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(Milwaukee Journal Sentinel) By Ahmed Elbenni August 10, 2018 # Wisconsin GOP radio ad takes aim at Democratic candidate for governor Flynn\'s role in priest case In a radio ad attacking Democratic gubernatorial candidate Matt Flynn, the Wisconsin Republican Party claims that Flynn \"told one child predator to ‘wait and see,’ when he should have turned him in to authorities.\" Flynn has taken heavy criticism from Gov. Scott Walker and others for his role representing the Milwaukee Archdiocese in priest sexual abuse cases from 1989 to 2004. Flynn is one of eight Democrats in the Aug. 14 primary who hope to face Walker in November. The former priest and Flynn have given differing accounts of what happened. But this much is clear: Describing the former priest in question as a \"child predator\" is one step (or several) too far. Let’s take a look. The case A criminal complaint filed against against Marvin Knighton in 2002 claimed the priest had sexually assaulted a 12-year-old boy. Under Wisconsin law, the charge applies to cases in which an adult has sexual contact with a child under 16 without threats, violence, or injury. According to the criminal complaint, \"Knighton would frequently talk about his own penis and told (the boy) that one day he, (the boy), would have hair on his genital area and that when this happened, he would be a man and that he would take him out to dinner.\" The accuser claimed that the contact involved kissing and touching. The priest would call the boy by a feminine name and tell him how beautiful he was, according to the complaint. Before that, the case had played out behind the scenes. It began when the father of the alleged victim contacted Knighton in 1993 and accused him of sexually assaulting his son. Knighton reported the allegations to the archdiocese, saying he wanted to \"clear this up.\" In a 2003 letter to then-Archbishop Timothy Dolan, Knighton wrote that he went to Flynn regarding the allegation that had been made against him. Knighton stated in the letter that \"nothing inappropriate ever happened with this young man.\" Knighton wrote that Flynn \"suggested that we simply wait to see if he would file a report with Project Benjamin,\" an archdiocesan program to help victims of abuse. When the accuser failed to file a report, Knighton’s letter claimed Flynn told him \"not to worry about it. He felt that the young man wasn’t going to do anything.\" Knighton’s letter went on: \"I did not feel comfortable with that decision and again requested that as ‘legal counsel’ for the Archdiocese, that we be proactive in such a delicate matter and meet with my accuser. Mr. Flynn told me that it would be too much of a hassle to do anything legally and most likely nothing would happen. How wrong was that?\" The archdiocese partially corroborates Knighton’s account on its website, which in a summary of the case says \"the attorney advised Knighton that, because no one had filed a complaint, nothing could be done. Knighton continued to exercise ministry.\" What the candidate says In July 2018, Matt Flynn held a conference call with reporters in hopes of addressing all questions related to the priest abuse scandal. In it, Flynn confirmed that he did meet with Knighton in 1993 while representing the archdiocese as a lawyer for Quarles & Bradley. However, he denied Knighton’s account and said that Knighton was an unreliable source, given that the letter in question was written a decade after the meeting. \"What he says there is false,\" Flynn said. \"I insisted (the archdiocese) go to the police on any allegation.\" Of course, by that definition, Flynn himself would be an unreliable witness, since he, too, is recollecting events from many years prior. The GOP claim #### Featured Fact-check ![](\\" ![](\\" Tim Walz stated on September 14, 2024 in a speech “In Project 2025, you’re going to have to register with a new federal agency when you get pregnant.” ![\\"true\\"](\\" false/33efdb6633e5e2fdc2d4e2f63383a1e0.jpg.\\") ![\\"false\\"](\\" false.jpg\\") By Samantha Putterman • September 17, 2024 The ad characterizes Knighton as a \"child predator.\" According to the state Department of Corrections, a sexual predator (the law uses the term \"sexually violent person\") is \"a person who has been committed in a civil court proceeding under Chapter 980 of the Wisconsin Statutes.\" For such a commitment to be made, the person has to have been \"previously convicted of certain sexually violent offenses\" and \"diagnosed with a mental disorder that predisposes the person to engage in further acts of sexual violence.\" Knighton does not meet either criteria. He has never been convicted in a criminal court of sexual assault. In the 2003 criminal case, a jury acquitted Knighton of the single charge of second-degree sexual assault of a child. A second allegation of sexual abuse from a 1974 victim fell outside the criminal statute of limitations and thus was never tried in court. By 2004 a third allegation had surfaced but never translated to legal action. Indeed, the Wisconsin Department of Corrections’ sex offender registry does not list Knighton’s name. That said, the archdiocese conducted a separate investigation of Knighton and in a canonical trial found him guilty of both charges of abuse. The church dismissed him from the priesthood after he lost his appeal in 2011. Colloquially, a \"predator,\" as defined by Merriam Webster, is \"a person who has committed a sexually violent offense and especially one who is likely to commit more sexual offenses.\" If the multiple allegations against Knighton are true, he potentially meets this definition. But in this context, we think the legal definition carries the most weight. Reporting to authorities The GOP also claimed that Flynn \"should have turned (Knighton) in to authorities.\" Should he have? Peter K. Rofes, professor of law at Marquette University, doesn’t think so. But the reasons are complicated. Let’s break it down. First, there is the confidentiality obligation between a lawyer and a client. \"With very modest exceptions, lawyers must safeguard confidential information and refrain from revealing all information that relates to representation of a client,\" said Rofes. A lawyer could only share information on a client with, say, the police, if the client threatened to imminently endanger life or inflict massive monetary harm. Under the law in 1993, Rofes said, a lawyer had no legal obligation to report a non-client who threatened similarly harmful acts. In this case, Flynn’s client was the institution of the archdiocese, not Knighton specifically. Under the \"principles of confidentiality\" contained within Chapter 20 of Supreme Court rules, \"Lawyer Flynn did not have an affirmative legal obligation to go outside the archdiocese, to go outside the organization he was representing, with any information on the priest,\" said Rofes. In 1993, Flynn’s only legal obligation was to make sure the archdiocese was aware of the allegations against Knighton. Since Knighton reported the allegations to the archdiocese, they were aware. Some might argue Flynn had a moral obligation to report Knighton to authorities. Flynn was not precluded from doing that. Nor was the archdiocese. Neither did, which is the thrust of the GOP point. Our rating The Wisconsin GOP claims that Flynn \"told one child predator to ‘wait and see,’ when he should have turned him in to authorities.\" Knighton and the archdiocese have described events that would support the claim, but their accounts have been disputed by Flynn. That said, Knighton does not legally qualify as as a child predator (or even a sex offender) -- which is central to the claim in the GOP ad. Finally, Flynn had no legal obligation to report a non-client to the authorities, but some might argue he had a moral one. On balance, we rate the claim Half True. Share the Facts 2018-08-10 20:37:22 UTC PolitiFact ![\\"PolitiFact\\"](\\" 4 1 7 ![\\"PolitiFact](\\" halftrue.jpg\\") PolitiFact Rating: Half True Claims that Democratic candidate for governor Matt Flynn \"told one child predator to ‘wait and see,’ when he should have turned him in to authorities.\" Wisconsin Republican Party Political party ![](\\" In a radio ad Saturday, August 1, 0218 0218-08-01 Read More info #### Read About Our Process The Principles of the Truth-O-Meter ### Our Sources DeFour, Matthew, and Wisconsin State Journal. \"Priest, Later Defrocked for Abuse, Discussed Allegation with Matt Flynn.\" Madison.com, 23 July 2018 \"Matt Flynn Continues To Defend Work For Milwaukee Archdiocese During Priest Abuse Scandal.\" Wisconsin Public Radio, 24 July 2018 \"The 4 Degrees of Sexual Assault in Wisconsin.\" Milwaukee Criminal Defense Law Firm \"Sexual Assault of a Child- Second Degree - Wisconsin Sexual Assault Laws.\" What Is Statutory Rape, and How Is It Enforced and Punished? \"Sexual Assault of a Child- First Degree - Wisconsin Sexual Assault Laws.\" What Is Statutory Rape, and How Is It Enforced and Punished? export.cfm?state=Wisconsin&group=3 \"Priest Charged with Youth Sex Assault Alleged Contacts with His Accuser Occurred in 1988, \'89, by Marie Rohde, Journal Sentinel Online, June 18, 2002.\" Rev. Scott J. Kallal, A.V.I., \"What is a Sexual Predator?\" Sexual Offender Registry :: FAQ Rev. Marvin T. Knighton- Assignment Record \"Marvin Knighton.\" Archdiocese of Milwaukee,. ## Browse the Truth-O-Meter ### More by Ahmed Elbenni ![](\\" ![](\\" Republican Party of Wisconsin stated on August 1, 2018 in a radio ad: Claims that Democratic candidate for governor Matt Flynn \"told one child predator to ‘wait and see,’ when he should have turned him in to authorities.\" ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Ahmed Elbenni • August 10, 2018 ![](\\" ![](\\" Matt Flynn stated on April 12, 2018 in a TV interview: Says Foxconn \"is under investigation in mainland China for securities fraud, environmental fraud and labor fraud.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Ahmed Elbenni • July 31, 2018 ![](\\" ![](\\" Republican Party of Wisconsin stated on August 1, 2018 in a radio ad: Claims that Democratic candidate for governor Matt Flynn \"told one child predator to ‘wait and see,’ when he should have turned him in to authorities.\" ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Ahmed Elbenni • August 10, 2018 ![](\\" ![](\\" Matt Flynn stated on April 12, 2018 in a TV interview: Says Foxconn \"is under investigation in mainland China for securities fraud, environmental fraud and labor fraud.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Ahmed Elbenni • July 31, 2018 ![](\\" ![](\\" Republican Party of Wisconsin stated on August 1, 2018 in a radio ad: Claims that Democratic candidate for governor Matt Flynn \"told one child predator to ‘wait and see,’ when he should have turned him in to authorities.\" ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Ahmed Elbenni • August 10, 2018 ![](\\" ![](\\" Matt Flynn stated on April 12, 2018 in a TV interview: Says Foxconn \"is under investigation in mainland China for securities fraud, environmental fraud and labor fraud.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Ahmed Elbenni • July 31, 2018 ### Wisconsin GOP radio ad takes aim at Democratic candidate for governor Flynn\'s role in priest case * ![](\\" ![](\\" House Majority PAC stated on September 9, 2024 in a television ad: Laurie Buckhout is “trying to get to Congress to pass a national abortion ban, allowing politicians to ban abortions with no exceptions and prosecute women if they get an abortion, treating women right here like criminals.” ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Paul Specht • October 1, 2024 * ![](\\" ![](\\" Donald Trump Jr. stated on September 9, 2024 in a post: “Less than three months ago, Kamala Harris and her administration blocked 300,000 unvetted Haitian migrants from being deported out of our country.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Kwasi Gyamfi Asiedu • September 30, 2024 * ![](\\" ![](\\" X posts stated on September 30, 2024 in an X post: Photo shows President Joe Biden lounging on the beach \"while towns all over America were being wiped out” by Hurricane Helene. ![\\"false\\"](\\" ![\\"false\\"](\\" By Samantha Putterman • September 30, 2024 * ![](\\" ![](\\" Social Media stated on September 30, 2024 in in social media posts: “Biden Announces: ‘2.4 billion more to Ukraine’ but ‘no more aid for Hurricane Helene.’” ![\\"false\\"](\\" ![\\"false\\"](\\" By Jeff Cercone • September 30, 2024 * ![](\\" ![](\\" Facebook posts stated on September 24, 2024 in a post: “Olympic boxer Imane Khelif fails gender test, stripped of all titles, lifetime ban and $25 million prize money revoked!” ![\\"false\\"](\\" ![\\"false\\"](\\" By Grace Abels • September 30, 2024 * ![](\\" ![](\\" Donald Trump stated on September 30, 2024 in a press conference in Georgia: Georgia Gov. 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Claims that Democratic candidate for governor Matt Flynn told one child predator to wait and see’ when he should have turned him in to authorities