I posted information regarding the first trial earlier this year. In today's edition of the Northwest Herald,
https://www.nwherald.com/2020/11/24/crystal-lake-man-church-elder-charged-with-failing-to-report-sexual-abuse-of-child/aqqnlcw/?utm_term=Autofeed&utm_medium=NWHFacebook&utm_source=Facebook&fbclid=IwAR3xF_d3pl9_64pOn28lG2UflQ0asHMq9SFimdVkzw8EtChTAC2v__NliR4#Echobox=1606305785
Crystal Lake man, church elder charged with failing to
report sexual abuse of child
By KATIE SMITHE
5:00 am
A Jehovah's Witness church elder is accused of failing to
notify police about a known instance of sexual abuse against a minor in his
congregation.
Michael M. Penkava, 71, of Crystal Lake, was charged Nov. 18
with violating reporting provisions. The offense is a misdemeanor typically
punishable by less than one year in jail.
Outside of his involvement with the church, known among
Jehovah's Witnesses as a Kingdom Hall, Penkava taught for 35 years at West
Elementary School in Crystal Lake. He also previously wrote as a freelance
columnist for the Northwest Herald.
He's accused of failing to tell police about a male
congregant who was sexually abusing a family member, court records show.
Woodstock-based attorney Philip Prossnitz said Penkava might
not have been a mandated reporter at the time. Illinois law grants some
protections to communication between faith leaders and congregants, Prossnitz
said.
"Our research indicates that if information is received
within the context of a penitent-clergy privilege, it does not have to be
disclosed and such individuals are not mandated reporters, and I think that
might be what is at issue here in this prosecution for this misdemeanor,"
he said.
Penkava testified more than a year ago at the trial of
Crystal Lake man, Arturo Hernandez-Pedraza.
A jury found Hernandez-Pedraza guilty in October 2019 of
sexually assaulting and abusing a young female relative for more than 13 years.
At trial, Penkava invoked his right as a religious leader to
not testify against the man. Ultimately, he was required to answer questions
about actions the congregation took after learning about the sexual abuse more
than a decade before it was reported.
Penkava learned about the accusations in July 2006,
prosecutors said. Shortly after, church leaders warned parishioners not to
leave their children alone with Hernandez-Pedraza.
The accusations weren’t reported to police until 2018,
however, when the victim told church elders the abuse hadn’t stopped,
prosecutors said at the time of 2019 trial.
Reached by phone Tuesday, Penkava declined to comment about
the charge while the case was ongoing.
According to the Jehovah's Witnesses official website,
followers of the faith "abhor child abuse and view it as a crime."
It went on to say that "authorities are responsible for
addressing such crimes" and "elders do not shield any perpetrator of
child abuse from the authorities."
When elders learn of an accusation of child abuse, they
consult with the branch office of Jehovah’s Witnesses to "ensure
compliance with child abuse reporting laws," according to the website.
Regardless of reporting laws, the branch office of Jehovah’s
Witnesses instructs its elders to report the accusations if a minor is still in
danger of abuse, according to the website.
Penkava is scheduled to make his next court appearance on
Jan. 6.
