Anglican Watch files Title IV clergy disciplinary complaint against the Rev. Canon Carl Turner, rector of St. Thomas Fifth Avenue

Yesterday, Anglican Watch filed a Title IV clergy disciplinary complaint against the Rev. Canon Carl Turner, rector of St. Thomas, Fifth Avenue. We did so on behalf of a male victim of sexual assault at the church, whom we referred to by the pseudonym “Michael” in order to protect his privacy and to avoid causing additional trauma. This morning, we filed an updated complaint to address four minor errata in the original. (One of the bad things about being volunteers is that folks here sometimes stay up way too late working on things of this sort!)

The complaint centers on claims that Turner (“respondent”), acting directly or through others, attempted in violation of the Title IV church disciplinary canons to interfere with the ongoing criminal and Title IV investigations into the matter, which address two alleged sexual assaults against the victim, by publishing various false and defamatory per se statements about the victim in the St. Thomas church newsletter. Specific allegations we believe to be false include claims that the victim:

1. Threatened one or more persons connected with St. Thomas.
2. Harassed one or more persons with St. Thomas.
3. Made false accusations, apparently about being sexually assaulted.
4. Damaged church property.
5. Had been arrested due to his conduct at St. Thomas.

Here is a screen cap:

Our investigation, which included multiple in-person interviews, a background check on the victim, contacts with the district attorney and the NYPD, all provided zero evidence to support Turner’s claims. Moreover, we went the direct route, which was to ask the St. Thomas wardens for the information on the alleged arrest, and the names of folks at the DA’s and the police department handling these matters.

Pretty simple request, right?

After all, if Turner is okay putting those claims out there, a case number, along with a couple of contacts, would shut the matter down in record time. Indeed, we would happily publish a retraction were Turner in possession of supporting evidence. And these are items of public record, and all the more so because Turner chose to publish them in the St. Thomas newsletter. (While he did not expressly name the victim, almost everyone at the parish knows the identity of target of Turner’s smear campaign.)

But, in true Episcopal fashion, our request was met with silence.

Meanwhile, two St. Thomas’ employees are facing criminal charges, even as the Diocese of New York sits on its hands in splendidly stupid silence. We need to be clear: The new Title IV protocols are intended to facilitate transparency, healing, and resolution, but so far, the Diocese of New York has bollixed all of these goals.

And while one of the employees in question has been fired, we’re still left wondering: Why is the church allowing clergy with criminal sexual assault charges anywhere near the place? Especially at a church with a choir school — and a documented history of child sexual abuse.

We also want to be crystal clear: Intentionally interfering with a criminal investigation is, itself, the crime of obstruction of justice. And while New York does not have a standalone obstruction of justice statute, such crimes typically are prosecuted under the Obstructing Governmental Administration in the Second Degree statute (NY Penal Law § 195.05), which provides for up to a year in prison.

Additionally, the victim almost certainly has a case for defamation, defamation per se (which doesn’t require proof of actual damages). Further, while the state does not recognize civil conspiracy as a standalone tort, it does recognize it when various persons band together to engage in a primary, actionable tort. Sexual assault and battery almost certainly is one such primary tort.

We’re posting our amended complaint below, which was edited to address four minor errata. We raised the issue of retaliation, expressly forbidden under the Title IV canons, separately.

An important point: Turner’s apparent efforts to engage in obstruction of justice warrant his immediate suspension as rector, and we specifically ask the Diocese of New York in our complaint to do just that. Moreover, we have grave concerns about the suitability for ministry of anyone who engages in such alleged behavior, including whether Turner may have one or more personality disorders that should disqualify him from ministry.

Even if, arguendo, someone else, perhaps one of the two employees arrested for sexual assault, provided the fabricated information to Turner, anyone with half the sense God gave a goat knows you don’t publish content of this sort about a parishioner. Indeed, even were the facts alleged true, anyone with a even a tiny amount of common sense would run the matter past the bishop, the canon to the ordinary, the chancellor, and ideally outside counsel.

(Attorneys within the church, in our experience, often lack sufficient objectivity to make rational decisions on behalf of the church. Even worse, they invariably don’t have the backbone required to apologize when the screw things up on behalf of the church. So much for transparency and accountability.)

Further, as is often the case when Anglican Watch covers a case, we’ve developed a friendly relationship with the parishioner affected by misconduct. We like “Michael” tremendously, and have zero doubt as to his personal and professional integrity. Thus, we are shocked and appalled that, even in a denomination with a flawed theology of forgiveness, this situation has been allowed to unfold as it has. Indeed, if the episcopacy cannot address issues such as this — and promptly, with integrity — why bother?

Finally, we remind all involved that Title IV expressly applies only to clergy. Thus, the confidentiality provisions in Title IV only apply to clergy, and we reserve the right to publish information about misconduct at St. Thomas’ and the Diocese of New York in our sole and absolute discretion.

In the meantime, our advice to the Diocese is to act fast, and do right. The longer you muck around with this, the worse the outcome will be for all involved. And as things stand, there’s already substantial irreparable harm due to the Diocese’s appalling handling of this case.