CONDEMNED BEFORE BEING TRIED


I recently received communication from the Vatican’s Secretariat of State informing me that I would not be able to have an audience with the Holy Father, and that the possibility of such an audience would be considered after the canonical process that has been opened against me—an unjust and arbitrary process from my point of view and that of many legal experts—has concluded.

Faced with the impossibility of meeting with the Holy Father, I am making this open letter public because I am convinced that once he receives my voice, he will understand the sincerity and urgency of the arguments I present. In the letter, I express my main concern in recent weeks: it seems that those pushing for this process are already thinking about my potential sentence—expulsion from the Opus Dei.

This is the letter I have sent to the Holy Father:

«Most Holy Father,

I am José María Martínez, a former teacher at Gaztelueta School, located near Bilbao, Spain. I am sending you this open letter due to the impossibility of meeting with you after two written requests. I am confident that if this message reaches you, you will heed my plea.

As you know, in 2015, I was the subject of a thorough canonical investigation by the Congregation for the Doctrine of the Faith—an entirely exceptional case because the Church’s law does not contemplate such action against lay faithful—which concluded by affirming my innocence in a case of alleged sexual abuse involving Juan Cuatrecasas. The resolution, signed by Cardinal Luis F. Ladaria SJ, then-Secretary of the Congregation, explicitly stated:

“Considering that the investigated offenses have not been proven, it is necessary to restore the good name and reputation of the accused, without further measures being taken against said person.”

Subsequently, a civil process began with two very different judgments: the first, from the Provincial Court of Bizkaia, sentenced me to eleven years in prison. The second, from the Spanish Supreme Court, which had access only to the case documentation and the prior judgment, sentenced me to two years; this remarkable and exceptional correction prevented me from going to prison for acts I had not committed.

Later, in August 2022, a new canonical process was initiated against me for reasons unknown to me. The most likely thesis—based on what I have heard from various sources—is that, during the preparation of a television program in which you, Jordi Évole, Juan Cuatrecasas, and several young people participated, your interlocutor’s testimony, moving but false, touched you deeply, leading you to reopen the process. Thus began a journey—guided, I believe, by your advisors in canon law—with glaring legal irregularities that violate fundamental human rights: retroactive application of a penal law, leaks to the press before official communications, or the fact that the person initiating the process meets with one party but not the other, to name just a few.

I have just received communication from the Vatican’s Secretariat of State, informing me that they do not consider it appropriate for me to speak with you, something I requested in a letter months ago. I do not understand why the other party is received and heard while I do not have that right; why I cannot defend myself on equal terms. I am writing this letter because I am sure that such a great injustice cannot leave you indifferent (if these lines indeed come to your attention).

I have said and will always say that I am innocent. This has also been attested by various individuals of unquestionable integrity, both in the civil and ecclesial spheres. I have defended myself, filed canonical appeals that have been only partially answered (or not answered at all), and my lawyers, in whom I have had full confidence for a long time, have been dismissed by the Apostolic Signatura in Rome… and this happened after they were accepted by the papal delegate, Don José Antonio Satué, at the beginning of the proceedings! Now, the delegate has summoned me to, as he says, resume the process. I find it difficult to understand why—as far as I know—I am the only lay faithful in the world being retroactively judged by the Church in a case of abuse. I would like to know if I will continue to be the only one.

I would have liked to say all this to you in person, but it has not been possible. I do not trust that the individuals advising you on this matter will convey my letter to you because, from what I have seen of their behavior thus far, it reflects complete bias as well as a clear lack of courage. However, I do not want to give up. I hope that someone close and loyal to you, with genuine love for the Church, will show you this letter and help you prevent such a monumental injustice.

I have no choice but to turn to Your Holiness in this way after denouncing the delegate’s partiality, and it seems that those pulling the strings of the process do not seem to care. In fact, the latest information I have received from various sources, corroborated by the recent communication from the Apostolic Signatura through its delegate, is devastating: before the trial even begins, those most directly involved in this case have already determined the sentence they want to impose on me! Through various channels that have been accurate in the past, I have heard that it will be proposed that I be expelled from the Opus Dei and that Juan Cuatrecasas be compensated with a substantial sum of money.

Do you understand, Holy Father, that I am utterly perplexed, infinitely disappointed, and outraged by so much injustice and arbitrariness? Do you understand my need to speak with you? Why do I not have the same rights as the other party? Why am I condemned before the process even begins? I insist that as a layperson, I should not be judged by ecclesiastical authorities as they are currently doing. Furthermore, I implore someone to explain to me why I—who have committed no crime—will be expelled from the Opus Dei, while so many other guilty Catholics, who have abused dozens of children, are not required to leave their dioceses or the institutions to which they belong.

Allow me to say, Holy Father, that from the beginning of your pontificate, I have closely followed your writings and your example. Your first trip to Lampedusa to show your affection for immigrants deeply moved me. I am greatly drawn to your messages of mercy and understanding, your eagerness to convey the message of Jesus Christ to all people. I have prayed and continue to pray for you. In this very difficult moment for me, I turn to the Holy Spirit to illuminate you. Only you can put an end to this absurdity and decide with true impartiality».