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Thursday, May 23, 2013 | 1:29 p.m.

Posted: 9:19 p.m. Friday, Jan. 25, 2013

DA: Might be too late to prosecute friar

By Maria Miller

JOHNSTOWN, Pa. —


It's a story 6 News has been closely following since it broke last week: a Franciscan brother accused of sexually abusing former Bishop McCort students while he worked there in the '90s.

On Friday 6 News reporter Maria Miller sat down with Cambria County District Attorney Kelly Callihan to see where the case could go if it falls into her hands.

Callihan didn't say whether or not any alleged victims of brother Stephen Baker have yet reached out to her office, but she said she has started looking into the case and already admits it might be too late for criminal charges.

"What I am doing at this point is gathering information," she said. "I have been working with some local law firms and trying to channel people to the right place, which is the police department."

But when it comes to prosecuting, she said it could be difficult.

"The statute of limitations for child sexual offenses has evolved over time and it really is quite confusing how it works," she said.

Callihan said from 2007 until now, her office is able to prosecute any offense against a minor until they turn 50.
But from 2002 until 2007, she said she's only able to prosecute a felony until the alleged victim turns 30, and a misdemeanor until they turn 20. And when you go back even further, before 2002, Callihan said she's stuck with the original statute.

"...Which was five years beyond your 18th birthday," she explained. "So for any conduct before 2002, any minor, once they reached age 23, would be barred from us doing something criminally in those situations."

So far the allegations against Baker happened before 2002, so she said her hands could be tied.

"It really depends on three things: how old they were when the conduct happened, how long has passed since and what the conduct is, whether it's misdemeanor or felony conduct," she said.

But she still urges any alleged victims to come forward, just in case.

"Talk to law enforcement and talk to the police so that we can determine whether or not we can or cannot do anything," she said.

In the meantime, 6 News has learned a Greensburg attorney has already filed notice in Cambria County court that she will soon be filing civil lawsuits on behalf of three alleged victims from Bishop McCort. Altoona attorney Richard Serbin has also been contacted by 12 others himself.

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