The Archbishop of San Francisco responded to the resolution of the desecration case of a statue of St. Junipero Serra, where the vandals were charged with a misdemeanor.
In an article published in Marin Voice, Archbishop Salvatore J. Cordileone explained that the perpetrators were charged with a misdemeanor because, according to the District Attorney, the perpetrators participated in restorative justice.
“Restorative justice seeks to bring about reconciliation between offender and victim after a criminal conviction,” said the Archbishop. “It holds out the potential for much healing when conducted honestly and faithfully, but can bring even greater hurt to victims when not.”
After the October 2020 attack on the statue, Archbishop Cordileone said, “Because I did not want to see the offenders go to prison and preferred to avoid a trial, when they asked for restorative justice, I suggested that we do it before a trial in the hope of reaching a just resolution in that way.”
The Archbishop explained to the local District Attorney’s office that he represented the victims, “since the victims of this crime are not only the parishioners of St. Raphael parish but all Catholics in the San Francisco Archdiocese and beyond.” He told them to direct all communications about the case to his office.
“Unfortunately, the mediator appeared to me to be displaying clear bias in favor of the offenders, even seeing them more as the victims,” Archbishop Cordileone continued. “It was obvious that my involvement was perceived as a problem in achieving restorative justice. I felt shut out of the process.”
The Archbishop decided to withdraw from the restorative justice process until after the trial, as he “could not trust that it would be an honest process.”
Because he withdrew, he was “shocked and appalled” when he heard the DA office charged the vandals with a misdemeanor instead of a possible felony or hate crime. The DA said the vandals had participated in restorative justice, “without the consent of the victims of the crime,” the Archbishop clarified.
“Apparently, a small group of parishioners of St. Raphael parish posed as representatives of the victims, in direct violation of what I had made clear to the DA. There was no honest restorative justice process,” said Archbishop Cordileone. He said that he believed the DA office was aware there was no honest process.
The Archbishop said that he learned indirectly that the perpetrators sent an apology letter to the court, but none to his office on behalf of San Francisco Catholics. “The apology remains unknown. To have any meaning at all, it must be a very public act. Once again, the victims are shut out.”
The Archbishop continued, “The even bigger problem, though, is that they are going after the wrong man.” He pointed out that St. Junipero Serra made heroic sacrifices to protect indigenous people from abuses from Spanish soldiers. Indians and Spaniards both mourned his death, the Archbishop said.
Moreover, the Spaniards never committed genocide against the natives. This occurred after California joined the Union, as it was perpetrated by Americans.
The Archbishop concluded,
This is not how restorative justice is supposed to work; indeed, it is the direct opposite of it. The promise of our country, pronounced every time we recite the pledge of allegiance, is a land of “liberty and justice for all.” Apparently, that means for all, except Catholics.