BUFFALO, NY - The Erie County DA has made a decision not to proceed with any charges against a priest who was investigated for alleged sexual abuse involving a child.
District Attorney John Flynn explained his reasoning for reporters Wednesday afternoon, saying he would not identify the priest in this case or the girl and her family who brought the case forward to his office.
But he did tell 2 On Your Side why he is not going forward.
Flynn says the alleged incident involving touching of a girl by who he termed a retired elderly priest who may still have celebrated mass. It actually occurred back in January, so it was well within the statute of limitations which has ruled out some cases dating back for decades.
In this instance Flynn described the priest's conduct as "creepy," but said the evidence available just did not rise to the level of behavior which could qualify under state law for actual charges, even for the lesser charge of harassment.
"The alleged conduct did not rise to a level of criminal conduct. So at this time we have nothing more to go on in that case. If other evidence develops then obviously we'll look into that. At this time right now, it doesn't appear that the alleged incident here rises to a level of criminal conduct," says Flynn.
Flynn says he will be reporting this situation to the Buffalo Catholic Diocese so they can take any appropriate action they may feel is necessary. He also says they had no prior knowledge of this alleged incident.
Flynn says at this time he does not have any other cases involving priests under investigation and in this case he says the child's family did accept and understand his decision not to go forward with charges.