News/International
Personhood of unborn child will haunt Oct. 10 Supreme Court case, pro-lifers say
By Deborah Gyapong, Canadian Catholic NewsOTTAWA - The legal case of a woman who left the corpse of her baby girl to decompose on her balcony comes before the Supreme Court of Canada Oct. 10, throwing open once more the sticky issue of when an unborn child becomes a human being.
No sooner had Parliament voted down Motion 312, which would have studied this very issue, news broke in the mainstream news Canada’s highest court would be hearing arguments in the Ivana Levkovic case. Levkovic had been found not guilty by the trial judge under the Criminal Codes Section 243 which deals with the disposal of a dead body of a child with intent to conceal she delivered it, “whether the child died before, during or after birth.”
This section seems to contradict section 223(1) which Motion 312 proposed to examine that says a child is not a human being until the moment of complete birth.
The Ontario Court of Appeal ordered a new trial, determining the Criminal Code section would apply according to whether the child would have been viable or able to live outside the womb. The coroner was unable to establish whether the baby had been born dead or alive.
“The pro-abortionists putting out bush fires,” said Real Women of Canada national vice president Gwen Landolt, who is a former Crown prosecutor. “The reality of the humanity of the unborn child keeps popping up.”
Real Women is one of several groups that have intervened in court cases involving Charter issues on life, family and religious freedom, but will be observing from the sidelines this time.
Landolt said it is unusual for interveners to participate in a criminal trial because of the danger of having numerous interventions piling up against an accused.
The Ontario Court of Appeal judges, who are “not necessarily pro-life,” were coming to terms with the reality of the child the woman had concealed and left on the balcony, she said. “They had to come to terms with that.”
The judges’ appeal to viability reminded Landolt of what used to happen in medieval times when a pregnant woman was condemned to death. Midwives would place their hands on the woman’s belly and if they felt the baby moving, the “execution would be delayed because even in medieval times you couldn’t kill an innocent child in the womb,” she said.
The Catholic Civil Rights League (CCRL) will also be watching the Levkovic case with interest, said CCRL executive director Joanne McGarry. “I think it will help inform the debate to move in the direction that yes, a human life is there before birth and if deliberate harm is done to that life it should be punished accordingly.”
The Evangelical Fellowship of Canada (EFC), another group that has intervened in numerous court challenges, is keeping an eye on the arguments but EFC vice president and general legal counsel Don Hutchinson cautioned against reading too much into this case.
“The attention this case has drawn in the last week is largely because of the ‘not-a-debate’ of Parliament and extensive media coverage on the status of the pre-born child,” said Hutchinson, who noted the Levkovic case has two interveners: the Attorney General of Canada and the Criminal Lawyers’ Association of Canada.
Section 223 that Motion 312 proposed to study and this case, which looks at Section 243, are Criminal Code sections related to Section 251 which was struck down by the Morgentaler decision of 1988, he said. Section 251 was struck down because of the requirement women had to go before therapeutic abortion committees before obtaining permission for an abortion. It was struck down under the Charter’s Section 7 concerning the security of the person, since there were not enough committees in Canada to give timely recommendations in cases where the health or life of the mother might be endangered.
At the time, however, all the judges agreed it was Parliament’s jurisdiction to make legislation on the state’s interest concerning the pre-born child and even offered suggestions on how that might be done, said Hutchinson.
“I have no expectation that the decision of the Supreme Court of Canada will impact on the definition or provide protection for the child prior to birth,” he said.
Vatican court finds papal butler guilty; sentences him to 18 months
By Cindy Wooden, Catholic News ServiceVATICAN CITY (CNS) -- A three-judge panel of Vatican jurists found Paolo Gabriele, the papal butler, guilty of aggravated theft and sentenced him to 18 months in jail for his role in leaking private papal correspondence and other confidential documents.
The verdict was read Oct. 6 by Giuseppe Dalla Torre, president of the three-judge panel, just two hours after the fourth and final session of the trial.
Dalla Torre began reading the sentence with the formula, "In the name of His Holiness Benedict XVI, gloriously reigning, the tribunal, having invoked the Most Holy Trinity, pronounced the following sentence. ..."
He then said the judges had found Gabriele guilty and sentenced him to three years in jail, but reduced the sentence for four reasons: Gabriele had never been convicted of a crime before; the value of his previous service to the Vatican; the fact that he was convinced, "although erroneously," of having acted for the good of the church; and his declaration that he was aware of "betraying the Holy Father's trust."
The reading of the verdict and sentence took less than five minutes. Gabriele showed no emotion as the verdict was read, and afterward Vatican police led him to a side room while others exited the courtroom.
His lawyer, Cristiana Arru, said they would take him back to his Vatican apartment under house arrest. The defense has three days to inform the court if it intends to appeal.
"It's a good sentence, a balanced sentence," she told reporters. She said she and Gabriele had made no decision about the appeal.
Jesuit Father Federico Lombardi, Vatican spokesman, told reporters Pope Benedict was informed of the results of the trial immediately and was studying the matter. Father Lombardi said he believed it was likely the pope would pardon Gabriele, although he had no idea when that would occur.
Before the verdict was issued, the court heard the closing arguments of Arru and Nicola Picardi, the Vatican City prosecutor. Gabriele, a 46-year-old father of three, was given the opportunity to have the last word.
Gabriele told the court, "What I feel strongly is the conviction of having acted out of an exclusive -- I'd say, visceral -- love for the church of Christ and for its visible head."
"If I have to say it again, I'd say I do not feel like a thief," he told the court.
Picardi asked the judges to find Gabriele guilty and to sentence him to three years in prison; he said that while aggravated theft carries a maximum penalty of four years, there were "generic extenuating circumstances" that led him to seek a year less. However, he also asked the court to rule that Gabriele never again could hold a job in the Vatican that would bring him into contact with sensitive information or power.
In its sentence, the court did not order a restriction of Vatican jobs Gabriele could hold in the future; it did, however, order him to pay court costs.
In his closing arguments, Picardi reminded the court that during the interrogations before the indictment and trial, Gabriele had said he passed on only photocopies and never removed original documents, but the testimony of Msgr. Georg Ganswein, the pope's personal secretary, and six police officers proved he had, in fact, taken originals.
The prosecutor also told the court that Gabriele was fascinated by secret service operations and thought the Holy Spirit sent him as an agent to help the pope. Picardi also said Gabriele believed "the pope was not sufficiently informed" about Vatican scandals and careerism, and he told investigators he hoped to help bring those problems to light.
Picardi said that while it is difficult to believe that one person collected all the stolen documents alone, Gabriele claimed he acted on his own, and the investigation found no proof of other accomplices -- other than, perhaps, the Vatican computer expert, who is facing charges of aiding and abetting Gabriele.
Gabriele's lawyer, Arru, told the court that while what Gabriele did was "illicit," he was not guilty of theft since all he did was photocopy documents and not steal them. She said she believed the police who testified to finding originals were wrong; they simply didn't recognize the fact that color photocopies could look like originals.
In addition, she said, Gabriele reaped no benefit from photocopying the documents.
Arru urged the judges to consider Gabriele's motives for acting and to impose only a minimal sentence. "He felt forced (to act) by the evil he saw" around him at the Vatican, Arru said.
The defense lawyer said she hoped one day Gabriele would be "rewarded" for his desire to help the church and the pope.
Arru also told the court that any sentence should be reduced given the fact that Gabriele will be damaged for life by the publication of the court's August indictment, which included quotations from a psychiatrist and psychologist describing her client as simple, suggestible and as having an exaggerated sense of his own importance.
Testifying Oct. 2, Gabriele had said he was innocent of theft, but "I feel guilty for having betrayed the trust the Holy Father placed in me."
"I loved him like a son would," Gabriele told the court on the second day of his trial.
Asked to describe his role in the papal household, Gabriele said he served Pope Benedict his meals, packed the pope's suitcases and accompanied him on trips, and did other "small tasks" assigned to him by Msgr. Ganswein.
"I was the layman closest to the Holy Father, there to respond to his immediate needs," Gabriele said.
Being so close to the pope, Gabriele said he became aware of how "easy it is to manipulate the one who holds decision-making power in his hands," and he tried raising some of his concerns with the pope conversationally.
He said he leaked the documents out of concern for the pope, who he believed was not being fully informed about the corruption and careerism in the Vatican.
Hurricane season: Church is first responder in Latin America, Caribbean
By Ezra Fieser, Catholic News ServiceSANTO DOMINGO, Dominican Republic
On the little islands that make up the Caribbean's Lesser Antilles, there is not much in the way of protection from the annual wrath of the Atlantic hurricane season. Every year from hurricane season's start on June 1 until the end of peak months — August through October — the islands are like sitting ducks.
It's a threat that Marcia Boxhill-Haywood, regional co-ordinator for Caritas Antilles, confronts with meagre tools: a $40,000 emergency fund, a small staff that mans a warehouse in St. Lucia and a handful of volunteers.
Responding to hurricanes "goes right to the heart of what the Church does because storms don't just destroy buildings, they really destroy families and communities," Boxhill-Haywood said. "In these emergencies, the Church caters to everyone that's in need, not just Catholics. We serve all denominations."
Catholic dioceses across the Caribbean, Central America and Mexico are on the frontline during hurricane season. They shelter residents during storms and serve as first responders after they have passed, handing out food, water and medicine and helping residents rebuild their lives.
Yet, preparing for the potential damage to church buildings and the financial strain of feeding mouths and housing displaced residents remains a challenge. With funds in short supply, Catholic leaders said they co-ordinate more closely with governments and other institutions and rely on volunteers and neighbouring dioceses to fill gaps.
"It's difficult because there is a lack of resources and a lack of staff," Boxhill-Haywood said. "Putting funds into preparation for hurricanes is not on the front burner."
The Caribbean basin is in the midst of an extended period of increased hurricane activity that began in 1995 and can last for several decades, according to the U.S. National Oceanic and Atmospheric Administration. Through September of this year, the Atlantic had produced 14 named storms, eight of which were hurricanes with only one being a major storm — Category 3 or greater. Yet 68 deaths were attributed to the storms and damages totaled more than $2 billion.
Climatologists predict the situation will only worsen.
"The majority (of climate models) show an increase in high category hurricanes and a decided increase in hurricane-related rainfall, a source of flooding in ... the region," Kerry A. Emanuel, a professor of atmospheric science at the Massachusetts Institute of Technology, told Catholic News Service in an e-mail.
The region woke up to the reality of an increasingly volatile hurricane season in 1998, when Hurricane Mitch lingered over much of Central America for nearly a week, dropping unprecedented amounts of rain that set off major flooding, killing thousands and causing billions in damage. By the time the storm turned back toward the Gulf of Mexico, eventually striking Florida, it had caused nearly 11,000 deaths.
Church leaders said the region has made strides since Mitch in preparing for disastrous hurricanes and tropical storms.
However, in Central America, where the majority is poor, dioceses often find themselves shorthanded when a disaster strikes. Deep in Nicaragua's Mosquito Coast, Bishop Paul Schmitz Simon of Bluefields worries about the effects of hurricanes every year. Yet, his diocese, roughly 60,000 square kilometres, has no money set aside for the next storm.
"We don't have the resources to put some money away for a hurricane," he said. "We rely on other organizations and on our relationship with the government."
Schmitz's approach underscores the reality in which many dioceses find themselves: Short on cash to devote to hurricane preparedness, they count on other institutions and volunteers.
It's a system Schmitz has honed since Hurricane Joan hit the coast as a powerful category 4 storm Oct. 22, 1998. It killed 148 people before leaving the Central American country as a weakened tropical storm.
Schmitz said the region is about 50 per cent better prepared today than it was when Hurricane Joan hit.
Despite the lessons learned, in 2007 Hurricane Felix destroyed homes and flooded farmland. It destroyed most of the rural coastal town of Puerto Cabezas.
"I would like to say that we learned from it," Schmitz said. "We started building from concrete block and using building methods that can withstand hurricanes."
Constructing buildings to sustain the impact of hurricanes, however, is more costly and time consuming than the methods many have used for years.
In Haiti, a program to reconstruct church buildings destroyed by the January 2010 earthquake only recently doled out its first grants. The PROCHE, or Partnership for Church Reconstruction in Haiti, process requires new buildings to meet modern standards, designed to withstand earthquakes and hurricanes.
Rebuilding "intelligently and safely" is of the utmost importance, Archbishop Thomas G. Wenski of Miami said June 3 near the conclusion of a conference on rebuilding Haiti.
It was a lesson Fr. Sean Doggett on the small Caribbean island of Grenada learned firsthand. On Sept. 7, 2004, Hurricane Ivan hit the island as a Category 3 storm, damaging 95 per cent of buildings in some areas.
"In the parish where I am, there was not a house without a roof that needed at least to be repaired. Two of the (four) churches needed to be totally demolished and rebuilt, and a third needed a new roof," said Doggett of the Our Lady Help of Christians parish in Beaulieu, Grenada.
The storm was devastating, but help quickly poured in from the government, international donors and, more immediately, from neighbouring islands.
Doggett said volunteers were key links in properly distributing aid.
"I can boast that for the first month or two, the Church was much better at distributing (aid) than the government or other groups," thanks in part to the volunteer network, he said.
Today, the parish and island are far better prepared to withstand and respond to a hurricane, Doggett said.
"There is generally much more awareness of hurricanes and more information on how to prepare," he said.
In terms of construction, "there was a lot of consideration put into the standards after Ivan," he said. "The new standards require things like the use of hurricane straps and reinforcements ... for all buildings, from the smallest on up."
Pope authorizes granting of indulgences for Year of Faith events
By Francis X. Rocca, Catholic News ServiceVATICAN CITY - Catholics who participate in events connected with the 2012-2013 Year of Faith can receive a special indulgence, the Vatican said.
Pope Benedict XVI authorized the granting of a plenary, or full, indulgence in order to highlight the Year of Faith and encourage the "reading, or rather, the pious meditation on" the documents of the Second Vatican Council and the Catechism of the Catholic Church, a Sept. 14 Vatican decree said.
The decree, which the Vatican released Oct. 5, was signed by Cardinal Manuel Monteiro de Castro, head of the Vatican tribunal that deals with indulgences and with matters related to the sacrament of penance.
An indulgence is a remission of the temporal punishment a person is due for sins that have been forgiven.
Pope Benedict established the Year of Faith, "dedicated to the profession of the true faith and its correct interpretation," to run from Oct. 11, 2012 to Nov. 24, 2013. It begins on the 50th anniversary of the opening of Vatican II, which is also the 20th anniversary of the publication of the catechism.
The plenary indulgence is being offered to pilgrims who visit sacred shrines, to Catholics who participate in local events connected to the Year of Faith, and to those who may be too ill or otherwise prevented from physical participation. It can be granted on behalf of the individual petitioner or on behalf of departed souls.
The decree said conditions for the special Year of Faith indulgence include the normal requirements set by the Church for all plenary indulgences: that the person goes to confession, receives the Eucharist and prays for the intentions of the Pope.
The decree explained in detail some specific requirements for the plenary indulgence:
— Those visiting basilicas, cathedrals, catacombs or other sacred sites in the form of a pilgrimage must participate in a liturgy, "or at least pause for an appropriate time in prayer and with pious meditations, concluding with the recitation of the Our Father, the profession of faith in any legitimate form, invocations of the Blessed Virgin Mary and, where appropriate, of the Holy Apostles or patron saints."
— The Catholic faithful in any local church can obtain the indulgence by attending three sermons at parish missions or three lectures on Vatican II or the catechism; attending Mass or the Liturgy of the Hours on days designated by the local bishop for the Year of Faith; or visiting the place where they were baptized to renew their baptismal vows.
— Catholics who attend Mass celebrated by a bishop on the Year of Faith's last day, the feast of Christ the King, will also receive the indulgence, as will those impeded by sickness or other serious cause from attending the Mass, as long as they are truly repentant and pray while listening to the bishop bestow the indulgence via television or radio.
Man protesting government economic policies climbs St. Peter's dome
By Cindy Wooden and Francis X. Rocca, Catholic News ServiceVATICAN CITY - A 49-year-old Italian man protesting the economic policies of Italy and Europe scaled a fence on top of the dome of St. Peter's Basilica Oct. 2 and remained perched above a window for 28 hours, even during Pope Benedict XVI's weekly general audience in the square below.
With the help of two Vatican firefighters and the rope he had tied around himself, the protester, Marcello Di Finizio, climbed back up to the public walkway on top of the dome about 8 p.m. local time. He was escorted to a nearby Italian police station for what he told The Associated Press were "formalities."
Pope Benedict did not mention the protester, Marcello Di Finizio, during his audience talk.
Di Finizio, who had scaled the fence on the dome in July as well, runs a beachfront business in northern Italy, renting umbrellas and chaise lounges. He has been protesting Italy's plan to obey European Union directives by holding public auctions to distribute licenses to operate such businesses on public beaches.
Shortly after the Pope's general audience ended, Catholic News Service reached Di Finizio on his cellphone. Speaking from the dome, he told CNS: "I'm here to ask for help. Our government, our state, doesn't exist. Sectors of the economy, the beach sector, have been paralysed for years by government policies.
"I ask for political asylum from the Vatican," he said. "The Pope is the highest ethical and moral authority in this country, or at least he should be — let's hope he still is."
Di Finizio, who was wearing an Italian flag around his neck, said he would not come down until government officials and labour union officials promised to sit down with him and resolve the serious economic issues facing Italians who work in the tourism sector.
The protester said he felt forced to take his protest public in a highly visible fashion.
"I want to live; I like living," he said, but "if they want to kill me, let them do it in front of millions of people."
Di Finizio implied he could be willing to jump from the dome. When others are driven to such desperate measures, he said, "these are not suicides, these are homicides."
When a CNS reporter suggested that his message had been heard and he could come down, Di Finizio laughed and said: "In your country, maybe that would work, but we're in Italy. Here they will slap me on the back, kick me in the rear and not listen any more."
Then Di Finizio made a request, "Please ask the Pope to send up an electrical cable so that my phone battery doesn't go dead and I can keep talking to (all of) you."
Jesuit Father Federico Lombardi, Vatican spokesman, said Di Finizio obviously was not mentally stable.
Vatican firefighters and police officers remained on the public walkway around the top of St. Peter's dome throughout the night and into Oct. 3 as Di Finizio's protest continued.
Di Finizio had joined a group of tourists going to the top of St. Peter's Basilica at about 5 p.m. Rome time Oct. 2. Security cameras showed him climbing over the 1.5-metre-high fence, tying a rope around himself and lowering himself down to a large decorative overhang above one of the dome's windows. He also managed to unfurl and tie down a large banner to the dome that said "Help!" and called for an end to policies that were "butchering society."
British cardinal says Pope prevented him from joining House of Lords
By Simon Caldwell, Catholic News ServiceMANCHESTER, England - Pope Benedict XVI personally intervened to prevent a British cardinal from occupying political office when he retired from active ministry, the cardinal said.
Cardinal Cormac Murphy-O'Connor, retired archbishop of Westminster, said the British government was considering appointing him as a member of the House of Lords after he reached 75, the retirement age for bishops and cardinals. However, Pope Benedict opposed the idea because he did not wish to set a precedent that might have been copied by bishops in South America and Africa who wished to join the governments of their countries, the cardinal said in an interview published by the London-based Sunday Telegraph.
Under Church law, Canon 285 prohibits clerics from holding political office.
"The idea was quite attractive," Murphy-O'Connor, 80, told the newspaper.
"I consulted the Pope and his chief advisor and they were against it. It's to do with having the freedom to be outside the political system."
Asked if the Pope had personally blocked him from becoming a Lord, the cardinal answered: "Yeah, more or less."
The British Constitution allows Anglican bishops to sit as "lords spiritual" or "spiritual peer" in the House of Lords in a practice that pre-dates the Reformation. It would be normal for the archbishop of Canterbury to join the House of Lords on retirement as leader of the worldwide Anglican Communion.
Murphy-O'Connor said he was tempted to become a spiritual peer, in which he would have been given the title "Lord," after his 2009 retirement from Westminster because he saw the need for Christians to be active in public life.
The cardinal also discussed his views on religion and its role in modern society in the interview.
"Christianity is important in this country," he told the newspaper. "It has to stand up for itself in the face of secularism. We must be brave enough to speak intelligently about what we believe. We must combat aggressive secularism, because it is dangerous."
The cardinal added: "Nobody is obliged to be a Christian, but no one should be obliged to live according to the new secular religion, which says it alone decides what's right."
Vatican investigates conditions of butler's detention
By Cindy Wooden, Catholic News ServiceVATICAN CITY - Paolo Gabriele, the papal butler on trial in the Vatican, told judges that for 20 days he was held in a tiny cell where he could not even fully extend both arms and where Vatican police kept the lights on 24 hours a day.
Gabriele's testimony about the conditions of his detention after his arrest in May came in response to questions posed by his lawyer Oct. 2, the second day of his trial on charges of aggravated theft for allegedly stealing reserved papal correspondence and leaking it to a reporter.
After the testimony, Jesuit Father Federico Lombardi, Vatican spokesman, said the Vatican court had ordered an investigation into the claims.
The Gendarme Corps of Vatican City State, as the Vatican police force is formally known, issued a statement saying that Gabriele was held in a small cell for 20 days while previously scheduled remodeling work was sped up and completed on a larger room for prisoners. The police said the work included improvements "responding to the requirements requested by the Convention Against Torture," a 1984 international agreement, which the Vatican signed.
As for the lights being left on, the police said the decision was made that it was a necessary precaution to ensure that Gabriele did not hurt himself. The statement added, however, that Gabriele was given a sleep mask.
Gabriele's Vatican physician made regular visits, the statement said, adding that Gabriele even told the doctor that he was "resting peacefully" and, in fact, was not as nervous as he had been before his arrest.
Complete meals were delivered to him three times a day, and he ate them in the company of police officers. He was taken outside each day and offered use of the police gym, although he declined that offer. Each day included "moments of relaxation and socialization with personnel from the Gendarme Corps with whom, for obvious reasons," he previously enjoyed a friendship. The officers, like Gabriele, worked together in the Vatican and accompanied the Pope at audiences and on trips.
The police also said Gabriele had "constant contact" with his spiritual advisors; he was escorted to Mass with his family and was able to visit with his family or meet with his lawyers almost any time he wanted.
The police statement said that if the Vatican investigation into the treatment of Gabriele demonstrates that his accusations are unfounded, the police would consider suing him.
Police testify papal butler's apartment crammed with documents
By Carol Glatz and Cindy Wooden, Catholic News ServiceVATICAN CITY - Vatican police officers who searched Paolo Gabriele's apartment testified they found "an infinite amount" of documents and news clippings covering a vast range of topics, including the Masons, the Vatican bank and yoga.
Although they sequestered 82 moving boxes full of materials, once the police inspected all the paper, only a fraction of the material was deemed relevant to the case, officers told a three-judge panel on the third day of the "VatiLeaks" trial.
Vatican judges said they would hear closing arguments Oct. 6; a verdict was possible the same day.
Each of the four police officers testifying Oct. 3 also said they did not wear gloves during the search, saying that was not the usual protocol for conducting a search and seizure of paper.
In the court's brief morning session, the four officers testifying were Stefano De Santis, Silvano Carli, Luca Bassetti and Luca Cintia, vice commissioner of the Vatican police force.
The four men were among the officers who conducted the search of Gabriele's Vatican apartment May 23 and arrested Gabriele that evening. The officers were among eight witnesses all called by the defense to testify in the trial of the former papal assistant, who has been charged with aggravated theft for allegedly stealing and leaking papal correspondence and other sensitive documents.
Gabriele was present in the courtroom during their testimony.
Each officer took the stand while his colleagues waited outside. Each of the officers was asked to describe how the search was conducted, which officers searched which rooms of Gabriele's Vatican apartment and what was found where.
The search started just before 4 p.m. and ended close to midnight. De Santis said he suggested to Gabriele that it would be better for his wife and children, who were home at the time, to leave for awhile because the potentially disturbing event "would be engraved in their memories."
Gabriele declined, and he, his wife and three children stayed in the apartment during the search.Two of the officers were called only later to help with the search. Even while other officers continued to go through Gabriele's home office, the two were asked to check the children's rooms for potential material and to do it quickly so the children could go to bed.
De Santis said the officers also told Gabriele he should phone a lawyer, and he immediately called Carlo Fusco, his childhood friend. Fusco left the defense team in August, saying he and Gabriele had irreconcilable differences of opinion about defense strategy.
The officers said that during the search Gabriele said, "See how much I like to read and study?" But he also apologized that the amount of material in his house "will keep you at work late," and he offered them coffee and water.
Gabriele was taken into police custody around 8 p.m.
In his testimony, De Santis said he realized the seriousness of the alleged crime when they discovered materials matching those leaked to an Italian journalist, who had published them in a book.
"At that point we decided to take away everything" that looked remotely related, and they alerted the head of the Vatican police corps, Domenico Giani.
Highly sensitive materials, including encrypted cables from Vatican nuncios, were "well-hidden" among piles of paper stuffed in cabinets, shelves and ceiling-high closets, he and the other police witnesses said.
Gabriele allegedly leaked a large number of sensitive documents to an Italian journalist who published them in a book early May. De Santis testified that the publication of even one of the coded and deciphered cables could have compromised the Vatican encryption system.
Only a small fraction --"more than 1,000 pages" -- of the materials was determined to be relevant to the case, Carli testified. Some of that material involved information about the private life of the papal household, letters from cardinals to the pope and written replies from the pope. Some documents with the pope's signature were marked in German, "Destroy," two of the officers testified.
The majority of the documents were pages printed off the Internet and news clippings covering a vast array of topics. Gabriele's lawyer, Cristiana Arru, questioned each officer about how much material was found in the apartment and where it had been discovered. In addition to the 82 boxes -- each measuring about 15 inches by 23 inches -- police carried away two black leather suitcases and two "big yellow bags" filled with materials.
Arru told reporters after the hearing that she wanted to show that it was physically impossible for that amount of material to have been in Gabriele's home.
Arru was rebuffed by the main judge, Giuseppe Dalla Torre, when she continued to ask the police whether they were present at the search of Gabriele's quarters at the papal summer residence in Castel Gandolfo. Dalla Torre said repeatedly that the results of the Castel Gandolfo search were not relevant to the case because a Vatican tribunal's jurisdiction only covers crimes committed in Vatican City State.
Police also confiscated one desktop computer, two or three laptops, "many" USB memory pen drives, one iPod, two hard disks and a PlayStation from Gabriele's Vatican apartment, police said. De Santis said police still have not finished examining all of the information on the computers.
Papal butler feels guilt for betraying Pope
By Cindy Wooden and Carol Glatz, Catholic News ServiceVATICAN CITY - Paolo Gabriele, the papal butler charged with stealing and leaking papal correspondence, said he was innocent of charges of aggravated theft, but "I feel guilty for having betrayed the trust the Holy Father placed in me."
"I loved him like a son," Gabriele said of the Pope during the second day of his trial.
The morning session of the trial Oct. 2 also featured brief testimony by Cristina Cernetti, one of the consecrated laywomen who work in the papal apartment; and longer testimony by Msgr. Georg Ganswein, Pope Benedict XVI's personal secretary.
Ganswein, who described himself as "extremely precise," said he never noticed any documents missing, but when he examined what Vatican police had confiscated from Gabriele's Vatican apartment, he discovered both photocopies and originals of documents going back to 2006, when Gabriele began working in the papal apartment.
Taking the stand first, Gabriele said widespread concern about what was happening in the Vatican led him to collect photocopies of private papal correspondence and, eventually, to leak it to a journalist.
"I was looking for a person with whom I could vent about a situation that had become insupportable for many in the Vatican," he testified.
Gabriele told the court that no one encouraged him to steal and leak the documents.
Although he said he acted on his own initiative, Gabriele told the court he did so after "sharing confidences" about the "general atmosphere" in the Vatican with four people in particular: retired Cardinal Paolo Sardi, a former official in the Vatican Secretariat of State; Cardinal Angelo Comastri, archpriest of St. Peter's Basilica; Ingrid Stampa, a longtime assistant to Pope Benedict XVI, going back to his time as Cardinal Joseph Ratzinger; and Bishop Francesco Cavina of Carpi, who worked in the secretariat of state until 2011.
Gabriele said that although he had set aside some documents previously, he began collecting them seriously in 2010 after Archbishop Carlo Maria Vigano, then secretary-general of Vatican City State, was reported to have run into resistance in his attempt to bring spending under control and bring transparency to the process of granting work contracts to outside companies. The archbishop is now nuncio, or ambassador, to the United States.
Asked to describe his role in the papal household, Gabriele said he served Pope Benedict his meals, informed the Vatican Secretariat of State of the gifts given to the Pope, packed the Pope's suitcases and accompanied him on trips, and did other "small tasks" assigned to him by Ganswein.
"I was the layman closest to the Holy Father, there to respond to his immediate needs," Gabriele said.
Being so close to the Pope, Gabriele said he became aware of how "easy it is to manipulate the one who holds decision-making power in his hands."
Gabriele had told investigators that he had acted out of concern for the Pope, who he believed was not being fully informed about the corruption and careerism in the Vatican. Under questioning by his lawyer, he said he never showed any of the documents to the Pope, but tried — conversationally — to bring some concerns to the Pope's attention.
The Vatican prosecutor objected to any further questioning about Gabriele's motives, saying they "don't matter, we must discuss the facts." The judges agreed and ordered the defendant's lawyer to move on.
Gabriele's lawyer also asked him several questions about the 60 days he spent in Vatican detention, including whether or not it was true that he first was held in a tiny room and that, for the first 15-20 days, the Vatican police left the lights on 24 hours a day. Gabriele said both were true.
Jesuit Father Federico Lombardi, Vatican spokesman, later told reporters that Judge Nicola Picardi, the Vatican prosecutor, had opened an investigation into the conditions under which Gabriele was detained.
Vatican investigators had said they found in Gabriele's Vatican apartment three items given to Pope Benedict as gifts: a cheque for 100,000 euros ($123,000 U.S.); a nugget — presumably of gold — from the director of a gold mining company in Peru; and a 16th-century edition of a translation of the Aeneid. Gabriele denied the nugget was ever in his apartment, and he said he had no idea how the cheque got there. As for the book, he said it was normal for him to take home books given to the Pope to show his children.
"I didn't know its value," and, in fact, he carried it around in a plastic bag, he said.
Ganswein testified that he only began suspecting Gabriele in mid-May after a journalist published documents Ganswein knew had never left the office he shared with Gabriele.
When Ganswein entered the courtroom and when he left again, Gabriele stood. He did not do so for the other witnesses.
The trial formally opened Sept. 29 and Vatican judges decided to separate Gabriele's trial on charges of aggravated theft from the trial of Claudio Sciarpelletti, a computer expert in the Vatican Secretariat of State, charged with aiding and abetting Gabriele.
Gabriele was arrested in May after Vatican police found papal correspondence and other items in his Vatican apartment; many of the documents dealt with allegations of corruption, abuse of power and a lack of financial transparency at the Vatican.
The papal valet — who is 46, married and has three children — faces up to four years of jail time, which he would serve in an Italian prison.
Pope calls for greater protection of civilians, peace in east Congo
By Catholic News ServiceCASTEL GANDOLFO, Italy (CNS) -- Amid increasing violence in eastern Congo, Pope Benedict XVI called for peaceful dialogue and greater protection of civilians there.
After praying the Angelus with pilgrims gathered in the courtyard of the papal summer residence Sept. 30, the pope said he was following, "with love and concern," the events unfolding in Congo.
Government soldiers have been stationed in Goma in the eastern part of the country for several months to fight the rebel group called "M23," which defected from the Congolese military.
Clashes, which intensified in the spring, have led more than 300,000 people to flee their homes, according to Vatican Radio.
The United Nations has said Rwandan defense officials are backing the rebel group, which has been accused of rape and the murder of civilians in its effort to control Congo's mineral-rich North Kivu province. Rwandan officials have denied allegations of assisting the rebels.
The pope said his prayers were with the "refugees, women and children, who because of prolonged armed clashes are subjected to suffering, violence and deep distress."
The pope called for the "peaceful means of dialogue and the protection of many innocent people" so that peace -- founded on justice -- may quickly return to the nation and the whole region.
Judges order separate trials for papal butler, computer expert
By Carol Glatz and Cindy Wooden, Catholic News ServiceVATICAN CITY - A Vatican tribunal determined the two suspects indicted for their parts in the VatiLeaks' scandal should be tried separately.
During the opening session of the trial Sept. 29, the judges said the trial against Paolo Gabriele, the papal assistant charged with aggravated theft, would continue Oct. 2. A separate trial for Claudio Sciarpelletti on charges of aiding and abetting Gabriele will be scheduled at a later date, they said.
Giuseppe Dalla Torre, the presiding judge, said four more sessions "should be sufficient" for completing Gabriele's trial.
Gabriele, a 46-year-old married father of three, will be the first person to be questioned Oct. 2. No members of Gabriele's family were present for the trial's opening. Although under Vatican law a defendant is not obliged to appear in person, Gabriele was present in the courtroom Sept. 29.
Sciarpelletti, a computer technician in the Vatican Secretariat of State, was represented by his lawyer, who said his client fell ill unexpectedly because he felt too nervous.
The trial's first session, in a small Vatican courtroom just to the southwest of the apse of St. Peter's Basilica, lasted two and a half hours, which included an 80-minute break during which the judges went behind closed doors to consider the motions and objections made by the defense lawyers as the trial opened. They decided:
— The court would exclude evidence from two interviews Domenico Giani, head of the Vatican police force, conducted with Gabriele while in custody because they were done without the presence of his lawyers.
— The court would exclude information gathered during a conversation between Giani and Msgr. Georg Ganswein, the Pope's secretary, concerning how Gabriele allegedly obtained a check for 100,000 euro (almost $123,000 U.S.) and a nugget of what's presumed to be gold, which were reportedly found in Gabriele's possession.
Meanwhile, the judges rejected other motions entered by the defense, including:
— A request for a ruling that a security camera installed on the landing outside Gabriele's Vatican apartment lacked the proper authorization from Vatican judges.
— A request to enter into evidence transcripts of interviews conducted by a papally appointed commission of cardinals to investigate how information is handled and released by various Vatican offices. The judges determined the cardinal's work was a matter concerning the Catholic Church and not Vatican City State.
— An argument that the judges were not competent to hear a case which could involve matters falling under the so-called "pontifical secret" because, the judges said, the contents of the stolen documents were not the object of the investigation.
— A motion to overturn the indictment on the basis that it was too "generic."
— A request for the floor plan of Ganswein's office. The judges cited security concerns in denying the request.
The judges also said they would rule on other motions at a later date, including:
— Whether to accept evidence gathered from the apartment Gabriele used when he was with the Pope at Castel Gandolfo. The defense said the material was gathered without informing the defendant or his lawyers.
— Whether or not to test the presumed gold nugget for fingerprints.
At the beginning of the trial, the presiding judge called the names of the 13 people asked to testify either by the court or by the defense teams. Eight witnesses will be called to testify in Gabriele's trial and five are set to be called for Sciarpelletti's case. The Gabriele witness list includes six Vatican police officers, as well as Ganswein and Cristina Cernetti, one of the consecrated laywomen who work in the papal household. Neither of them was present in the courtroom.
The Sciarpelletti witness list includes: Gabriele; Giani; Maj. William Kloter, vice commander of the Swiss Guard; and Msgr. Carlo Maria Polvani, head of the information and communications section of the Vatican Secretariat of State.
With about 30 people — including the judges and lawyers — present, the small Vatican courtroom was full. There was no jury because a Vatican trial is decided by a three-judge panel.
The Vatican television centre and Vatican newspaper photographer provided media with images from the opening minutes of the trial, which was not broadcast.
Although Vatican trials do not begin with defendants entering a plea of "guilty" or "not guilty," before the judges ruled to separate the two trials Sciarpelletti's defense lawyer said his client has declared himself innocent. The lawyer, Gianluca Benedetti, pointed out that, in fact, Sciarpelletti told investigators the envelope found in his desk came from Gabriele, which pointed the investigation in that direction. In addition, he said, the information in the envelope was not confidential and had already been made public.
In the indictment, Vatican investigators said Sciarpelletti changed his story during interrogation, claiming at one point that a monsignor gave him the envelope to give to Gabriele. Sciarpelletti, 48, faces a maximum of one year in prison.
When Benedetti told the court his client and Gabriele weren't close friends, but just acquaintances, Gabriele nodded his head.
Gabriele was arrested in May after Vatican police found papal correspondence and other items in his Vatican apartment; he faces up to four years in prison. Most of the documents dealt with allegations of corruption, abuse of power and a lack of financial transparency at the Vatican.
Giani told the court the papers collected from Gabriele's apartment filled 82 boxes. Jesuit Father Federico Lombardi, Vatican spokesman, told reporters the boxes were different sizes and that most of the material in them was not pertinent to the case.
Gabriele, who did not make any declaration regarding his guilt or innocence during the opening session, had admitted to Vatican investigators that he took the material and leaked it to a journalist; he claimed he did so for the good of the Church and of the Pope. His previous lawyer told reporters he had sent a personal letter to Pope Benedict in July, seeking forgiveness.
Under Vatican City law, a confession is not absolute proof of guilty. The trial is designed to verify the information gathered during the investigation, including the interrogation of Gabriele.