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American Morning

Bishop on Trial

Aired January 12, 2004 - 07:44   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


BILL HEMMER, CNN ANCHOR: The jury selection process starts today in the case of former Phoenix Bishop Thomas O'Brien. He is already caught up in the scandal that's caused an upheaval in the Roman Catholic Church, but that is not why he resigned.
Frank Buckley live in Phoenix Arizona with more this morning there.

Frank -- good morning.

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT: Good morning, Bill.

Bishop Thomas O'Brien had avoided prosecution on obstruction charges in the priest abuse scandal. And just a couple of weeks after an immunity deal was announced on that last June, he was charged with another crime -- that is, leaving the scene of a fatal accident.

(BEGIN VIDEOTAPE)

BUCKLEY (voice-over): This is what Bishop Thomas O'Brien's car looked like when investigators found it. It was two days after 43- year-old Jim Reed was hit by a car and killed while crossing this street.

UNIDENTIFIED MALE: You are Thomas J. O'Brien?

BISHOP THOMAS O'BRIEN, ACCUSED OF LEAVING SCENE OF FATAL ACCIDENT: Yes, sir.

BUCKLEY: Bishop O'Brien was arrested and charged with felony hit and run.

UNIDENTIFIED MALE: Bishop, what do you have to say to the parishioners of Phoenix?

BUCKLEY: O'Brien was already under fire over allegations he protected priests accused of molesting children. Two weeks before the hit and run, O'Brien entered into an unprecedented agreement with County Attorney Rick Romley that gave local authorities oversight over sexual abuse allegations within the Phoenix diocese.

RICK ROMLEY, COUNTY ATTORNEY, MARICOPA COUNTY, ARIZONA: I do believe that there was sufficient legally admissible evidence to indict Bishop Thomas j. O'Brien with obstruction of justice.

BUCKLEY: The agreement spared O'Brien from prosecution on that charge, but not from the hit-and-run. UNIDENTIFIED MALE: I would not have brought charges if I did not believe that there was a reasonable likelihood that I could sustain this charge before a jury.

BUCKLEY: O'Brien pled not guilty to the charge. He was released on a $45,000 bond. And after 21 years as a bishop, he resigned.

But last month, when his successor was installed, O'Brien stood with other bishops and was acknowledged for his contributions to the church.

UNIDENTIFIED MALE: So, despite the difficulties, the Diocese of Phoenix owes you a great debt of gratitude, Bishop O'Brien.

(END VIDEOTAPE)

BUCKLEY: So, jury selection in this trial gets under way this morning. Opening statements in the trial are not expected until sometime next week.

If convicted, Bishop O'Brien faces a range, in terms of sentencing, anywhere from probation with no jail time at all to nearly four years in state prison -- Bill.

HEMMER: Frank, when we move to the trial stage, is it expected he'll take the stand or not?

BUCKLEY: It's possible that he'll take the stand. According to his attorney, he is going to concede at this point that he did hit Jim Reed, the victim in this case. But what is at issue in Arizona in a fatal hit-and-run accident is: What was his state of mind? Did he, in fact, know that he hit a person?

And so far in his statements to police, and according to his attorney, Bishop O'Brien thought he hit a dog or cat or that a rock was thrown into his windshield. If that is the case and they can prove that, then, in fact, his state of mind is that he didn't think he hit a person. So, that's what prosecutors will have to prove.

HEMMER: Thank you, Frank -- Frank Buckley there live in Phoenix this morning.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.






Aired January 12, 2004 - 07:44   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: The jury selection process starts today in the case of former Phoenix Bishop Thomas O'Brien. He is already caught up in the scandal that's caused an upheaval in the Roman Catholic Church, but that is not why he resigned.
Frank Buckley live in Phoenix Arizona with more this morning there.

Frank -- good morning.

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT: Good morning, Bill.

Bishop Thomas O'Brien had avoided prosecution on obstruction charges in the priest abuse scandal. And just a couple of weeks after an immunity deal was announced on that last June, he was charged with another crime -- that is, leaving the scene of a fatal accident.

(BEGIN VIDEOTAPE)

BUCKLEY (voice-over): This is what Bishop Thomas O'Brien's car looked like when investigators found it. It was two days after 43- year-old Jim Reed was hit by a car and killed while crossing this street.

UNIDENTIFIED MALE: You are Thomas J. O'Brien?

BISHOP THOMAS O'BRIEN, ACCUSED OF LEAVING SCENE OF FATAL ACCIDENT: Yes, sir.

BUCKLEY: Bishop O'Brien was arrested and charged with felony hit and run.

UNIDENTIFIED MALE: Bishop, what do you have to say to the parishioners of Phoenix?

BUCKLEY: O'Brien was already under fire over allegations he protected priests accused of molesting children. Two weeks before the hit and run, O'Brien entered into an unprecedented agreement with County Attorney Rick Romley that gave local authorities oversight over sexual abuse allegations within the Phoenix diocese.

RICK ROMLEY, COUNTY ATTORNEY, MARICOPA COUNTY, ARIZONA: I do believe that there was sufficient legally admissible evidence to indict Bishop Thomas j. O'Brien with obstruction of justice.

BUCKLEY: The agreement spared O'Brien from prosecution on that charge, but not from the hit-and-run. UNIDENTIFIED MALE: I would not have brought charges if I did not believe that there was a reasonable likelihood that I could sustain this charge before a jury.

BUCKLEY: O'Brien pled not guilty to the charge. He was released on a $45,000 bond. And after 21 years as a bishop, he resigned.

But last month, when his successor was installed, O'Brien stood with other bishops and was acknowledged for his contributions to the church.

UNIDENTIFIED MALE: So, despite the difficulties, the Diocese of Phoenix owes you a great debt of gratitude, Bishop O'Brien.

(END VIDEOTAPE)

BUCKLEY: So, jury selection in this trial gets under way this morning. Opening statements in the trial are not expected until sometime next week.

If convicted, Bishop O'Brien faces a range, in terms of sentencing, anywhere from probation with no jail time at all to nearly four years in state prison -- Bill.

HEMMER: Frank, when we move to the trial stage, is it expected he'll take the stand or not?

BUCKLEY: It's possible that he'll take the stand. According to his attorney, he is going to concede at this point that he did hit Jim Reed, the victim in this case. But what is at issue in Arizona in a fatal hit-and-run accident is: What was his state of mind? Did he, in fact, know that he hit a person?

And so far in his statements to police, and according to his attorney, Bishop O'Brien thought he hit a dog or cat or that a rock was thrown into his windshield. If that is the case and they can prove that, then, in fact, his state of mind is that he didn't think he hit a person. So, that's what prosecutors will have to prove.

HEMMER: Thank you, Frank -- Frank Buckley there live in Phoenix this morning.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.