Steve Jalsevac

Father Guarnizo and the nitty gritty of Canon Law and refusing Holy Communion

Steve Jalsevac
Steve Jalsevac

March 28, 2012 (LifeSiteNews.com) –  In light of the recent news about the Archdiocese of Washington apologizing to an open lesbian for Communion being denied her at a funeral, a U.S. priest canonist has submitted to LifeSiteNews this unsolicited analysis of Catholic Canon Law on the matter.  The priest is known to LifeSiteNews but must remain publicly unnamed.

We are including this detailed analysis since the fact that they have not been denied Catholic sacraments has been a large factor in helping very influential, obstinately pro-abortion or anti-family Catholic politicians and activists (Nancy Pelosi, Ted Kennedy, Kathleen Sibelius, Tony Blair, etc.) to legitimize their damaging actions, while still claiming to be in good standing with the Church. The Catholic public figures have in many cases been top leaders of actions against the protection of innocent human life and the family.

There is a growing clamor among pro-life and pro-family leaders, many laity and even from non-Catholics demanding that the Catholic Church end this damaging scandal by using its Canon 915 as an act of charity for the offenders, their victims and the wider community.


A Canonical Defense of Father Marcel Guarnizo

As a priest and canon lawyer, I’d like in canonical terms, to revisit the controversial events surrounding the denial of Holy Communion to Barbara Johnson by Father Marcel Guarnizo. First of all, while I agree with many of the points by the very well-respected canonist Dr. Ed Peters, I believe that even with the rather limited information currently available, Father Guarnizo very possibly and correctly satisfied the conditions of canon 915 in denying Holy Communion to Barbara Johnson. Secondly, I would like to comment on Father Guarnizo’s unjust “administrative leave” in light of the Code of Canon Law.

Canon 915 and Father Guarnizo

The first rule of interpretation in canon law is to read the canon.  Canon 915 reads:

“Those upon whom the penalty of excommunication or interdict has been imposed, and others who obstinately persist in manifest grave sin, are not to be admitted to Holy Communion.”

As Ed Peters clearly points out, canon 915 lays an obligation on the minister distributing Holy Communion to deny Holy Communion to certain parties. Who are these parties? The first two parties are those who have been excommunicated or interdicted by imposition or declaration. The third party to be denied Holy Communion are those who fulfill all of the following three conditions, i.e., those who

1. Obstinately persist
2. in manifest
3. grave sin.

How is this canon to be interpreted? Ed Peters rightly mentions a general norm:

Can. 18 - “Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation.”

as well as canon 912:

Can. 912 - “Any baptized person not prohibited by law can and must be admitted to Holy Communion.”

On the other hand, Father William Byrne, Secretary for Pastoral Ministry and Social Concerns, in the Archdiocese of Washington’s press release, states,

“We should receive Jesus with the intention of becoming more like Him. No one is entitled to the Eucharist. It is a free gift and should be received with humility and reverence.”

Ed Peters is again correct to say that the burden lies upon Father Guarnizo to prove he satisfied the requirements of canon 915. On the other hand, canon 915 lays a grave obligation on the minister of Holy Communion to protect the Eucharist from sacrilege and to prevent scandal. It goes without saying that the minister who violates canon 915 should be justly punished.

Ed Peters summarily explains why Father Guarnizo does not fufill the conditions of canon 915:

“Guarnizo did not know, and could not have verified, whether Johnson’s sin (speaking objectively), which could be grave (a conclusion I think a Catholic could reach based on the words used here) was also manifest, as well as obstinate and perseverating (sic). “

This statement raises a question. Given the extremely limited information we currently have from a variety of sources, how exactly does Ed Peters judge that Father “Guarnizo did not know, and could not have verified” Barbara Johnson was not a manifest, grave sinner? It is safe to assume that Ed Peters was not present at the chapel for the funeral, nor was he in the sacristy, nor does he have knowledge of who or how many persons witnessed the conversation that took place between Father Guarnizo and Barbara Johnson.

Ed Peters goes on to quote a number of very reputable and traditional Catholic moralists and manualists who express in various terms the meaning of canon 915. Let’s look carefully at canon 915. Here’s the canon again:

Canon 915 - “Those upon whom the penalty of excommunication or interdict has been imposed, and others who obstinately persist in manifest grave sin, are not to be admitted to Holy Communion.”

What is the purpose of canon 915? Cardinal Raymond Burke, Prefect of the Apostolic Signatura (the highest tribunal in the Church) answers this question in a paper regarding the liciety of admitting pro-abortion politicians to Holy Communion in light of canon 915. (For those who haven’t read the paper, the quick answer is “no”.) Cardinal Burke states that Canon 915 exists primarily to prevent sacrilege while at the same time preventing our Greatest Good from being violated. His Eminence also remarked in the Jesuit periodical America Magazine that,

“Canon 915 deals with the state of someone who persists in an open, serious moral violation and so has gravely sinned. This means you can’t receive Communion, but it is not saying you are excommunicated. It’s just saying you have broken, in a very serious way, your communion with God and with the Church and therefore are not able to receive Holy Communion.”

The same point is implied in St. Paul’s scolding of the Corinthian Christians during Mass:

“For he that eateth and drinketh unworthily, eateth and drinketh judgment to himself, not discerning the body of the Lord.”

The minister who applies canon 915 actually does the sinner a great service in charity by preventing him from committing another grave sin.

The secondary purpose of canon 915 is the prevention of scandal. What is scandal? Cardinal Burke says:

“The first and properly theological meaning of scandal is to do or omit something which leads others into error or sin. The second meaning is to do or omit something which causes wonderment (admiratio) in others. Denying Holy Communion publicly to the occult sinner involves scandal in the second sense. Giving Holy Communion to the obstinately serious and public sinner involves scandal in the first sense.”

In his Summa Theologiae, St. Thomas Aquinas says that although there is a need for the minister distributing Holy Communion to protect the good name of the hidden sinner, there is also an obligation to protect the Eucharist from sacrilege by a public sinner.

Since Barbara Johnson doesn’t fall into the first two categories of canon 915, let’s see she if she fulfills the following three conditions for the last category of persons, i.e., those who

1. Obstinately persist
2. in manifest
3. grave sin.

1. Obstinately persist

What does it mean to “obstinately persist”?

The Pontifical Council for Legislative Texts (PCLT), the department of the Vatican whose job it is to interpret authentically both universal and particular laws in the Church, states that this phrase “obstinate persistence” is

“the existence of an objective situation of sin that endures in time and which the will of the individual member of the faithful does not bring to an end, no other requirements (attitude of defiance, prior warning, etc.) being necessary to establish the fundamental gravity of “the situation in the Church.”

“Obstinate persistence” denotes an objective (not subjective) state. Although commonly misunderstood, it is not necessary that warnings be issued in order to judge “obstinate persistence”.

Before the funeral Mass, Barbara Johnson declared her homosexual status by introducing her lesbian lover to Father Guarnizo. What was the purpose of this action? We now know, from media reports, that Barbara has been with her partner for 20 years.

We also know that Barbara Johnson walked out of the sacristy while her lover blocked the doorway.

2. “Manifest”

What does “manifest” mean?

Among the leading canon lawyers currently living in North America is Professor John Huels at St. Paul’s University. In his 1985 commentary on canon 915, Professor Huels writes that, “a manifest sin is one which is publicly known, even if only by a few.”

Although tempting, it is not possible completely to equate the term “manifest” with the term “public”, since, in the 1917 Code these two adjectives are used to describe those who are not allowed a Catholic funeral. (1917 Code of Canon Law, c. 1240. Alii peccatores publici et manifesti [Other public and manifest sinners])If “manifest” were exactly the same as“public”, why would the legislator have used both terms?“  Manifest” can also refer to the fact that certain moral actions by their very essence are always immoral and are objectively wrong.For example, we say that it is“manifest” or clear, i.e., there is no doubt, that a certain moral action is definitely wrong.The term “manifest”would certainly in its definition, a politician who is actively attempting to pass legislation to facilitate direct abortions. Understandably there is overlapping in meaning but the the term “public” can mean “that which is provable in the external forum.”

The Jesuit theologian Father Davis, in his classic Moral and Pastoral Theology published in 1938, declared that,

“He is, relatively speaking, a public sinner, if he is known to be such by those who observe that he asks for the Sacraments. He is said to ask for them publicly, if he does so, in the presence of any others, many or few, who would recognize him as a public sinner.”

The ancient Rituale Romanum stated:

“All the faithful are to be admitted to Holy Communion, except those who are prohibited for a just reason. The publicly unworthy, which are the excommunicated, those under interdict, and the manifestly infamous, such as prostitutes, those cohabiting, usurers, sorcerers, fortune-tellers, blasphemers and other sinners of the public kind, are, however, to be prevented, unless their penitence and amendment has been established and they will have repaired the public scandal.”

Furthermore, as Cardinal Burke mentions in his commentary on canon 915,

“Regarding the denial of Holy Communion, the [1720 Ruthenian] Synod made its own the perennial discipline of the Church:

“Heretics, schismatics, the excommunicated, the interdicted, public criminals, the openly infamous, as also prostitutes, the publicly cohabiting, major usurers, fortune-tellers, and other evil-doing men of the same kind, however, are not to be admitted to the reception of this Sacrament, according to the precept of Christ: ‘Do not give the Holy to dogs’. “

A notorious act here means an act that cannot be concealed.

The well-respected Father William Woestman adds that,

“the public reception of Communion by a public sinner implies that the Church and her ministers somehow condone the public serious sin.”

An author that Ed Peters is familiar with and recommends is the Dominican Father Halligan. Father Halligan, in Administration of the Sacraments, states that a crime

“is public, if it is already divulged or is so situated that it may and must be concluded that it will easily become commonly known.”

Who else was present in the sacristy on the day of Barbara Johnson’s mother’s funeral? Who else could have heard the conversation that took place between Father Guarnizo and Barbara Johnson? Usually before a liturgical ceremony such as a funeral, a number persons can be present in the sacristy (e.g., altar servers, schola members, members of the recently deceased, the parish secretary, etc.).

In addition, reasonableness is assumed in law. Is it not reasonable that the community, largely made up of Barbara Johnson’s family, knew of her lesbian relationship before the funeral if not at least at the funeral?

At family gatherings like funerals or weddings, people “catch up” and learn how everyone and everything has been going since the last funeral or wedding. People find out family news. Even strangers discover a little bit about who’s related to whom and so on. Is it not very reasonable that more than a few people present in that church building knew about the lesbian relationship between Barbara Johnson and her lover?

Every human being lives in a community. What about the community of which Barbara Johnson is a member and amongst whom she lives? Are they supposed to assume that Barbara Johnson received Holy Communion just like everybody else? Doesn’t this create scandal in Cardinal Burke’s first sense where the faithful are led into error about who is worthy to receive Holy Communion?

An unnamed source present at the funeral mentioned that most of the congregation was mysteriously not made up of those around the age of the recently deceased mother but were more around the age of Barbara Johnson. An unusually small percentage of people came up to receive Holy Communion. If these were friends of Barbara Johnson, what about the possible scandal that could have taken place if Father Gaurnizo had given her Holy Communion? This witness is confident that the vast majority of the persons present for the funeral knew about the lesbian “lifestyle” of Barbara Johnson.

3. Grave sin.


Regarding “Grave Sin”, the Pontifical Council for Legislative Texts declares that this is, “understood objectively, being that the minister of Communion would not be able to judge from subjective imputability.”

Now that we’ve walked through a working description of the phrase in canon 915 asserting that those who “obstinately persist in manifest grave sin, are not to be admitted to Holy Communion,” what is a concrete example of people who fall into this category? The answer is given to us by Blessed Pope John Paul II, Cardinal Ratzinger, Prefect of the Congregation for the Doctrine of the Faith, the Catholic Catechism and again, the Pontifical Council for Legislative Texts.

Blessed John Paul II in Familaris Consortio in 1982:

“The Church reaffirms her practice, which is based upon Sacred Scripture, of not admitting to Eucharistic Communion divorced persons who have remarried. They are unable to be admitted hereto from the fact that their state and condition of life objectively contradict the union of love between Christ and the Church which is signified by the Eucharist. Besides this, there is a another special pastoral reason: if these people were admitted to the Eucharist, the faithful would be led into error and confusion regarding the Church’s teaching about the indissolubility of marriage.”

Cardinal Ratzinger, Prefect of the Congregation for the Doctrine of the Faith in 1991:

“As far as the internal forum solution is concerned as a means of resolving the question of the validity of a prior marriage, the magisterium has not sanctioned its use for a number of reasons, among which is the inherent contradiction of resolving something in the internal forum which by its nature also pertains to and has such important consequences for the external forum.”

Catechism of the Catholic Church, numbers 1650-1651:

“If the divorced are remarried civilly, they find themselves in a situation that objectively contravenes God’s law. Consequently, they cannot receive Eucharistic Communion as long as this situation persists. “

Pontifical Commission for Legislative Texts in 2000:

“In effect, the reception of the Body of Christ when one is publicly unworthy constitutes an objective harm to the ecclesial communion: it is a behavior that affects the rights of the Church and of all the faithful to live in accord with the exigencies of that communion. In the concrete case of the admission to Holy Communion of faithful who are divorced and remarried, the scandal, understood as an action that prompts others towards wrongdoing, affects at the same time both the sacrament of the Eucharist and the indissolubility of marriage. That scandal exists even if such behavior, unfortunately, no longer arouses surprise: in fact it is precisely with respect to the deformation of the conscience that it becomes more necessary for Pastors to act, with as much patience as firmness, as a protection to the sanctity of the Sacraments and a defense of Christian morality, and for the correct formation of the faithful.”

The noted 1917 Code commentar Fr. Lincoln Bouscaren, SJ, in Canon Law Digest (vol. 1, 408-409) also relates the case of

“a woman that was living in open concubinage with a relative, went to confession to a missionary, and was admitted by him to Holy Communion. The pastor of the church questioned the propriety of this course of action on the part of the missionary, and referred the matter to the Ordinary of the place. The latter forbade the admission of the woman to Holy Communion until she should have separated from the man with whom she was living. From this decree, the missionary had recourse tot he Sacred Congregation of the Council.

Question: Whether the decree of the Ordinary is to be obeyed.
Reply: In the affirmative.”

Father William Woestman logically concludes that

“the same principles apply to everyone whose habitual lifestyle is manifestly gravely sinful, e.g., the unmarried “living together,” homosexuals or lesbians in a public relationship, those actively participating in the performance of abortions, drug traffickers, gang members.”

We can see that Ed Peters clearly contradicts the point reinterated by Father Woestmann:

“I think that withholding Holy Communion from those divorced and remarried outside the Church is an application of Canon 915 (see, e.g., Kelly, in GB&I COMM [1995] 503), but I need not prove that point to show that withholding the Eucharist from divorced-and-remarrieds, that is, those who status is de iure public, is appropriate under, among other things, the 1994 CDF Letter on Communion for Divorced and Remarried Catholics, n. 6.  Of course, as Johnson is apparently not divorced and remarried outside the Church, and because Guarnizo did not suspect her of being so, his implicit appeal to the CDF letter and/or c. 915, fails in law and in fact.”

Objectively, homosexuality is graver than adultery. I don’t understand why Dr. Peters says that it is licit to use canon 915 to deny Holy Communion to those who are divorced and have remarried but it is not licit to use canon 915 for a lesbian in a homosexual relationship.

Up to this point, we’ve applied our attention to law relevant to the particular situation of Baabara Johnson. Now we ask, what should be done practically in a concrete situation?

The Pontifical Council for Legislative Texts again provides the answer:

“Naturally, pastoral prudence would strongly suggest the avoidance of instances of public denial of Holy Communion. Pastors must strive to explain to the concerned faithful the true ecclesial sense of the norm, in such a way that they would be able to understand it or at least respect it. In those situations, however, in which these precautionary measures have not had their effect or in which they were not possible, the minister of Communion must refuse to distribute it to those who are publicly unworthy. They are to do this with extreme charity, and are to look for the opportune moment to explain the reasons that required the refusal. They must, however, do this with firmness, conscious of the value that such signs of strength have for the good of the Church and of souls.”

“The discernment of cases in which the faithful who find themselves in the described condition are to be excluded from Eucharistic Communion is the responsibility of the Priest who is responsible for the community.”

We know that Father Guarnizo did not make the funeral arrangments for Barbara Johnson’s mother. We also know that after hearing confessions from 9:30-10:20am, Father Guarnizo wanted to speak with Barbara before the 10:30am funeral Mass but was blocked by Barbara Johnson’s lover. We also know that Father Guarnizo’s action to deny Holy Communion to Barbara Johnson was extremely discreet.

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Sandra Cano, ‘Mary Doe’ of Doe v. Bolton, RIP

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By Ben Johnson
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Sandra Cano, the woman whose divorce custody case morphed into a Supreme Court decision extending the “constitutional right” to an abortion throughout all nine months of pregnacy, has passed away of natural causes.

Cano was “Mary Doe” of Doe v. Bolton, the other case settled by the High Court on January 22, 1973. In 1970, at 22, Cano saw an attorney to divorce her husband – who had a troubled legal history – and regain custody of her children. The Georgia resident was nine weeks pregnant with her fourth child at the time.

Cano said once the attorney from Legal Aid, Margie Pitts Hames, deceptively twisted her desire to stay with her children into a legal crusade that has resulted in 56 million children being aborted.

“I was a trusting person and did not read the papers put in front of me by my lawyer,” Cano said in a sworn affidavit in 2003. “I did not even suspect that the papers related to abortion until one afternoon when my mother and my lawyer told me that my suitcase was packed to go to a hospital, and that they had scheduled an abortion for the next day.”

Cano was so disgusted by the prospect that she fled the state.

Yet the legal case went on, winding up before the Supreme Court the same day as Roe v. Wade. The same 7-2 majority agreed to Roe, which struck down state regulations on abortions before viability, and Doe, which allowed abortions until the moment of birth on the grounds of maternal “health” – a definition so broad that any abortion could be justified.

All the justices except Byron White and future Chief Justice William Rehnquist agreed that “physical, emotional, psychological, familial, and the woman's age” are all “factors [that] may relate to [maternal] health.”

“I was nothing but a symbol in Doe v. Bolton with my experience and circumstances discounted and misrepresented,” Cano said in 2003.

Two years later, she told a Senate subcommittee, “Using my name and life, Doe v. Bolton falsely created the health exception that led to abortion on demand and partial birth abortion... I only sought legal assistance to get a divorce from my husband and to get my children from foster care. I was very vulnerable: poor and pregnant with my fourth child, but abortion never crossed my mind.”

On the 30th anniversary of the case, she asked the Supreme Court justices to revisit the ruling that bears her pseudonym, but they denied her request. “I felt responsible for the experiences to which the mothers and babies were being subjected. In a way, I felt that I was involved in the abortions – that I was somehow responsible for the lives of the children and the horrible experiences of their mothers,” she explained.

By that time, both Cano and Norma McCorvey, Jane Roe of Roe v. Wade, opposed abortion and implored the Supreme Court to overturn the rulings made in their names. Both also said their pro-abortion attorneys had misrepresented or lied about their circumstances to make abortion-on-demand more sympathetic.

"I pledge that as long as I have breath, I will strive to see abortion ended in America,” Cano said in 1997.

Priests for Life announced last week that Cano was in a hospital in the Atlanta area, in critical condition with throat cancer, blood sepsis, and congestive heart failure.

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“My heart is broken that Sandra will never witness an end to abortion,” Janet Morana said. “She never wanted to have an abortion. She never had an abortion, and she certainly never wanted to be a part of the Supreme Court decision, Doe v. Bolton, that opened the gates for legal abortion at any time during pregnancy and for any reason.”

“Sandra’s work to overturn that devastating decision that was based on lies will not end with her death,” Fr. Frank Pavone said. “When life ultimately triumphs over death, Sandra will share in that victory.”

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We don’t kill problems anymore. We kill people, and pretend that it is the same thing.
Jonathon van Maren Jonathon van Maren Follow Jonathon

First we killed our unborn children. Now we’re killing our own parents.

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By Jonathon van Maren

In a culture that elevates transient pleasure as a “value,” while reducing “value” itself to a subjective and utilitarian status, I suppose it should not be surprising that the worth of human beings is now constantly in question.

We once lived in a culture that drafted laws to protect “dependents”: the very young, the very old, and the disabled. This was done in recognition of the fact that a human being’s increased vulnerability correspondingly heightens our moral responsibility to that human being.

Now, however, the exit strategists of the Sexual Revolution are burning the candle at both ends - abortion for children in the womb, euthanasia and “assisted suicide” for the old. Both children and elderly parents, you see, can be costly and time-consuming.

We don’t kill problems anymore. We kill people, and pretend that it is the same thing.

I noted some time ago that the concept of “dying with dignity” is rapidly becoming “killing with impunity,” as our culture finds all sorts of excuses to assist “inconvenient” people in leaving Planet Earth.

There is a similarity to abortion, here, too—our technologically advanced culture is no longer looking for compassionate and ethical solutions to the complex, tragic, and often heartbreaking circumstances. Instead, we offer the solution that Darkness always has: Death. Disability, dependence, difficult life circumstances: a suction aspirator, a lethal injection, a bloody set of forceps. And the “problem,” as it were, is solved.

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We don’t kill problems anymore. We kill people, and pretend that it is the same thing.

There is something chilling about the intimacy of these killings. As Gregg Cunningham noted, “Ours is the first generation that, having demanded the right to kill its children through elective abortion, is now demanding the right to kill its parents through doctor-assisted suicide.” The closest of human relationships are rupturing under the sheer weight of the selfishness and narcissism of the Me Generation.

The great poet Dylan Thomas is famous for urging his dying father to fight on, to keep breathing, to live longer:

Do not go gentle into that good night,
Old age should burn and rave at close of day;
Rage, rage against the dying of the light.

Such sentiment is not present among the advocates of euthanasia. In fact, the tagline “dying with dignity” is starting to very much sound like, “Now don’t make a fuss, off with you now.” Consider this story in The Daily Mail from a few days ago:

An elderly husband and wife have announced their plans to die in the world's first 'couple' euthanasia - despite neither of them being terminally ill.

Instead the pair fear loneliness if the other one dies first from natural causes.

Identified only by their first names, Francis, 89, and Anne, 86, they have the support of their three adult children who say they would be unable to care for either parent if they became widowed.

The children have even gone so far as to find a practitioner willing to carry out the double killings on the grounds that the couple's mental anguish constituted the unbearable suffering needed to legally justify euthanasia.

… The couple's daughter has remarked that her parents are talking about their deaths as eagerly as if they were planning a holiday.

John Paul [their son] said the double euthanasia of his parents was the 'best solution'.

'If one of them should die, who would remain would be so sad and totally dependent on us,' he said. 'It would be impossible for us to come here every day, take care of our father or our mother.'

I wonder why no one considers the fact that the reason some elderly parents may experience “mental anguish” is that they have come to the sickening realization that their grown children would rather find an executioner to dispatch them than take on the responsibility of caring for their parents. Imagine the thoughts of a mother realizing that the child she fed and rocked to sleep, played with and sang to, would rather have her killed than care for her: that their relationship really does have a price.

This is why some scenes in the HBO euthanasia documentary How To Die In Oregon are so chilling. In one scene, an elderly father explains to the interviewer why he has procured death drugs that he plans to take in case of severe health problems. “I don’t want to be a burden,” he explains while his adult daughter nods approvingly, “It’s the decent thing to do. For once in my life I’ll do something decent.”

No argument from the daughter.

If we decide in North America to embrace euthanasia and “assisted suicide,” we will not be able to unring this bell. Just as with abortion and other manifestations of the Culture of Death, the Sexual Revolutionaries work hard to use heart-rending and emotional outlier examples to drive us to, once again, legislate from the exception.

But for once, we have to start asking ourselves if we really want to further enable our medical community to kill rather than heal. We have to ask ourselves if the easy option of dispatching “burdensome” people will not impact our incentive to advance in palliative care. And we have to stop simply asking how someone in severe pain might respond to such a legal “service,” and start asking how greedy children watching “their” inheritance going towards taking proper care of their parents.

And to the pro-life movement, those fighting to hold back the forces of the Culture of Death—the words of Dylan Thomas have a message for us, too.

Do not go gentle into that good night…
Rage, rage against the dying of the light.

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Luka Magnotta http://luka-magnotta.com
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Gay porn star admits dismembering ex-lover and molesting his corpse on film

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By Thaddeus Baklinski

Montreal gay porn actor Luka Magnotta admits killing and dismembering his ex-lover and molesting his corpse on film, but pled not guilty on Monday to all five charges filed against him.

Magnotta shocked the world in June 2012 by allegedly killing and cannibalizing a 33-year-old university student from China, Jun Lin, then posting a video of his actions and the results online. He later hid some of the dismembered parts in the garbage, but also mailed parcels containing body parts to political offices in Ottawa and schools in Vancouver.

He was charged with first-degree murder, committing an indignity to a body, publishing obscene material, mailing obscene and indecent material, and criminally harassing Prime Minister Stephen Harper and other MPs.

Magnotta's lawyer Luc Leclair is basing the not guilty plea on the defendant having a history of mental illness, thus making him not criminally responsible.

Crown prosecutor Louis Bouthillier said he intends to prove that Magnotta planned the alleged murder well before it was committed.

"He admits the acts or the conducts underlying the crime for which he is charged. Your task will be to determine whether he committed the five offences with the required state of mind for each offence," Quebec Superior Court Justice Guy Cournoyer instructed the jury, according to media reports.

However, some authorities have pointed out that Magnotta’s behavior follows a newly discernible trend of an out-of-control sexual deviancy fueled by violent pornography.

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Dr. Judith Reisman, an internationally-recognized expert on pornography and sexuality, told LifeSiteNews in 2012 she believes Magnotta’s behavior “reflects years of brain imprinting by pornography.”

“His homosexual cannibalism links sex arousal with shame, hate and sadism,” said Reisman. Although cannibalism is not as common as simple rape, she added, “serial rape, murder, torture of adults and even of children is an inevitable result of our ‘new brains,’ increasingly rewired by our out-of-control sexually exploitive and sadistic mass media and the Internet.”

In their 2010 book “Online Killers,” criminology researchers Christopher Berry-Dee and Steven Morris said research has shown “there are an estimated 10,000 cannibal websites, with millions ... who sit for hours and hours in front of their computer screens, fantasizing about eating someone.” 

This underworld came to light in a shocking case in Germany in 2003, when Armin Meiwes was tried for killing his homosexual lover Bernd Jürgen Brandes, a voluntary fetish victim whom Meiwes picked up through an Internet forum ad seeking “a well-built 18- to 30-year-old to be slaughtered and then consumed.”

After the warrant was issued for his arrest, Magnotta was the target of an international manhunt for several days until he was arrested in Berlin, where police say he was found looking at online pornography alongside news articles about himself at an Internet café.

The trial is expected to continue to mid-November, with several dozen witnesses being called to testify before the jury of six men and eight women.

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