More than five months after police investigators searched offices and a warehouse belonging to the Catholic Diocese of Dallas, a Dallas County district judge has ordered the return of documents not related to five priests specifically named in a search warrant.
State District Judge Brandon Birmingham issued the order Friday after reviewing documents seized by the Dallas Police Department during the searches.
In his ruling, Birmingham writes that the search warrant affidavit established probable cause to believe that five priests — Edmundo Paredes, 70; Richard Thomas Brown, 77; Alejandro Buitrago, 77; William Joseph Hughes, Jr., 63; Jeremy Myers, 62 – had committed sexual assault of a child offenses.
“Therefore, the seizure of any item not related to these five particular persons, for the specific offense listed, exceeds the scope of the search warrant as written,” Birmingham wrote.
Paredes is the only one of the five priests who has currently been charged. He remains at large and is believed to have fled the country.
The DPD searches this past May caught the diocesan officials off guard. In their search warrant affidavit, police said the church had stymied their attempts to collect information on priests who had been accused of abuse.
But Catholic church officials reacted angrily to the searches of its office, St. Cecilia Catholic Church in Oak Cliff and a storage warehouse where church files are kept.
After the searches, Dallas Bishop Edward J. Burns rebutted accusations that the diocese was purposely holding back files.
“I recognize that some may question the church’s credibility and transparency in this matter but any suggestion that the diocese was not cooperating in good faith is simply not true," Burns said in a video released by the diocese.
In his ruling, Birmingham also notes that he reviewed a “set of documents” that were affixed with pink signs labeled “no sexual assault issues.”
“The Court finds that all of the documents labeled ‘no sexual assault issues’ contained in the above-listed boxes exceed the scope of the search warrant,” the ruling states. “The court finds several documents created well before Jan. 1, 1950. All of these documents exceed the scope of the search warrant.”
For the documents personally reviewed by the judge, Birmingham’s order gives the Dallas Police Department “and its representatives” 10 business days to return “all documents that both parties agree are privileged,” “all documents the Court has determined to be privileged” and “all documents the Court has determined ‘exceed the scope of the search warrant.’”
Birmingham’s order also lays out his requirements for what should happen to remain to the documents that remain under review.
First, both sides have to determine which documents relate to the “five targets” named in the affidavit. Any documents do not relate to the “five targets,” or “are privileged” or “exceed the scope of the search warrant are to be promptly returned to the Catholic Diocese.”
“The return of those ‘agreed-upon’ documents can be accomplished on an ongoing basis without any further ruling or order from the Court,” Birmingham’s order states.
If the parties cannot agree on certain documents, then the judge ordered both sides make arrangements for him to review them and “settle the dispute,” the ruling said.
His order gives both sides until Dec. 6 to complete the review of the seized documents. His ruling also commands both sides to keep him updated every Friday until Dec. 6.
In January, dioceses across Texas – including Dallas – released names of priests "credibly accused" of sexual abuse of minors over the last seven decades.
The Dallas diocese released 31 names. Twenty-four of the priests were listed as "incardinated in the Diocese of Dallas," and seven more were listed as "incardinated in other diocese or religious order."
The police department began its investigation in February 2018 after accusations were made against Paredes, a longtime priest at the Saint Cecilia Catholic Church in Oak Cliff. The investigation expanded into four more cases of sex abuse allegations involving diocese priests.
The police search warrant carefully details the investigation into the local diocese and sexual assault allegations against five priests who have worked in Dallas.
In the warrant, Police Detective David Clark mentions a file handed over to police by the diocese on Brown, who served the church for 22 years. Clark said he talked to a victim who claimed she was assaulted by Brown in the '80s and reported the abuse in 2004. However, the accusation wasn't noted in Brown's file. The detective said when he told this to the diocese, they later handed over 51 more pages, a few of which noted the accusation.
But Burns has said these pages were simply later discovered as the diocese spent "hours combing through thousands of files, some of which were decades old."
The warrant says one of the accused priests was actually asked to investigate himself, records show. And, the warrant says, the outside investigators hired by the diocese were initially asked to look into "financial improprieties" by the priests and not sexual abuse allegations.
More on WFAA:
- After bishops call for married priests, pope urges new ways
- Nashville Catholic school removes Harry Potter books due to 'actual curses and spells,' reverend says
- Demons made North Texas woman fake Virgin Mary miracle, she says
- Former Jesuit Prep student sues school, Dallas diocese claiming priest abused him
- Bishop Burns says he's 'saddened' in response to Catholic Diocese of Dallas raid, warrant