Monsignor Gene Mullett as Temporary Administrator, along with his other duties, and have asked him to provide special pastoral care to the people in this difficult moment.  The long-term future of the parish will be considered along with all the other parishes in the Presentation Deanery as part of the ongoing planning process. It is hoped that a plan will be finalized by next spring.

 

This is all very painful.  I am angered that a young member of the Church was apparently violated.  I am embarrassed that the offender was a brother priest.  I am troubled that absolute certainty about the matter is probably beyond my reach, and yet I must act.  I grieve that two parishes and two families are thrown into turmoil.

 

In such a situation I look to Jesus on the cross.  He took our sins and our brokenness upon himself and became the source of our healing.

 

Any person who has been sexually assaulted as a minor by a priest or other representative of the Diocese of Steubenville is encouraged to contact the diocese at 740-282-3631 as well as any local law enforcement agency.


         http://home.catholicweb.com/diosteub/index.cfm/NewsItem?id=218613

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RELATED NEWS POSTINGS

Steubenville, OH, WTOV NBC 9, "Why no public comment from Church on priest's removal?" [w/ video], December 10, 2014.

Steubenville, OH, WTOV NBC 9, "Zalenski removed from priesthood [w/ video]", December 10, 2014.

Steubenville, OH, WTRF CBS7, “Diocese of Steubenville Dismisses Priest”, December 9, 2014.


Steubenville, OH, Statement by Survivors Network of those Abused by Priests (SNAP), “A man too dangerous to be a Catholic priest has been formally expelled by the Vatican”, December 7, 2014.

Steubenville, OH, WTRF, "Group Wants Former Neffs Pastor Accused of Sexual Abuse Defrocked [with video]", June 17, 2014.

Steubenville, OH, WTOV, " Protest against former priest [with video]", June 17, 2014.

Steubenville, OH, Survivors Network of Those Abused by Priests, " Predator priest now teaches", June 16, 2014

Marrietta Times Editorial on
Delay in Zalenski Case, April 10, 2008

The Zanesville Times Recorder article on SNAP Billboard and Delay in Zalenski Case, March 19, 2008

Daily Jeffersonian article on Victim Filing Against Zalenski, January 8, 2008

The Intelligencer Wheeling News-Register article on Victim Filing Against Zalenski, January 8, 2008

Daily Jeffersonian article on 
Privacy for Zalenski Victim, December 7, 2007

SNAPSteubenville Press Release and Letter to Bishop Conlon, December 6, 2007


SNAPSteubenville Press Release and Letter to Bishop Conlon, November 28, 2007


Steubenville HeraldStar article on Zalenski, November 26, 2007

The Intelligencer-Wheeling News Register article on Zalenski, November 20, 2007

Daily Jeffersonian article on Zalenski and Interview with SNAPSteubenville, November 20, 2007

WTOV9: SNAPSteubenville Comments on Zalenski; Holds Support Meeting in Cambridge, November 19, 2007

WTOV9: Zalenski Denies Allegation, Novemeber 18,2007

Statement by Bishop Conlon, Diocese of Steubenville, Removing Rev. Gary A. Zalenski, November 17, 2007

Zanesville Times Recorder article about SNAPSteubenville, Tuesday, November 13, 2007


Postings by BishopAccountability.org .   Enter the name of Zalenski

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