Judge Dismissed Sexual Abuse Case Against Former Priest in Iowa after Statute of Limitation Expired
Dubuque County, IA: An ex-Dubuque priest accused of child sexual abuse has had the case against him dismissed.
The case against the Rev. Leo P. Riley, 68, of Port Charlotte, Fla., was dismissed on Monday by Dubuque County Attorney Scott Nelson due to the expiration of the statute of limitations. Riley is facing charges of second-degree sexual abuse, which are related to his time at a Dubuque parish in the 1980s.
Riley refuted the allegations and entered a plea of not guilty before the case was ultimately dismissed.
“We are barred from proceeding. It’s not that we don’t have a case,” Nelson said. “We believe we have a strong case with good, solid evidence and good, solid witnesses.”
Riley’s lawyer, Guy Cook, stated in an email to the Telegraph Herald that there is no evidence supporting Riley’s involvement in the crimes. Cook also emphasized Riley’s denial of the allegations.
“Moreover, Father Riley has successfully passed two separate polygraph examinations, conducted by two different former FBI special agents who are experts in polygraphs, supporting his denial of any wrongdoing,” Cook said in the email.
According to court documents, four individuals came forward to report instances of sexual abuse by Riley during his time as an associate pastor at the Church of the Resurrection between 1985 and 1986. According to documents, all four individuals were young altar boys at Resurrection Parish when the alleged abuse occurred.
Riley became a priest of the Dubuque Archdiocese in 1982 and served in the city of Dubuque from 1983 to 1986 before transitioning to other parishes within the archdiocese. In 2002, he made a request to be transferred to the Diocese of Venice, Fla., and eventually became a priest there in 2005.
Nelson mentioned that the current Iowa law regarding criminal charges for alleged sexual abuse of minors has undergone multiple changes over the years, despite not having a statute of limitations. When a new law is enacted, it only impacts crimes committed after its implementation and cannot be retroactively applied.
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Nelson mentioned that Riley’s lawyers referred to an Iowa law from 1986 regarding criminal charges for sexual abuse of minors. According to this law, the statute of limitations was set at three years.
Nelson stated that prosecutors initially believed a more recent version of the law was relevant. The proposed version would have enabled the case to progress by halting the countdown of the statute of limitations if the accused individual departed from the state where the crime took place. According to Nelson, the statute of limitations would have been paused until Riley returned to Iowa, due to his move to Florida.
However, the version of the law in question was not in effect at the time of the alleged crimes, thus making the 1986 three-year limit the relevant law.
Nelson expressed confidence that prosecutors could have obtained a conviction if the case had gone to trial, but unfortunately, legal restrictions prevent further progress.
“We are not pleased with the outcome, but we have to accept it,” Nelson expressed. “It would have been beneficial if the legislature had taken this action 40 years ago.” However, that’s just how the law works. It has evolved over time. It has gone through multiple changes in this situation.
