Note: This story uses the term "child sexual abuse material," to reference exploitative content depicting children, however federal child exploitation laws use the term "child pornography."
Assemblymember Patrick Burke said Wednesday he's requested state police investigate child sexual abuse in the Diocese of Buffalo.
"I'm calling on the state police to create a special investigative task force to address the issue of child sexual abuse in the Buffalo diocese and to hopefully take immediate action," Burke said.
Burke's call comes after Jeffery Nowak, a Diocese of Buffalo priest, was arrested and charged earlier this month with receipt and possession of "child pornography" or child sex abuse material (CSAM), by federal investigators.
The FBI had been alerted by Scottish officials of a Telegram group where users view child sex abuse material, or CSAM over a Zoom call. Nowak was identified as one of the participants, using the username "PigBoy666." Nowak's personal devices were taken under a search warrant and the FBI alleges several folders on those devices contained videos of CSAM. Nowak faces up to 20 years for both charges of receiving CSAM and possessing CSAM, although those sentences could be served concurrently.
However, while Nowak now faces criminal charges, he has been on administrative leave since 2019 from the diocese for allegations of inappropriate conduct. He has continued to receive pay and his status as a priest has not yet been removed by the Pope.
"In 2019, the Diocese was advised of numerous complaints about Rev. Nowak. None of the complaints included any allegation of inappropriate sexual contact, possession of child pornography or sexual abuse of a minor," a recent statement from the diocese reads. "However, given clear evidence of inappropriate conduct of Jeffrey Nowak with adults, then-Bishop Richard Malone removed him indefinitely from active ministry in 2019."
Burke said he's had initial conversations with state police about his request. He's sent a letter to the head of the local troop with his request and said announcing his request publicly is the first step.
"For generations we have seen children become victims of an institution that has shuffled predators around, part of the problem is the balkanized investigation process," Burke said. "Each municipality having to address this in their own way. Each police force addressing this in their own way. And the only reason we saw action when it came to Father Nowak was because the federal investigators were involved."
The assemblymember feels state police involvement would be important to have a coordinated effort across municipalities.
State police "have done it in the past on different issues, and in different states have also been really effective at being the lead agency," Burke said. "The FBI obviously took charge in this case, specific case. I think my point is it shouldn't have taken this long, and it shouldn't just been the FBI."
Burke said the issue is also personal to him.
"Nearly every priest that I had — I grew up in the church — was credibly accused of child sexual abuse. Many friends of mine were victims of child sexual abuse. So, not only just as a frustration, but just as this has been part of my existence," Burke said.
"The Catholic Church, my Catholic upbringing, have been central to my life, and to go through childhood and then into adulthood, it's personally upsetting and the lack of action is kind of mind-boggling. But that goes to show, too, you have a very large, powerful institution, but then it is relegated to local law enforcement agencies to deal with each separate issue based on the municipality. That doesn't make much sense to me."
