Oscar Cantu, the current Bishop of the Diocese of San Jose, is the subject of a Vatican investigation regarding his management of Catholic sex abuse allegations while he was with the Diocese of Las Cruces in New Mexico.

Cantu led the Las Cruces diocese from 2013 until 2018, when he moved to become the bishop of San Jose, Calif.

“Tuesday, Catholic News Agency (CNA) published an article about a possible Vatican investigation into the handling of clerical misconduct during my time as Bishop of the Diocese of Las Cruces. I support the Vos Estis protocols to ensure the accountability of bishops and to bring justice and healing to victims/survivors, and I intend to cooperate fully with any inquiry,” Cantu said in a statement released Nov. 18.

According to a statement from the Survivors Network of those Abused by Priests (SNAP), the investigation allegedly was prompted by concerns that the list of clergy members who had been credibly accused of sexual abuse increased by 14 during the year after Cantu left Las Cruces. The names included those of 13 religious order priests and one lay teacher, which had been excluded while Cantu was in charge. The lay teacher is the only one who allegedly committed sexual abuse or sexual assault during the period of time Cantu was in charge.

Among the clergy who were accused of child sexual abuse, but allowed to continue working in parishes, were Fr. Roderick Nichols and Fr. Damian Gamboa. Both men are facing civil complaints filed in August.

While pastor and administrator at St. Vincent De Paul Parish in Silver City, Nichols is accused of abusing a boy who was around 13 years old back in the early 1990s. Nichols reportedly is now retired.

Gamboa was pastor and administrator at St. Francis de Paula Church Inc. in Tularosa when he allegedly sexually abused a girl who was also around 13 years old in the early 1980s.

When the Las Cruces Diocese filed for Chapter 11 bankruptcy in 2018, survivors of sexual abuse and other claimants were provided a deadline of Jun 17, 2019 to file claims. According to the Las Cruces Sun News, 374 claims of sexual abuse were received and 21 claims regarding other grievances were filed by that deadline.

The Las Cruces Diocese has a list of 60 clergy members who were credibly acused of sexual misconduct, according to the San Jose Mercury News.

“We suspect that Las Cruces underreported the extent of clergy abuse in their diocese on Bishop Cantu’s watch,” said SNAP Treasurer Dan McNevin in a Nov. 18 press release. “Keeping people in the dark is part of the playbook bishops use worldwide, and if, true, we have no doubt Bishop Cantu is continuing this behavior in San Jose as well. The losers here are victims and children.”

Vatican Investigation Under Pope’s New Law

In the summer of 2019, Pope Francis issued Motu Propio Vos estis lux mundi, translated means “You are the light of the world,” which is a list of new norms for the church to issue a global response to sexual abuse.

According to the United States Conference of Catholic Bishops (USCCB), “These norms add to layers of response already in place in the United States including the Essential Norms and the Charter for the Protection of Children and Young People.”

The new norms require:

• Easily accessible reporting systems
• Specific standards for pastoral support offered to victims and their families
• Timely and complete investigations
• Whistleblower protection for anyone who makes allegations
• Active involvement of the laity

In addition, bishops are held accountable under the authority of the Motu Proprio, which includes the sexual abuse of minors or vulnerable individuals, sexual acts committed due to the abuse of authority, and any coverup of such criminal activity.

The church is also required to comply with civil reporting laws.

Vatican Investigation of Bishop Cantu

The Catholic News Agency said officials from the Vatican confirmed that Cantu was under investigation under the terms of Vos estis that address “actions or omissions intended to interfere with or avoid civil investigations or canonical investigations, whether administrative or penal, against a cleric or a religious” individual in cases regarding allegations of sexual abuse.

Vatican officials said Cantu is not on trial, and that there is a presumption of innocence, but that “the process will continue and develop as is appropriate.”

Bishop Peter Baldacchino now serves as the bishop of the Diocese of Las Cruces, which provided a statement to the San Jose Mercury News.

The statement reads, “Bishop Baldacchino has made accountability and rebuilding trust with local Catholics his foremost priority since arriving in the diocese. In line with the provisions of Pope Francis, he is absolutely committed to ensuring every accusation is heard and investigated, and every victim cared for.”