Saratoga News
News
DA decides not to file charges against priest at Sacred Heart
Case was caught up in a media firestorm
By Jason Sweeney
The arrest of a Saratoga priest on charges of felony rape on March 30 ignited a media firestorm. The priest, the Rev. Randy Benas from Sacred Heart Parish, has been living with family in San Jose after posting $200,000 bail.
On April 25, Santa Clara County prosecutors announced no charges would be filed against Benas. "We don't feel that there was sufficient evidence to prove beyond a reasonable doubt that a forcible rape occurred," said Victoria Brown, head of the sexual assault division of the Santa Clara County District Attorney's Office. Brown said she could not comment further on the case.
Sunnyvale police were contacted the night of March 28 when a 29-year-old Oregon woman ended up in the sexual assault unit at Valley Medical Center. Benas had met the woman that night in a motel room he had rented at a Motel 6 on Mathilda Avenue, Lt. Marty Dale said. Dale said the woman left the room after Benas had fallen asleep.
Investigators later recorded three telephone calls from the woman to Benas, which led them to interview Benas at Sacred Heart Parish. Benas was arrested immediately after the interview.
When police announced the arrest at a press conference, intense media coverage followed.
"If you don't provide the information to the media and it leaks out, then you are held accountable for not providing the information to the public," Dale said. "In high profile cases like this, you provide information about the arrest."
Although no charges were filed against Benas, Dale said the department stands by its arrest and is proud of the efforts made by its investigators. "The case ran full circle. It was investigated, an arrest was made and it was forwarded to the district attorney's office. We can't get involved with trying the case. We can only make the arrest. Obviously, we were confident and remain confident that the evidence we had made for a valid arrest."
"Our first reaction to the arrest was surprise," said Elizabeth Lilly, minister of parish life at Sacred Heart. "Now the reaction is relief that there were no criminal charges. But the question now is if there was not evidence to bring criminal charges, was the coverage of the arrest overdone?
"The reaction here to news coverage was that three or four days of it was a little too much. With the lack of evidence to bring charges, it now seems doubly too much."
Benas remains on administrative leave while the Diocese of San Jose conducts an internal investigation. Lilly said the investigation would be conducted by an independent investigator who would report findings to an independent review board. The board would then make a recommendation to the bishop of the diocese, Patrick J. McGrath. McGrath would determine where to go from there, Lilly said.
"I believe the bishop will make a prudent judgment based on the results of the investigation," Lilly said.
In 2004, a priest at Sacred Heart Parish, the Rev. Al Larkin, went on administrative leave following a civil suit filed with the Archdiocese of San Francisco concerning allegations of child molestation. Sacred Heart Parish was part of the Archdiocese of San Francisco at the time the molestation is alleged to have taken place. A settlement was agreed to in that case, but Larkin is now under investigation by the Diocese of San Jose over the allegations.
The San Jose diocese vicar general, Monsignor Francis Cilia, said potential priests are screened, trained and evaluated before being ordained. "When a priest is ordained, he makes promises that are not meant to be broken. I'm not saying Father Benas is guilty or not. In the end, they make this promise and with God's grace we hope they can keep it."
Cilia said the church has strict policies when wrongdoing is alleged. "Whether or not there is a crime involved, we still have an investigation. If it's not illegal, it might still be sinful or immoral. Even if it was consensual, for a priest who vows celibacy, any sex is wrong.
"I do believe priests are called to a higher standard. But you don't arrest a priest for something you wouldn't arrest somebody else for. [Benas'] picture was on the front page of the paper and all over the news. With that kind of notoriety, you wouldn't expect them not to press charges.
"We don't want to be treated worse or better than everyone else--just equally. We don't want special privilege, but we don't think that we should be targeted either."
Lilly, who has worked for churches in Santa Clara County for 25 years, seven of them at Sacred Heart, will be leaving the church at the end of the summer. She said her departure is unrelated to recent events and she will assist her replacement, the Rev. Gary Thomas, during the transition. Thomas will take over her duties and those of Benas on May 1.
Thomas was formerly a pastor at St. Nicholas Church in Los Altos. He was nearing completion of a year sabbatical in Rome when he returned early to take over at Sacred Heart.
"Father Gary Thomas is eager to begin his ministry at Sacred Heart Parish," Cilia said. "He is a good pastor, a tested pastor, with many years under his belt. He's one of the best we have."
