Yourlawyer.com (Clergy Abuse News) http://www.yourlawyer.com/topics/overview/clergy_abuse Sat, 21 Nov 2009 12:32:48 -0800 pixel-app en Raleigh diocese paid $1.2 million to settle abuse claims in 2006 http://www.yourlawyer.com/articles/read/12450 Fri, 05 Jan 2007 00:00:00 -0800 http://www.yourlawyer.com/articles/read/12450
The nearly $1.2 million payout was about double what the diocese expected, spokesman Frank Morock said. The diocese had budgeted about $600,000 to cover the costs and drew money from a self-insurance fund maintained by its churches.

"Because people are hurting, dioceses try to do everything in their power to bring closure and a sense of justice to those who have made the complaint and everyone involved," Morock said.

No other settlements have been reached since the end of the fiscal year in June, he said. The diocese has 98 parishes and mission churches throughout eastern North Carolina.

The diocese has now paid almost $2 million to settle sexual misconduct claims made by 37 people against at least 15 priests since 1950. Two of the priests have been cleared of wrongdoing, while the others have either died or retired.

Diocese attorneys plan to contest three other complaints that could result in legal action, a move advocates for abuse victims said would intimidate other victims.

"It clearly says, 'Come forward if you want to, but we're going to fight you tooth and nail," said David Clohessy, national director of the Survivors Network of Those Abused by Priests.

"Bishops and their lawyers still hope that, over time, victims will give up and go away, and struggle with the lifelong struggle they've had since childhood."

The sexual abuse scandal first surfaced publicly in the Archdiocese of Boston in 2002. Since then, more than $1 billion has been spent nationally to settle claims and pay related costs, according to media investigations and reports commissioned by the U.S. Conference of Catholic Bishops.

In the most recent settlement, a federal mediator in Washington state announced Thursday that the Spokane Catholic Diocese agreed to pay at least $48 million to people molested by priests as a part of a deal to emerge from bankruptcy.]]> Spokane Diocese Settles Sex Abuse Claims http://www.yourlawyer.com/articles/read/12451 Fri, 05 Jan 2007 00:00:00 -0800 http://www.yourlawyer.com/articles/read/12451
Federal Bankruptcy Judge Gregg W. Zive in Reno, Nev., said the settlement would provide survivors "with some measure of closure and allow them to move forward and continue the healing process."

The proposed reorganization plan was filed in federal bankruptcy court in Spokane. It still must be approved by victims and another bankruptcy judge.

Church spokesman Eric Meisfjord said the diocese would have no immediate comment.

The settlement would be financed by $20 million from six insurance carriers; another $18 million from the sale of the bishop's office building and other assets and contributions from Catholic entities; and $10 million from the diocese's 82 parishes, Zive said.

The settlement does not include specific numbers of victims or individual amounts to be paid, but establishes a process for distributing the money, as well as a means for paying victims who have not yet filed claims, Zive said.

About 150 individual claims were filed against the diocese as part of the bankruptcy, although not all of those people chose to sue.

In addition to helping abuse victims, Zive said, the settlement would allow the diocese "to continue its ministry and to begin its own journey of renewal, healing and hope."

The diocese serves about 90,000 Catholics in eastern Washington. It filed for bankruptcy protection in 2004, citing claims by abuse victims of about $81.3 million against assets of about $11 million.

The settlement requires Spokane Bishop William Skylstad to publicly support eliminating statutes of limitations on child sex crimes and to personally visit each parish where children were abused to urge parishioners to come forward with reports of abuse, according to court documents.

Skylstad must also send letters of apology to victims or their immediate families; publish the names of all known abusers; allow victims to publicly address the parishes where they were sexually abused; and to publish their stories in the diocesan newspaper.

Mike Ross, an officer of the Spokane chapter of the Survivors Network of Those Abused by Priests, a national organization of clergy abuse victims, said victims were "not thrilled with this deal." Many of them "will never see their day in court and that's truly what they wanted," Ross said.

Skylstad is president of the U.S. Conference of Catholic Bishops. He was among clergy accused of sexual abuse in the bankruptcy claims, but has denied allegations that he had sexual relations with a woman in the 1960s.

The settlement is slightly more than the $45.7 million Skylstad offered last year to 75 plaintiffs. That offer was rejected because it failed to include victims who had not filed claims, or those who may file claims in the future.

The settlement is considerably less than some recent cases involving dioceses in other U.S. cities.

Last month, the Archdiocese of Portland, Ore., filed a bankruptcy reorganization plan that would pay about $75 million to settle nearly 170 claims of priest sex abuse, and the Archdiocese of Los Angeles agreed to pay $60 million to settle 45 sex abuse claims.

Other large settlements include $100 million paid to 87 claimants in 2005 by the Diocese of Orange County, Calif., and $85 million paid to 552 claimants in 2003 by the Archdiocese of Boston.]]> L.A. archdiocese settles 45 abuse cases http://www.yourlawyer.com/articles/read/12311 Fri, 01 Dec 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/12311
"I pray that the settlement of the initial group of cases will help the victims involved to move forward with their lives and to build a brighter future for themselves and their families," Cardinal Roger Mahony said in a news release.

Negotiations for the settlement of the uninsured cases have been in progress for at least a year.

The lead plaintiff's attorney, said the settlement involved 22 priests and was the largest settlement the Los Angeles archdiocese had reached "by far." He said more than $50 million would come from the archdiocese and about $8 million from religious orders.

"I wasn't certain we would ever get it done, but thankfully 45 very injured people will have a change to begin to heal, particularly at this time of the year," he said.

The Los Angeles archdiocese still faces more than 500 lawsuits from people who allege they were abused by about 200 priests and laypeople dating as far back as the 1930s.

The payout is the second-largest in California, behind the Diocese of Orange's 2004 agreement to spend $100 million to settle 90 abuse claims. It is also one of the fourth-largest in the nation since the clergy abuse crisis erupted in the Archdiocese of Boston in 2002, according to an Associated Press review.

Sex abuse by Roman Catholic priests has cost the U.S. church at least $1.5 billion since 1950. Several American dioceses have reached multimillion-dollar settlements with victims in the last few years, as bishops have tried to resolve the crisis and move on.

Four dioceses: Tucson, Ariz.; Spokane, Wash.; Portland, Ore., and Davenport, Iowa sought bankruptcy protection from a flood of lawsuits. Tucson has emerged from the process.

Settlement talks have been under way in the remaining California cases since 2002, when legislators passed a state law that suspended for one year the statute of limitations for sexual abuse claims.

Nearly 1,000 people filed claims against the Roman Catholic Church in California under that law.]]> Archdiocese settles some suits alleging sex abuse http://www.yourlawyer.com/articles/read/12225 Thu, 02 Nov 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/12225
Last May, Archbishop Charles Chaput offered a settlement process to the 29 men and one woman who have filed lawsuits alleging they were sexually abused by priests employed by the archdiocese. The incidents occurred between 27 and 50 years ago and involved two priests, Leonard Abercrombie, who died in 1994, and Harold Robert White, who is defrocked.

"We're very pleased that this approach we proposed in good will . . . has been succeeding," said spokeswoman Jeanette DeMelo. "There are others still in progress and we're confident that these will continue and there will be other settlements."

DeMelo would not discuss how many settlements have been reached. She said that while legal documents have been signed, agreements have not been finalized.

Miami-based attorney Jeff Herman, who represented the plaintiffs, did not return a phone call Wednesday.

Barbara Blaine, national president of the Survivors Network of Those Abused by Priests (SNAP), issued a statement Wednesday: "Financial settlements are the absolute bare minimum bishops should provide to child sex abuse victims, and victims shouldn't have to go to court to force such settlements out of recalcitrant church officials."

SNAP has scheduled a news conference for 1 p.m. today on the steps of the state Capitol, according to Denver spokesman Jeb Barrett. He said SNAP will repeat its demand to Chaput that the archdiocese open all of its records involving priests accused of sex abuse.

The archdiocese has repeatedly said the records are confidential.

Chaput hired Judicial Arbiter Group Inc. to conduct the mediation hearings with the alleged victims.]]> LA clergy sex abuse cases settled for $10 million http://www.yourlawyer.com/articles/read/12226 Sat, 28 Oct 2006 00:00:00 -0700 http://www.yourlawyer.com/articles/read/12226
The Carmelite order will pay most of the settlement to seven people, including two who said they were sexually molested at Crespi Carmelite High School in Encino. The archdiocese will contribute about 5 percent, a church spokesman said.

"We are encouraged by every settlement, and we hope every one leads to another," said, a lawyer who represents the church in Los Angeles.

Defendants included the Rev. Dominic Savino, 67, a Carmelite priest who was fired as the school's president and suspended from the priesthood in 2002 after allegations surfaced that he had molested boys in the 1970s.

Former school principal John Knoernschild and two other members of the order not associated with the school were also named.

A victims' lawyer, complimented the Carmelites "for stepping up and doing the right thing," but said no amount of money could make up for the damage inflicted by the sexual abuse.

"It's been a long, hard road for the victim," he said of one of his clients.

The Carmelites ousted Savino shortly after a woman reported to the Los Angeles Archdiocese's hot line that he had abused her twin sons during a 1979 field trip.

The seven Carmelite cases are dwarfed by more than 560 unresolved allegations by people who say they were abused by Catholic priests in Southern California over the past 70 years. That litigation has been pending for years as dozens of lawyers try to agree on a settlement.

Savino originally went to the all-boys school in 1977 as a part-time counselor. He left in 1986 to pursue a doctorate in psychology, then returned in 1995.

The US Conference of Catholic Bishops announced this week that it will vote next month on a proposal to release $335,000 of the $1 million earmarked for research on sexual abuse by clergy. The money would fund the first three parts of a study being conducted by the John Jay College of Criminal Justice in New York
]]> Abused children may get more time to sue http://www.yourlawyer.com/articles/read/11788 Tue, 30 May 2006 00:00:00 -0700 http://www.yourlawyer.com/articles/read/11788
The bill, sponsored by Rep. Greg Lavelle, R-Sharpley, and Sen. Karen Peterson, D-Stanton, would extend the time from two years to six years after the abuse occurs or to six years after the abuse is discovered to be the cause of a victim's emotional or physical damage.

The bill also would give new life to claims of abuse that have been barred by Delaware's civil statute of limitations, granting a two-year window in which such claims could be filed.
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"That would be awesome," said Valerie Marek, executive director of Survivors of Abuse in Recovery, which supports the recovery of many abuse victims. "A lot of kids are threatened into keeping their mouths closed. By the time they are strong enough to confront it, it's years later and major damage has been done."

California passed a similar law, some states revised their statute of limitations, and other states are debating the issue, which gained prominence after the scandal of child sexual abuse by priests emerged nationally in 2002.

Navy Lt. Cmdr. Kenneth Whitwell urged Delaware lawmakers to change the state's statute of limitations last fall, when he filed suit claiming he was sexually abused by a priest who taught at Archmere Academy in the mid-1980s. Some of the abuse occurred during ski trips to Vermont, Whitwell said.

Delaware's statute of limitations would have barred Whitwell's suit, so it was filed in federal court to leverage the Vermont statute of limitations, which is six years past the time of the abuse or six years after the damage caused by the abuse is recognized.

"A civil window is the single most effective step we have toward preventing future abuse," Whitwell said Friday. "It exposes the predators now and it exposes people who enable the abuse, who protect those people, who shield molesters, who destroy documents. We know there are people out there who don't want this to get out into the open."

The legislation is meant to address abuse by individuals and the institutions that employ them. It does not target the Catholic Church or any other group, said Lavelle, who is Catholic.

"It's much broader than that," he said. "This impacts anyone whose charge it is to be responsible and watch over children; Boy Scouts, Girl Scouts, the YMCA, day cares, private schools."

Split support

Tony Flynn, lawyer for the Catholic Diocese of Wilmington, which includes parishes throughout Delaware and the Eastern Shore of Maryland, said the diocese generally supports changing the civil statute.

"We think whatever clock runs against a victim of sexual abuse should not begin to run until they are an adult," Flynn said. "If you create a period of time long enough, you can deal with the valid concern that victims of sexual abuse as minors have difficulty coming to grips with the abuse and its effects."

But, he said, the diocese sees problems in the "discovery approach," in which the time limit does not begin until the victim remembers the abuse or realizes that emotional or physical difficulties were the result of the abuse. And it would "vigorously oppose" any effort to revive claims already barred by the statute of limitations.

"There are a number of ways to deal with this, so I'm not drawing a line in the sand for this particular solution," Lavelle said. "I view this as the beginning of a public discussion."

Extending the two-year civil limit has broad support, Lavelle said. Addressing old claims with a retroactive bill is likely to face tougher debate.

Retroactive problems

Delaware lawmakers removed the statute of limitations for criminal prosecution of child sexual abuse a few years ago, including a window of opportunity during which older cases could be revived and prosecuted. But shortly after that bill was signed into law, the U.S. Supreme Court ruled on a similar case, striking down the retroactive window as unconstitutional.

"But the average age of an abused child is 9 years old," Peterson said. "What child is going to hire an attorney and file suit before he or she is 11? And with a lot of older cases people from my generation didn't talk about it. If you did, you got spanked and sent to your room. It was a whole different mentality in those days. You didn't cause problems in the family."

Reviving old cases raises many problems, Flynn said.

"Somebody abused 50 years ago could file suit," he said. "The evidence is lost, the witnesses are lost, dead or unavailable, documents are difficult to find in my view that is a denial of due process. Once a claim is barred by operation of a statute, a defendant has the right to rely on that and clear the books of the claim. Insurance programs and risk management are all predicated on what the statutes of limitation are. If you buy insurance and the rules change, you're stuck."

Ed Burke, a member of St. John's-Holy Angels parish near Newark who was abused by a priest as a boy in Iowa, said the law would give children justice and additional protection. He works with the northern Delaware chapter of Voice of the Faithful, formed to support survivors of priest abuse.

"My hope is that the state legislators will take the high ground and force the spiritual leaders to offer some form of justice to the abused, who in many cases have suffered from years of neglect," he said.

Flynn doubts legislators have enough time to devote to such a significant issue before their June 30 deadline.

"There are only 16 legislative days left in June," he said. "I doubt they can have the kind of discussion and analysis that's required for a bill of such sweeping scope. It's something that deserves more reflective consideration."

And, Flynn said, the bill still doesn't address another arena of abuse.

"If the aim of the bill is to prevent abuse, which is a major priority of the church, we're leaving untouched in this legislation a place where abuse occurs the public school system," he said. "It is immune from these suits."]]> Senate plan would end time limits on child sex abuse cases http://www.yourlawyer.com/articles/read/11789 Fri, 26 May 2006 00:00:00 -0700 http://www.yourlawyer.com/articles/read/11789
Some victim advocates say the plan doesn't go far enough because it doesn't specifically include incest and some sex crimes against older teens.

And defense attorneys say eliminating statutes of limitations is generally a bad idea because it lets alleged victims lob allegations sometimes decades after the fact, when memories have faded and potential witnesses may be hard to track down.

Sen. Steven Tolman, the sponsor of the budget amendment, said the crime of child sexual abuse is so heinous, the change is justified.

"Too many of these predators have been able to hide behind the veil of a technicality," said Tolman, D-Boston. "There should be no leeway for that type of crime."

The state has to maintain a delicate balance between giving alleged crime victims enough time to bring accusations and the needs of those being accused to have a chance to mount a fair defense.

The greater the time between the alleged crime and the accusation, the harder that job becomes, according to John Reinstein, legal director for the ACLU of Massachusetts.

"A statute of limitations is in some respect an arbitrary figure, but one that is rooted in real concerns about the fairness of the proceedings," he said. "These things ought to be brought in a timely manner."

Tolman said he understands those concerns, but said child sex abuse is a unique kind of crime. Many children who are abused can suppress those memories well into adulthood.

The amendment deals with narrow group of crimes, including indecent assault against a child under 14, indecent assault against a mentally retarded person, and rape of a child under 16.

Jetta Bernier of Massachusetts Citizens for Children said she was disappointed senators narrowed the scope of the original bill, which had included other crimes such as incest.

"A third of a loaf is not enough," she said. "As far as we're concerned we want the whole loaf."

The push to lift the statute of limitation comes in the wake of the clergy sex abuse scandal in the Catholic Church in Massachusetts.

An investigation by Attorney General Tom Reilly found in 2003 that at least 1,000 children were likely victimized by more than 235 priests and church workers from 1940 to 2000.

But since the scandal first erupted in Boston in 2002, only handful of priests have been prosecuted in Massachusetts criminal courts in many cases because the statute of limitations had run out.

Carmen Durso, a Boston lawyer who has settled dozens of sexual abuse lawsuits against the Boston Archdiocese, said the statute of limitations should also be lifted for sexual assault against children over 14 because some sexual predators will deliberately wait until a child is older.

"We are giving perpetrators a way of avoiding prosecution," he said.

Tolman defended the narrower language, saying it improved the chances that the changes would become law.

"We wanted to keep it clean and crisp," he said.

Middlesex District Attorney Martha Coakley, whose office won a high-profile conviction last year against former priest Paul Shanley for rapes that occurred in the 1980s, said she also supports lifting the statute of limitations. She said due to the nature of the crime, some victims cannot come forward until later in life.

She downplayed concerns that the change would bring a flood of criminal prosecutions.

"We look at these cases very thoroughly," Coakley said. "If it's a questionable case, or there isn't enough evidence, the district attorney isn't going to bring the case in the first place."

The amendment now heads to a six-member House and Senate conference committee charged with hammering out differences between the House and Senate versions of the state budget. The House hasn't debated the statute of limitations bill and didn't include it in their budget.

Gov. Mitt Romney's communications director Eric Fehrnstrom said the governor supports stronger laws against child sex abusers, but hasn't seen this legislation.]]> Sex-abuse coalition pushes legal change http://www.yourlawyer.com/articles/read/11599 Tue, 25 Apr 2006 00:00:00 -0700 http://www.yourlawyer.com/articles/read/11599
"To this day, I still shudder inside," Guarino, 42, said in a 15-minute DVD recording that was shown yesterday during a forum organized by a coalition of advocates for victims of alleged sexual abuse by Catholic priests, along with other advocacy groups.

The DVD, which includes accounts from alleged victims and their family members, will be sent to state lawmakers to encourage them to adopt reforms recommended last fall by a grand jury that investigated alleged abuse by Philadelphia priests.

"To get people's attention and help them really understand the issue, it's really important to hear from survivors," said John Salveson, a spokesman for the Philadelphia chapter of the Survival Network of Those Abused by Priests and Other Clergy.

The coalition, PA Child Abuse Reporting and Enforcement Systems supports a bill that would lift the statute of limitations on criminal charges for sexual offenses against children, currently a victim's 30th birthday. The coalition also wants lawmakers to waive, for one year, the statute of limitations on civil lawsuits, which generally must be filed within two years of an alleged incident.

The Pennsylvania Catholic Conference, which lobbies on behalf of Pennsylvania's Catholic churches, has opposed the one-year window for civil lawsuits, arguing that it would be unfair and costly to churches. The conference has not taken a position on lifting the criminal statute of limitations.

Sister Maureen Paul Turlish, of New Castle, Del., an advocate for clergy sex-abuse victims, said it was "imperative" for victims seeking redress for abuse that occurred many years ago to have a limited opportunity to seek civil damages.

"It's not an anti-Catholic thing - if it were, I wouldn't be here," Turlish said. "It's for all the children."

In an interview after the forum, Guarino, who now lives in Laurel, Md., said he sometimes gets discouraged that lawmakers have not acted on either bill, but he still feels it is important for him to make his voice heard.

"It's an important cause, and people need to stick with it," said Guarino, who sued the Greensburg Diocese in western Pennsylvania last year, alleging the abuse almost 30 years earlier. "I feel, over time, we will gain more support."

The bills were recommended in the grand jury report released in September.]]> Deal Reached in Franciscan Sex Abuse Suits http://www.yourlawyer.com/articles/read/11486 Tue, 14 Mar 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/11486
The deal marks the first settlement involving the Los Angeles Archdiocese since the sex-abuse scandal began four years ago. It comes as lawyers were preparing to try the first cases against the Franciscan Friars of California and the Los Angeles Archdiocese for failing to protect children from predatory priests.

"We are delighted to see the successful resolution of these cases involving the Franciscans and would hope it would stimulate comparable participation with other orders as well," said attorney J. Michael Hennigan, who represents Cardinal Roger M. Mahony in the clergy sex-abuse litigation. The archdiocese, slated to contribute less than $2 million, is still working with insurers to come up with its share of the settlement, he said.

Though named in most of the lawsuits, the archdiocese played a minor role in the proposed deal, according to lawyers, because Franciscan priests and brothers allegedly molested most of their victims at the now-defunct St. Anthony's Seminary in Santa Barbara. A few cases involved Franciscans at church parishes within the archdiocese.

"It is far and away the Franciscans who are funding the settlement," said attorney Brian Brosnahan, who represents the Oakland-based religious order.

Los Angeles County Superior Court Judge Charles W. "Tim" McCoy brokered a tentative agreement late last week, according to court spokesman Allan Parachini. The judge plans to finalize the details this week.

The settlement represents a small fraction of the claims filed against the archdiocese since 2002, when a state law allowed alleged victims to sue for decades-old sexual abuse. Plaintiffs' lawyers have estimated that these cases could cost the archdiocese and its insurers as much as $1 billion to resolve.

Father Melvin A. Jurisich, provincial minister of the Franciscan Friars, Province of Santa Barbara, said his order was trying to do the right thing. "It's not over for the victims. It's not over for us," he said in an interview Monday. "All we can hope for is that healing can begin."

Under the agreement, 22 alleged victims will be paid $1.275 million each, lawyers said, among the largest per-claim amounts in any group settlement against the Catholic Church in California. It is on par with the Orange Diocese's record payment of $100 million to 90 victims, who each collected between $75,000 and $3.8 million, according to court documents.

The remaining three will receive about $100,000 each, lawyers said.

Attorneys for all sides are closely monitoring the settlement amounts because they could set a benchmark in the remaining cases against the Los Angeles Archdiocese and other dioceses in Southern California.

"Every case that settles sets some precedent," Hennigan said, calling the Franciscan settlement "a little high."

But Raymond P. Boucher, court-appointed liaison counsel for the more than 560 people suing the archdiocese, said the benchmark will be even higher for the remaining Los Angeles cases because, unlike archdiocesan priests, Franciscan friars take a vow of poverty and as a result, the order cannot pay more.

"We felt that this was fair and appropriate under the circumstances," Boucher said.

The Franciscans plan to put some of the $23 million from last year's sale of the seminary property in downtown Santa Barbara toward the settlement, he said. Insurers also will contribute.

The Franciscans also agreed to let a judge review for possible public dissemination hundreds of pages of internal church documents as well as depositions in the current litigation, attorneys said. The documents are expected to show how the order handled sexual abuse allegations among its clerics.

Jurisich also met privately with 14 of the alleged victims to apologize.

Ten current and former Franciscans were accused in lawsuits of fondling, masturbating, orally copulating and sodomizing the 23 men and two women from the 1950s until 1987, when the seminary closed for financial reasons.

Three of the accused priests are dead; four have been removed from ministry; and two of the three remaining are living with restrictions in Franciscan retreat houses, Jurisich said. The other is a priest in the Oakland Diocese.

Nearly half of the settled claims involve Mario Cimmarrusti, who was the prefect of discipline at St. Anthony's Seminary in the 1960s. Ten boys have accused him of molesting them. Cimmarrusti now lives at a Franciscan retreat house in Danville in Northern California and is barred from leaving there unsupervised, Jurisich said.

Four other claims involve convicted child molester Robert Van Handel, who was sentenced in 1994 to eight years in prison for molesting a 14-year-old boy while director of the Santa Barbara Boys Choir. He is a registered sex offender living in Santa Cruz, according to Jurisich. He is no longer a priest.

Another former priest, Gus Krumm, was removed from a Portland, Ore., church in 2002 after he informed church officials of "indiscretions" in the 1970s and 1980s. In 1995, the Franciscan Friars paid an undisclosed amount to a former seminary student who accused Krumm of abusing him. Another man sued, saying Krumm also abused him. He is part of the settlement.
]]> Bishops back bill for future sex-abuse prosecution cases http://www.yourlawyer.com/articles/read/11466 Mon, 06 Mar 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/11466 As state lawmakers consider whether to allow victims of childhood sex abuse to sue over cases from 30 and 40 years ago, they’re also deciding whether to get rid of a time limit for prosecuting child molesters from now on.

Currently, victims of childhood sex abuse have until they turn 33 to sue the alleged abuser and until age 28 to pursue criminal charges.

Victims advocates say that such statutes of limitations favor abusers because they can make their young victims afraid to ask for help and those victims may only come to terms to what happened to them when the current deadlines have passed.

Rep. Rosemary Marshall and Sen. Paula Sandoval want to lift those limitations on criminal prosecutions for any abuse that occurred after July 1, 1996. Cases that occurred before that date could still be prosecuted under the bill as long as the statute of limitations won’t be reached by July 1, 2006. The measure (House Bill 1088) also originally would have done away with the statute of limitations for future civil lawsuits but that has now been eliminated.


Colorado’s three Catholic bishops announced Friday that they support the amended proposal, which is set to be reviewed Wednesday by the Senate Judiciary Committee.

The bishops oppose another bill (Senate 143) sponsored by Senate President Joan Fitz- Gerald which would open the church and other private institutions to lawsuits over old sex abuse cases because government institutions, like public schools, wouldn’t be open to the same kinds of lawsuits. State law protects government agencies from being held liable for more than $150,000 per claim although they sometimes can be sued in federal court under civil rights law.

]]> Expert testifies diocese kept sexual abuse a secret http://www.yourlawyer.com/articles/read/11376 Fri, 17 Feb 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/11376
A judge will continue to hear arguments today that could sway him to rule the statute of limitations has expired in a civil suit against the Diocese and the Society of Jesus. A trial is scheduled for Feb. 27.

If the case of Jane Doe 2 gets to trial, it would be the first of more than 90 civil suits filed in Alaska to make it to a jury. Nome Judge Ben Esch recently severed the Rev. James Poole from the suit. Attorneys for the diocese and Jesuits argue Esch also should throw out the claims against church leaders.

Jane Doe 2 and her attorneys argue the diocese and Jesuits knowingly allowed Poole to prey on children in Nome and other western Alaska parishes.

"A smoking gun" is how Doe attorney described a 1986 letter from the late Bishop Michael Kaniecki found in documents only recently turned over the plaintiffs by the diocese.

The letter is a response by Kaniecki to another woman's sexual abuse complaints about Poole, which occurred 20 years earlier. One of Jane Doe's attorneys argued the letter confirmed that Poole's sexual abuse practices were known to go back to the mid 1960s.

Another of Doe's attorneys, said the church had a secret policy and system in place to keep such charges secret.

An expert witness with an extensive background in canon law and church administration, including serving for five years in the Vatican embassy, testified that church officials cast a cloak of secrecy around the sexual practices of the priesthood.

The Rev. Thomas P. Doyle, a Dominican priest, said canon law is "the internal regulatory system used by the Catholic church" since the fourth century and to his knowledge the first civil case ever filed against a priest for child sexual abuse was in 1984, in Lafayette, La.

Doyle said the church did have rules regarding clergy engaging in misconduct with children that included how to conduct preliminary investigation and procedures. However, in March 1962, the Vatican installed a code dealing with four types of clergy malfeasance that was issued in secrecy to bishops around the world.

Doyle said that secrecy code wasn't replaced until 2001.

If anyone involved with a clerical complaint--plaintiff or defendant--broke the silence, they were automatically excommunicated, Doyle said.

Diocese attorney Robert Groseclose objected several times during the proceedings, saying canon law should be set aside.

"We are dealing with the law of the state of Alaska," he said. "A person needs to bring a lawsuit within a certain length of time."

The evidentiary hearing allows lawyers an opportunity to introduce trial evidence and witness testimony to determine whether or not Jane Doe 2 could or should have reported the abuse before the statute of limitations.

For criminal offenses against children 16 and under, Alaska law says the statute of limitations runs out three years after discovery of the injury. For crimes committed against children after the age of 16, charges must be brought within two years of the victim's 18th birthday.

According to Doe's deposition, she told of reporting the sexual abuse by Poole and a subsequent abortion to two different priests in the confessional, one in 1977 and another in 1991, and received no direction.

Doyle said the priests acted inappropriately.

"Given the gravity of what she was confessing, they should have instructed her to make a report to a proper superior, and all she got was some prayers," Doyle said.

Frederick Wise of the University of Washington, a clinical psychologist and defense expert witness, said Doe has a number of impairments, including substance abuse and borderline personality disorders. But he concluded she was capable of advocating on her own behalf.

And when asked if she understood the causal effect a certain action incurs, Wise said Doe understood the concept, pointing out she attempted suicide "to get her parents to quit drinking, among other things."

David J. Sperbeck, a licensed forensic psychologist with more than two decades of experience in Alaska and the plaintiff's expert witness, said Doe has "significant psychological problems, including early onset chronic depression since childhood, post traumatic stress syndrome, alcohol and cannabis abuse and a probable social disorder."]]> Molest victims' mother tells of her trust for accused priest http://www.yourlawyer.com/articles/read/11303 Tue, 07 Feb 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/11303
"Did you love him deeply?" a prosecutor asked Margaret Percival as retired priest Michael Wempe sat just a few feet from her in court Monday.

"Deeply," she replied. "Like a brother. I did. He was part of my family. He was always there."

Asked by Deputy District Attorney Todd Hicks how she feels about Wempe now, she bit her lip and said through tears: "I despise him for what he has done to my children."

Wempe, his face flushed, mopped his eyes with a handkerchief as Percival broke down in sobbing.

He has admitted molesting her two older sons but denies the youngest man's allegation, which is the only claim that could send him to prison. The statute of limitations for crimes committed against the older two has expired.

Percival, 64, a native of Yorkshire, England, who lives in Thousand Oaks, told jurors about her two unhappy marriages and her delight when the charismatic priest took an interest in her sons.

"Wempe would spend more time with my boys than anybody else," she said. "He would pick them up on his motorcycle and take them to do everything a father would do.

"I felt proud that he wanted to spend time with my boys," she said.

She said she never suspected the priest, not even when he was sent away from their parish for a long time. One day, she said, a letter arrived from Wempe announcing he was back as chaplain of Cedars-Sinai Hospital in Los Angeles.

"I was just glad he was back and a few weeks later he came to my house," she testified.

She said he told her he had been in New Mexico on church business but did not disclose he was undergoing treatment as a pedophile.

By then, Percival said, her two older sons had left home but she suggested that perhaps Wempe would like to spend time with her youngest child, identified in court as Jayson B. He was then 8 years old.

"It was my idea," she said, adding the priest seized the opportunity to take the boy on visits to his office at the hospital. It was there Jayson said he was abused.

Although the mother is not a witness to the molestations, she corroborated Jayson's account of his visits with the priest and said she saw the boy undergo a personality change.

"He was a lovely little boy, my little ray of sunshine," she said, weeping. "But as he got older he grew more distant from me. He wouldn't talk to me."

Jayson's 36-year-old brother, Lee B., testified earlier, denying that he was "obsessed" with trying to put Wempe behind bars at any cost.

Wempe's lawyer, Leonard Levine, has suggested that Lee and his brother Mark urged Jayson, now 26, to falsely accuse Wempe of molesting him after the U.S. Supreme Court rejected prosecution of cases such as theirs because they were beyond the statute of limitations.

Wempe, 66, had been charged with crimes against 13 boys, all of which he now admits, but all of those fell outside the statute of limitations.]]> Bishops seek parity in application of protection http://www.yourlawyer.com/articles/read/11285 Sat, 04 Feb 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/11285
Pueblo's Bishop Arthur Tafoya joined Denver's Archbishop Charles Chaput and Colorado Springs' Bishop Michael Sheridan for the statement, issued Monday.

Proposals by state Reps. Rosemary Marshall, D-Denver, and Gwyn Green, D-Denver, along with state Sen. Joan Fitz-Gerald, D-Golden, and state Rep. Alice Madden, D-Boulder, "would eliminate or modify statutes of limitation so that a childhood sexual abuse victim could wait 30 years, 40 years, or even longer before filing a suit for damages against Catholic institutions and other private entities in Colorado," the bishops said.

But, the bishops complained, the proposed legislation would not affect public entities such as public schools and there appears to be unequal applications of justice - "a soft version when the sexual offender works for a public entity, and another, much harder version, when the offender works for a Catholic or private institution."

The House Judiciary Committee unanimously approved a measure Thursday (House Bill 1088) that would remove criminal and civil limits on the statute of limitations for sex offenses against a child.

The proposed law would apply to private institutions, including churches and private colleges, but would not include public institutions, including schools or police.

Rep. Rosemary Marshall, D-Denver, said her bill is not directed at any specific organization, but some lawmakers disagreed.

‘‘This was intended to be about the Catholic Church,’’ said Rep. Cory Gardner, R-Yuma.

The Roman Catholic Church, nationwide, has been driven to extreme fiscal difficulties by virtue of a seemingly endless series of lawsuits filed against dioceses for sexual abuse of children by priests, brothers and others.

Nationwide, more than $1 billion has been paid by dioceses to settle claims that number in the thousands.

In the Pueblo diocese, headed by Tafoya, more than a dozen lawsuits have been filed in connection with allegations of abuse against William Mueller, a Marianist brother who taught in the late 1960s at Roncalli High School.

The Denver archdiocese also faces scores of lawsuits in connection with allegations against a now-resigned priest, Robert White.

The Colorado lawsuits were filed over charges of molestation allegedly perpetrated decades ago.

‘‘We now have a lot of victims coming forward who have no way to seek any justice,’’ said Fitz-Gerald, a Catholic. ‘‘I’m trying to give people who have been abused their day in court and let juries sort it out.’’

Said the trio of bishops in response: "We all agree that the sexual abuse of a minor is a serious crime and a grave sin. The proposed pieces of legislation, whatever their final form, and whether they’re pulled from consideration or move forward, have sparked an important discussion (about) Colorado's public policy on civil lawsuits arising from such sexual abuse."

The three bishops said that, "Nationally, the evidence is now irrefutable that sexual abuse and misconduct against minors in public schools is a serious problem - in fact, more serious than anywhere outside the home, including churches. Since most Catholic children in Colorado attend public schools, this should seriously concern the whole Catholic community."

The bishops said that the state’s sovereign immunity protection limits a family’s ability to sue a public school or public institution for sexual abuse of a child. Even without such immunity, the bishops said, the victim of a public school teacher's misconduct must begin a claim by filing a formal notice within 180 days after the incident and damages are capped at $150,000.

"Why can a victim of teacher or clergy abuse in a Catholic school or parish wait a lifetime before initiating such litigation, while the victim of exactly the same and even more frequent abuse in a public-school setting loses his or her claim by waiting 181 days?” the bishops asked.

And, they asked, "Why should a Catholic institution that is sued for such conduct be liable for massive, community-crippling damages, while guilty public institutions - even if sovereign immunity were waived - would face a mere $150,000 damages?”

The statement did not make it clear whether it sought harsher liabilities and extending a statute of limitations for the civil institutions or whether it was seeking the same protections a "soft version" for churches, priests and dioceses.

There was, however, an indication of regret about the multiple abuses that have rocked the church, locally and nationally: "Catholics have learned about the national scope and human impact of sexual abuse the hard way. As bishops, we are wholeheartedly committed to helping victims heal and doing everything we can to protect our families in any Church-related environment.

"But the facts clearly show that the sexual abuse of minors is in no way a uniquely - or even disproportionately - ‘Catholic’ problem."]]> Diocese of Spokane offers $45.7 million to settle abuse cases http://www.yourlawyer.com/articles/read/11305 Thu, 02 Feb 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/11305
The plan sets a course for Spokane to follow the Diocese of Tucson, Ariz., which agreed to a $22 million plan to emerge from bankruptcy last summer. It leaves Portland as the only diocese in bankruptcy without an agreement.

Portland became the first diocese in the country to seek bankruptcy protection from priest abuse litigation in July 2004. The archdiocese has proposed a plan that makes available about $40 million, but attorneys for about 100 people involved in the case have called it insufficient. They say they will propose their own plan in the next two weeks.

Spokane, Tucson and Portland are independent Roman Catholic dioceses, and the bankruptcy cases are separate.

"There's no direct effect on Portland at all," said Albert N. Kennedy, lead bankruptcy attorney for the Portland claimants. "It is encouraging that the Diocese of Spokane and at least some of the creditors have been able to come to an agreement. It helps us remain confident that in the next few months we'll be able to reach an agreement with the Archdiocese of Portland and bring this to a conclusion by midyear."

Bud Bunce, a spokesman for the Portland Archdiocese, said Spokane had taken a significant step.

"We know this has been a very difficult process for everyone involved, and our prayers are with them as they bring this process to a close," Bunce said.

In Spokane, people on both sides said they were pleased to have reached a deal.

"The deepest feeling I have is a sense of accomplishment that our children and grandchildren are safer and much more protected," said Mike Shea, an abuse victim and member of the committee that negotiated the deal.

"We want to make sure this doesn't happen again," said Brad Norton, another victim who served on the committee.

The committee has endorsed the plan, though the claimants must give final approval in the next few months.

Bishop William Skylstad, who is head of the U.S. Conference of Catholic Bishops, publicly apologized to the victims "for the terrible wrongs inflicted on you in the past" and urged Catholics to accept the proposed settlement.

"To those of you who say this settlement will be a burden, I would say that this scandal is a burden we can no longer afford not to resolve," Skylstad said.

James Stang, a Los Angeles lawyer representing Spokane claimants, said the settlement includes the following conditions:

Skylstad will go to each parish where abuse occurred to identify the clergy members who committed the abuse.

Abuse victims will be able to address parishes.

The diocesan newspaper will devote space to victims to write about their experiences.

The diocese will refrain from referring to claimants as "alleged victims."

In addition, the proposal calls for Skylstad to advocate for abolition of statutes of limitations on sex crimes, and to write letters to people who were abused and to their families, Stang said.

The bishop also committed individual parishes to help pay for settlement costs not covered by insurance companies.

The settlement would cover only people who have already filed lawsuits or claims against the diocese. There is no provision for anyone else who might bring a claim in the future. The diocese covers 82 parishes across Eastern Washington.

In Portland, the case could settle soon or drag out for months or even years if the two sides do not reach an agreement.

The next major step is expected to be the announcement of a plan by a committee of people who have accused priests of abuse. It is expected to be filed before a scheduled Feb. 14 hearing on key issues relating to the archdiocese's $40 million plan.

Last month, U.S. District Judge Elizabeth L. Perris ruled that about 100 cases that had been on hold could go to trial. Perris said a few jury verdicts could help establish a "value" for settling cases.

No dates have been set, but it is expected that a handful of trials could begin later this year.

More than 18 months after the Portland Archdiocese filed for bankruptcy, several issues remain in dispute, including how much the archdiocese has available to pay claims.

The archdiocese contends that it is holding more than $100 million in cash and investments as well as potentially several hundred million in church real estate in trust for its parishes and therefore cannot use it.

In a decision involving 10 test properties, Perris ruled in December that parishes are not separate legal entities. She left open a question about whether selling a certain number of churches might violate the federal Religious Freedom Restoration Act.]]> Judge approves settlement of up to $85 million in church sex abuse case http://www.yourlawyer.com/articles/read/11259 Wed, 01 Feb 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/11259
Special Judge John Potter said in a 15-page ruling Tuesday the abuse prevented many victims from reaching their full potential later in life.

“Because each child experienced the abuse before he or she had a chance to develop or otherwise indicate the probable trajectory of his or her life,” Potter wrote, “there is no way to predict what the future would have held for that child absent the abuse.”

The settlement, one of the largest deals the church has reached, covers 361 victims who claim they were abused over a period of 50 years by priests in a diocese that once included 57 counties across a large swath of Kentucky. Potter said a desire by the Covington Diocese to make reparations to the victims contributed to the settlement.

“Contrary to what might be the case in other dioceses, the court believes that this professed desire is genuine and played a significant role in the diocese's decision,” he wrote.

The Covington settlement may equal a 2003 Boston Archdiocese payout to 552 people, but it is less than a Diocese of Orange, Calif., agreement in 2004 to pay $100 million to resolve about 90 abuse claims.

The diocese originally had agreed to pay up to $120 million to abuse victims, saying it would pay out $40 million and its insurance companies would pay up to $80 million, which would have made it the largest church sex abuse settlement in the country.

Attorneys have said the original figure was based on an estimate that 700 to 800 victims would come forward, but only half that number made claims, cutting the need for insurance money.

In a statement, the Diocese of Covington said it is pleased with the settlement, believing that it can “promote healing both for the many victims who were abused and for the Diocese itself.”

The diocese, based in Covington just south of Cincinnati, sued its self-insurance plan to force it to contribute its share to the settlement fund. That case settled in January.

The victims will receive varying amounts, based on the severity and duration of the abuse they suffered. Some money also will be set aside to pay for counseling for abuse victims.

Victims will receive awards ranging from $5,000 to $450,000, and those in the highest category of abuse will be eligible to apply to a special fund for extraordinary claims.

Overall, the cost to U.S. dioceses from sexual predators in the priesthood has climbed past $1 billion since 1950, according to tallies by American bishops and an Associated Press review of known settlements. Researchers commissioned by the bishops found more than 11,500 abuse claims against priests over those five decades.

If the total amount needed in Covington exceeds $85 million, the payments will be “ratcheted down” to fit under the $85 million cap, Potter wrote.

The Boone County court has received confidential forms from 382 people saying they were abused by a priest or other employee of the Covington Diocese. Twenty-one of those claims were rejected, but the rest from that group will be able to submit claims.

The class-action settlement comes on top of 58 cases settled by the diocese with other people who had claims of abuse. The diocese paid $10.8 million to settle those cases, Potter wrote.]]> Some major settlements in Catholic clergy abuse cases http://www.yourlawyer.com/articles/read/11260 Wed, 01 Feb 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/11260
Diocese of Orange, Calif., 2004, $100 million for 90 abuse claims.

Diocese of Covington, Ky., 2006, up to $85 million for 361 people.
Archdiocese of Boston, 2003, $85 million for 552 claims.

Diocese of Oakland, Calif., 2005, $56 million to 56 people.

Archdiocese of Louisville, Ky., 2003, $25.7 million to 243 victims.

Diocese of Tucson, Ariz., 2005, agrees to fund a settlement trust worth about $22 million for more than 50 victims as part of a plan to emerge from bankruptcy protection.

Diocese of Providence, R.I., 2002, $13.5 million to settle 36 claims.
]]> Roman Catholic Bishops Bill Deals With Child Sexual Abuse http://www.yourlawyer.com/articles/read/11248 Tue, 31 Jan 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/11248
"On a matter as ugly and grave as the sexual abuse of minors, exactly the same civil and criminal penalties, financial damages, time frames for litigation and statutes of limitations should apply against both public and private institutions and their agents," the statement said issued Monday said.

It was signed by Archbishop Charles Chaput of Denver, Bishop Michael Sheridan of Colorado Springs and Bishop Arthur Tafoya of Pueblo.

Senate President Joan Fitz-Gerald and House Majority Leader Alice Madden introduced their measure Friday making it easier for victims to sue the church and other private groups by extending the statute of limitations in cases in which an institution or another person could be held "vicariously liable" for a perpetrator's acts.

The bill would not affect sex-abuse complaints against employees of public schools or government entities -- which is unfair, the Catholic Archdiocese of Denver argues.

More than two dozen lawsuits have been filed alleging sexual abuse by a priest whom the victims claim the the church knew had molested other children.

"We now have a lot of victims coming forward who have no way to seek any justice," said Fitz-Gerald, D-Coal Creek Canyon, who is Catholic. "I'm trying to give people who have been abused their day in court and let juries sort it out."

Hundreds of cases were filed against the Catholic church in California after lawmakers recently opened a one-year window suspending statutes of limitations for child sexual abuse lawsuits.

With some exceptions, child sex-abuse victims in Colorado must file by the time they're 24.

Under the proposal, some damage limits would be lifted and lawsuits could be filed even if the alleged abused has died.

Other bills in the House would abolish the statute of limitations for child sexual abuse in criminal cases and in some civil cases, including those involving any future incidents of abuse.]]> Diocese caught off guard by furor http://www.yourlawyer.com/articles/read/11249 Tue, 31 Jan 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/11249
"I believe we do have a moral obligation to look into this," said the Rev. James T. Mahoney, the vicar general and No. 2 official in the Roman Catholic diocese. "I know of no family that would be comfortable with a sexual abuser living near them."

But as the diocese mulled the issue, some of James T. Hanley's victims began taking matters into their own hands. Mahoney's statement came one day after the victims blanketed Hanley's Paterson neighborhood with leaflets describing his case. They said Monday that was just the beginning.

"He will be looking over his shoulder as long as he is still alive," Ray Skettini said. "Someone has to do it. The church has washed their hands of this."

Hanley said Monday that all the attention -- including an angry confrontation with the victims near his apartment Sunday -- had prompted him to consider moving.

"No matter what I do, I'm dead in the water," Hanley said. "They're going to come after me."

The 69-year-old Paterson native said he spent most of Monday "just wandering around," away from his home, including a visit to a park in Hunterdon County.

Hanley admitted in a sworn statement that he molested at least 15 boys from 1968 to 1982 at parishes in Mendham, Pompton Plains and Parsippany and was removed from the priesthood nearly three years ago.

Because victims waited years before coming forward, the statute of limitations barred prosecution, so he was never charged and did not have to register as a sex offender under Megan's Law.

But a news article in The Record, in which Hanley told his story publicly for the first time, prompted the victims to go to Hanley's neighborhood Sunday to warn people that a sex offender was living among them.

While they were doing so, Hanley showed up, sparking a tense showdown.

He said Monday that he "was moved by the Holy Spirit" to confront his victims.

Despite his admissions, Hanley insists some of the accusations against him have been exaggerated. He said he molested about 12 boys, but was sick with alcoholism and bipolar disorder. He says he hasn't molested anyone since the early 1980s.

"I feel really at peace with what happened Sunday," Hanley said. "I had to let them know what was on my mind."

But the showdown only infuriated the victims.

Skettini, for example, said it convinced him Hanley was still dangerous.

"At first, I was wondering whether we were going too far," said Skettini, who said he was molested as a 12-year-old at Our Lady of Good Counsel Church in Pompton Plains. "But when he showed up, he certainly showed me this is what exactly has to happen."

The 49-year-old Sussex County man added: "He still has that charisma. And if somebody doesn't know about him, he could find a way to get children on his lap."

Victims say the diocese should have monitored Hanley after removing him from the priesthood in 2003. Church officials conceded Monday that they did not know Hanley had recently moved from South Paterson to another part of the city.

"Our first inkling was watching him on TV," Mahoney said.

The victims also lambasted the church for paying Hanley a stipend of around $2,100 a month. The diocese questioned Monday whether that amount was accurate, but Hanley provided The Record with a 2003 letter from church officials promising him $2,060 a month.

Mark Serrano, who said he was abused for seven years by Hanley, called on Paterson Bishop Arthur Serratelli to meet with residents of Hanley's neighborhood and to require Hanley to undergo periodic evaluations.

"We are talking about an admitted child molester who takes a paycheck from the bishop," Serrano said. "Isn't there a minimum standard of responsibility here?"

Serratelli and other church officials said the diocese has no legal standing because Hanley is no longer a priest and doesn't live on church property. They argue the church can't act as a law enforcement officer.

"The obligation for any surveillance would fall to the state and not the diocese, because Jim Hanley has been severed from the diocese of Paterson," Serratelli said in a prepared statement.

Nevertheless, by day's end, Mahoney said the diocese had decided to rethink the matter. He said the diocese would soon hold discussions with priests, its lawyer and the board that reviews accusations against priests.

"We have to be so careful that we protect the rights of everyone," Mahoney said. "Both the victims and the accused."

An official with the Passaic County Prosecutor's Office said the Hanley case is one of many cases that fall through the cracks. The statute of limitations on sex assault already was revoked in 1996, but that action didn't affect older cases.

"I think this case highlights the limitations of the sex offender registry program," said Joseph Del Russo, chief assistant prosecutor. "The requirement for community notification is you have to have been convicted."

Del Russo said victims could petition the Legislature to amend Megan's Law to force offenders like Hanley to register.

He said it would be highly unusual if the diocese, or any other employer, sought to monitor former employees.

"You don't hear of Verizon or Merrill Lynch having any obligation," he said. "It would open a real Pandora's box of liability for employers."]]> Tearful plaintiff testifies of abuse http://www.yourlawyer.com/articles/read/11254 Tue, 31 Jan 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/11254
The 26-year-old witness, identified as Jayson B., described five instances of sexual abuse he said Michael Wempe subjected him to. He said they took place about a year apart, once at Wempe's office at Cedars-Sinai Medical Center and other times in parking garages in Wempe's car.

He said he didn't tell anyone what had happened, adding that Wempe's long-standing relationship with his family made him a figure of trust.

"It was Father Mike. It was difficult to think anything he could do was wrong," he testified during his second day on the witness stand.

Wempe has admitted molesting 13 other boys in the 1970s and '80s, including Jayson's two brothers, but cannot be tried in those cases because the statute of limitations has expired. He has denied molesting Jayson B, however, and his lawyers say the man fabricated the charges in an effort to seek vengeance for his brothers.

Jayson came forward three months after the U.S. Supreme Court struck down a law allowing the statute of limitations to be extended in sex-crimes cases involving children.

Wempe, 66, is the first priest from the Roman Catholic Archdiocese of Los Angeles to be tried on new charges after being freed by the 2003 Supreme Court ruling.

As Deputy District Attorney Todd Hicks sought intimate details about the alleged assaults, Jayson covered his face and sobbed. Before every answer, he took long gulps of air and covered his eyes with his hand.

"I don't like talking about this," he said. "I didn't want anyone to know about this and now I'm talking about it in front of all these people."

Jurors sat impassively as the testimony became prolonged, few of them taking notes.

Jayson said the abuse occurred after Wempe returned from therapy at a monastery in New Mexico where he had been treated for inappropriate behavior with boys without specific evidence of molestation. The archdiocese later assigned him to be the Catholic chaplain at the Jewish Cedars-Sinai hospital.

The former priest calmly took notes in court as Jayson testified. His behavior was markedly different from last week when the jury heard from a series of seven men Wempe has admitted abusing. When they told their stories, the priest wept.]]> 200 File New Claims Against Archdiocese http://www.yourlawyer.com/articles/read/11144 Wed, 04 Jan 2006 00:00:00 -0800 http://www.yourlawyer.com/articles/read/11144
However, Garrity who said he was abused by a parish priest as a 12-year-old altar boy is among a group of about 200 alleged victims with new claims against the archdiocese.
    
Lawyers representing 172 alleged victims met Tuesday to discuss a counter offer for the archdiocese, which has offered $7.5 million to about 100 of the latest plaintiffs.

"I didn't want to be dragged through what everybody else was dragged through," said Garrity, now 46, of the first round of lawsuits. "I didn't want to be standing out in front of a church or a rectory. I just hoped it would go away, and it didn't."

Lawyers for the current plaintiffs have denounced the archdiocese's $7.5 million offer as "demeaning" and say it treats them differently than the victims who participated in an $85 million global settlement in September 2003.

The archdiocese's proposal would give alleged victims settlements ranging from $5,000 to $200,000, with $75,000 as the average. In 2003, the 554 plaintiffs received settlements ranging from $80,000 to $300,000 each, with an average of about $155,000.

The archdiocese says its financial condition has deteriorated since the 2003 settlement and it cannot afford to pay the new round of plaintiffs as much.

But the new plaintiffs say they do not believe the archdiocese's claims of financial hardship and say it is attempting to capitalize on the weariness over the scandal in the hope that the alleged victims will accept lesser settlements.

"It is grossly inadequate and it diminishes the abuse that the people suffered," said Tony Cotillo, who said he was raped by a priest in a confessional in St. Joseph's Parish in Holbrook when he was 9.

Lawyers for the plaintiffs say they are similar in many ways to the victims who settled their lawsuits in 2003. Most say they were molested by priests decades ago, but did not come forward because they were afraid, traumatized or emotionally damaged.

"This group is no different than the earlier group, in terms of age, in terms of emotional damage, in terms of character," said attorney Mitchell Garabedian, who represents 55 plaintiffs.

An attorney who represents 33 of the new claimants, said they are generally more "timid" than the earlier plaintiffs, some of whom were emboldened by their sheer numbers and the widespread criticism that the church received after they went public with their stories of abuse.

"These are people who did not want to come forward," the attorney said of the new claimants.

The alleged victims are also upset that the archdiocese is requiring some of them to take part in an arbitration process where they would be cross-examined by church attorneys.

Thomas Hannigan Jr., an attorney for the archdiocese, said some plaintiffs will be subject to "limited" cross-examination.

"We're not saying (their claims) don't have merit, but we don't have a sufficient basis to make that conclusion yet," Hannigan said in an interview last week.

But attorneys for the plaintiffs say the archdiocese is treating them unfairly.

"They've decided they don't believe that a lot of these cases are real, not having any basis for that belief. They've simply decided they just think of these people as liars," Durso said.]]> Arizona Priest Faces 100+ Years in Prison after Conviction on Sex Abuse Charges http://www.yourlawyer.com/articles/read/10942 Fri, 18 Nov 2005 00:00:00 -0800 http://www.yourlawyer.com/articles/read/10942
The Rev. Paul LeBrun, 49, was the first priest to be convicted on sexual abuse charges in West Valley since the Catholic sex scandal first emerged just over four years ago.

LeBrun was accused of abusing West Valley boys ranging in age from 11 to 16 from 1986 to 1991 at Blessed Sacrament Church in Tolleson and St. John Vianney Church in Avondale.

Four Indiana victims, ranging from 9 to 13, had been abused by LeBrun between 1979 and 1986. The four, now adults in Indiana, offered damning testimony in a Mesa, Arizona courtroom.

LeBrun now faces a maximum sentence of more than 100 years. The Church has stripped him of all priestly duties, although he is yet to be defrocked. He had been in Maricopa County Jail since 2003 awaiting trial on eight counts of sexual conduct with a minor and five counts of child molestation.

The prosecution emphasized that LeBrun used his position to prey on vulnerable young boys who lacked a positive male influence in their lives, and who came from broken homes in Arizona and Indiana. "He was basically a wolf in sheep's clothing," the prosecutor said. "Everything he did was to get close to these little boys. Everything he did was to abuse these little boys."

The defense claimed that the accusers were motivated by greed since they had not stepped forward for over 20 years. Civil suits for damages, felony conviction, and other bad acts (like attempting to bribe LeBrun’s cellmate to fabricate a jailhouse confession by LeBrun) were cited by the defense as indications that the accusers' motivations were purely monetary.  

While LeBrun cannot be tried in Indiana for his conduct there due to the expiration of the statute of limitations, Maricopa County Superior Court Judge Crane McClennen did allow their testimony in the Arizona trial as evidence of "a character trait that predisposes him to commit the crimes charged."
]]> Records Show Archdiocese of Los Angeles Ignored Sex Abuse by Priests for Decades http://www.yourlawyer.com/articles/read/10813 Thu, 13 Oct 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10813
The complaints, though extremely serious were, for the most part, ignored.

The attorneys for the 500 alleged victims had consented to release the information but until last month the defense attorneys for the Archdiocese had prevented them from publishing it. An appellate court finally ordered the release of the documents.

The records show that in the majority of instances, the church provided years of therapy to accused clergy because bishops believed the offenders could be rehabilitated. The sex violators were reassigned to different parishes, where they frequently accrued new complaints for the very same offenses.

The records, however, are still far less extensive and complete than those turned over in connection with litigation against other dioceses such as Boston.

Here, the documents released are only summaries of personnel records rather than the actual personnel files which in the case of the Archdiocese of Boston, for example, contained doctor’s reports, internal church memoranda regarding meetings with parents, and evidence corroborating the charges of insensitivity to the victims.

In the case of the Boston disclosures, the damaging evidence eventually led to the resignation of Cardinal Bernard Law, the archbishop of Boston.

The records cover priests who were ordained as far back as the 1920s. Cardinal Roger Mahony, who has led the archdiocese since 1985, had overseen many of those priests.

The Los Angeles archdiocese, which is the nation's largest, serves some 3.6 million people in 284 parishes. It has posted about 150 pages of summaries on its Web site.

A spokesman for Mahony has insisted the cardinal wanted to reveal the information to promote reconciliation with victims, but was barred by confidentiality laws.

The lead plaintiffs' attorney in Los Angeles, regards these disclosures as only a first step. He believes the complete personnel files should be made public.
The lead plaintiffs' attorney stated: "The significance of these files is that they provide a little more information for the public about the church's knowledge and frankly their participation in the molestation of children, but until the (entire) files are made public, we're not going to be satisfied."

Although the documents offer some details in numerous cases, many of the summaries have shied away from using the term molestation. Instead they used euphemisms such as "boundary violations" to describe the highly inappropriate actions of the accused priests.

The attorney for the archdiocese, J. Michael Hennigan, claims that the summaries provided “are accurate descriptions of the content of the files, without disclosing confidential communication."

Among the victims, however, the conduct of Cardinal Mahony has been harshly criticized. David Clohessy, national director of the Survivors Network of those Abused by Priests has accused Mahony of "shameless posturing as some sort of reformer," while he used legal maneuvers to block a full accounting of his role in the crisis.
"Mahony is grasping at straws to convince his flock that he's not as awful as many of his colleagues. And as he has for years, Mahony is trying anything he can dream up to avoid having to fully reveal how little he did to safeguard innocent kids from abusive clerics."

Among the summaries provided is one concerning a priest who served as a teacher and administrator at numerous Southern California schools. He was convicted of molesting two boys and given probation. That conviction was later expunged from his record. A subsequent report in 1994 referred to "boundary violations" in which he allegedly patted the buttocks of a teenager. After entering an alcohol treatment program he was eventually placed on leave.

Another of the summaries involves a priest who had been the subject of repeated complaints with respect to "inappropriate sexual conduct with children" beginning in 1959. The records, however, indicate that no significant action was taken against him until 1994 when he was relieved of his duties.

Although the legal dispute regarding the issue of disclosure may be far from over, one thing is already clear; the Archdiocese of Los Angeles engaged in a pattern of denial, avoidance, and insensitivity when it came to the manner in which it dealt with an undeniable problem of sexual molestation and abuse by many of its priests.  In that way, it was no different than other dioceses around the country that also hid this dark secret from the world for decades.]]> LA Archdiocese Ignored Complaints About Priest Misconduct http://www.yourlawyer.com/articles/read/10812 Wed, 12 Oct 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10812
Attorneys for 500 alleged victims and the Roman Catholic Archdiocese of Los Angeles had previously agreed to release the information, but lawyers for accused clergy succeeded in blocking publication, arguing it would violate priests' privacy rights. An appellate court last month ordered the documents to be released after nearly three years of legal wrangling.

The records conform with the pattern of the abuse crisis that erupted in the American church nearly four years ago. In many cases, the church provided years of therapy to accused clergy, believing the men could be rehabilitated, then assigned them to new parishes, which often resulted in new claims against them.

Still, the Los Angeles Archdiocese appears to have so far avoided the damaging full disclosure forced on other American dioceses by judges and grand juries.

Church officials late Tuesday released summaries of their personnel records. By comparison, the files a judge unsealed in the Archdiocese of Boston, where the abuse crisis began in early 2002, contained doctors' reports, memos from diocesan officials about meetings with distraught parents and other details that revealed an insensitivity to victims. The documents enraged Catholics and forced Cardinal Bernard Law to resign as Boston archbishop.

The lead plaintiffs' attorney in Los Angeles, said the newly released information was a first step, but that complete personnel files should be made public.

"The significance of these files is that they provide a little more information for the public about the church's knowledge and frankly their participation in the molestation of children, but until the (entire) files are made public, we're not going to be satisfied," he said.

Archdiocese attorney J. Michael Hennigan called Boucher's concerns that the summaries might be whitewashed "nonsense."

"Ray has not seen the files themselves and has no basis to say that beyond speculation," he said. "These are accurate descriptions of the content of the files, without disclosing confidential communication."

The records cover priests who were ordained as far back as the 1920s. Cardinal Roger Mahony, who has led the archdiocese since 1985, had overseen many of the men. A spokesman for Mahony has repeatedly insisted the cardinal wanted to reveal the information to promote reconciliation with victims, but was barred by confidentiality laws.

David Clohessy, national director of the Survivors Network of those Abused by Priests, accused Mahony of "shameless posturing as some sort of reformer," while he used legal maneuvers to block a full accounting of his role in the crisis.

"Mahony is grasping at straws to convince his flock that he's not as awful as many of his colleagues," Clohessy said. "And as he has for years, Mahony is trying anything he can dream up to avoid having to fully reveal how little he did to safeguard innocent kids from abusive clerics."

The documents offer details in numerous cases, though much of the information has already been published. In many of the files, there was little mention of child molestation. Instead, euphemisms such as "boundary violations" were used to describe the conduct.

One priest, who served as a teacher and administrator at numerous Southern California schools, was convicted of molesting two boys and given probation. The conviction was later expunged from his record. A subsequent report was made in 1994 of "boundary violations," in which he allegedly patted the buttocks of a teenager. He entered alcohol treatment days later and was eventually placed on leave.

Another priest's file shows the archdiocese received repeated complaints that he engaged in "inappropriate sexual conduct with children" beginning in 1959, but that it did not appear to take significant action against him until 1994 when he was relieved of his duties, according to the documents.

Many bishops have said they were misled by therapists to believe that a sexual attraction to young people could be cured. As church officials' understanding of sex abuse deepened, accused priests were generally removed from the ministry altogether, Hennigan said.]]> ROMAN CATHOLIC CHURCH SETTLES 19 PENDING SEXUAL ABUSE CASES IN SAN FRANCISCO AND SEATTLE FOR $22.9 MILLION http://www.yourlawyer.com/articles/read/10034 Sun, 12 Jun 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10034
The San Francisco Archdiocese had approximately 55 cases in mediation before retired judge Coleman Fannin and several other cases that had proceeded to trial. The 15 settlements (11 men and 4 women now in their 40s) included 10 claims against Rev. Joseph Pritchard, a San Jose priest who died in 1988. The Archdiocese will pay $6.6 million of the settlement with $14.6 million coming from available insurance coverage.

Other priests named in the San Francisco actions were Rev. Leonel Noia, Rev. Arthur Harrison, and Rev. Gregory Ingels. Although Archbishop William Levada stated the Archdiocese hoped "the settlement of these cases will facilitate the process of healing for these victims," plaintiffs attorney, Robert Mezzetti, Jr., credited Judge Fannin, the court-appointed mediator, with bringing about the settlement. Confidentiality agreements prevent the disclosure of how much of the settlement each of the plaintiffs will receive.

In Seattle, the Archdiocese there has already settled almost 200 sexual abuse cases. The latest four settlements involved two priests. Sadly, one of the plaintiffs, Jeff Alfieri, committed suicide in the parking lot of Holy Family Catholic Church in 2003. His estate is to receive $600,000 of the $1.7 million.
]]> Abuse Cost for Catholic Dioceses Tops $1B http://www.yourlawyer.com/articles/read/9998 Thu, 09 Jun 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/9998
And the figure is guaranteed to rise, probably by tens of millions of dollars, because hundreds more claims are pending.

Dioceses around the country have spent at least $1.06 billion on settlements with victims, verdicts, legal fees, counseling and other expenses since 1950, the AP found. A $120 million compensation fund announced last week by the Diocese of Covington, Ky., pushed the figure past the billion-dollar mark.

A large share of the costs, at least $378 million have been incurred in just the past three years, when the crisis erupted in the Boston Archdiocese and spread nationwide.

The Rev. Thomas Doyle, who left a promising career with the church to help represent victims, had warned the bishops in 1985 that abuse costs could eventually exceed $1 billion.

"Nobody believed us," said Doyle, a canon lawyer. "I remember one archbishop telling me, `My feeling about this, Tom, is no one's ever going to sue the Catholic Church."

Asked about the figure, a spokesman for the U.S. Conference of Catholic Bishops, Monsignor Francis Maniscalco, said church leaders believe the payouts "should be just to all sides." He said victims deserve compensation, but the church must also have enough money to continue serving parishioners.

The bishops are set to meet in Chicago next week to review their plan for protecting youngsters.

The exact financial effect on the church is hard to determine, since each diocese owns property separately and settles cases on its own. Insurance policies cover some costs, but policies differ across the country. And in many places, the coverage has run out.

Also, many dioceses already had money problems before the scandal hit, because of rising labor costs, maintenance for old churches and other expenses, said Charles Zech, an economics professor at Villanova University who studies church finances.

However, the church avoided one financial hit: A feared widespread boycott by donors never happened, Zech said. The number of donors has fallen in the past few years, but the amount contributed overall has held steady, he said.

Still, some of the damage is plain.

The Boston Archdiocese and several others have agreed to sell property to cover their multimillion-dollar settlements. Three dioceses: Portland, Ore., Tucson, Ariz., and Spokane, Wash. have filed for bankruptcy, and more are expected to follow.

The billion-dollar cost to the church does not come close to other major legal settlements in recent years. The tobacco industry, for example, has agreed to hundreds of billions of dollars in payouts.

The AP calculated the price from settlement announcements by dioceses and from reports commissioned by the nation's bishops, including a study by the John Jay College of Criminal Justice of claims from 1950 to 2002. Victims' groups believe the church reports have underestimated the total cost.

Among religious groups confronting abuse, the Catholic Church is the only one to release settlement figures covering decades. But experts believe that Catholics have paid more to victims than any other denomination. Researchers commissioned by the bishops found more than 11,500 abuse claims against priests since 1950.

Catholics disagree over whether the church is being forced to pay too much for its failures.

Barbara Blaine, founder of the Survivors Network of those Abused by Priests, noted that most recent agreements have been reached before triaL, a sign, she said, that bishops know the true scope of the wrongdoing and are trying to minimize the cost.

"That the settlements could go that high shows us the seriousness of the harm and the cover-up," Blaine said.

But defense attorneys say public opinion has moved so far against the church that the bishops have little choice. Several states extended the statutes of limitation for suing over the abuse; California abolished the time restriction for one year, leading to hundreds of new claims that have yet to be resolved.

Patrick Schiltz, an attorney who has defended many dioceses in abuse cases, agreed that bishops have a moral obligation to pay victims but said the size of the settlements is "getting out of hand."

The Covington fund is the biggest settlement so far. Last December, the Diocese of Orange, Calif., agreed to pay $100 million to 87 victims. In 2003, the Boston Archdiocese settled with 552 victims for $85 million.

"It's because of the media coverage," said Schiltz, a professor at the University of St. Thomas School of Law in Minneapolis. "The thumb is heavily on the scale against the church."

Schiltz said he disagreed with Catholics who contend that many of the newer claims are fake. But he said weaker cases that once would have been thrown out of court are probably succeeding.

Despite the rising cost to the church, advocates say the majority of victims never sue.

"Victims want to feel as though their experience is valued, helping the church understand the problem so that it will never happen again," said Sue Archibald, head of the victim advocacy group The Linkup. "With lawsuits it's, `Here's your money, now go away.'"]]> Ky. Diocese to Pay $120M in Sex Abuse Case http://www.yourlawyer.com/articles/read/9949 Fri, 03 Jun 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/9949
The settlement, which is subject to approval by a Kentucky judge, would bring to a close a class-action lawsuit filed on behalf of more than 100 alleged victims. It accuses the diocese of a 50-year cover-up of sexual abuse by priests and others.

"After personally meeting with more than 70 victims, I am painfully aware that no amount of money can compensate for the harm these victims suffered as innocent children," Covington Bishop Roger Foys said in a statement. "Nevertheless, I pray that this settlement will bring some measure of peace and healing to victims and their loved ones."

Victims will be grouped into four categories based on the severity of abuse, and compensation will range from $5,000 to $450,000 per person, before attorney fees are deducted.

Last year, the Orange County, Calif., Diocese agreed to a settlement that participants said would pay $100 million to 87 victims. In 2003, the Boston Archdiocese, where the scandal first erupted, settled with 552 victims for $85 million.

Covington is far smaller than Boston, the nation's fourth-largest diocese with about 2.1 million parishioners. The Covington Diocese spans 14 counties and has 89,000 parishioners. The lawsuit also covers some Kentucky counties that were part of the Covington Diocese until 1988, when a new diocese in Lexington formed.

The diocese reported in August 2003 it has received 158 allegations of sexual misconduct against about 30 of 372 priests since 1950.

In a statement, the diocese and plaintiffs' attorneys said that $40 million of the settlement fund would come from a combination of church real estate and investments and $80 million would come from insurance.

Sue Archibald, head of the clergy-abuse victims advocacy group The Linkup, called the settlement fair and commended the diocese for its efforts.

"It's difficult to put a dollar figure on damages that can't be valued, but the size of the settlement signifies how serious the abuse and its effects were," Archibald said. "I hope the settlement enables the survivors to move forward with their healing."

Covington is the second Kentucky diocese to reach a multimillion dollar settlement with clergy abuse victims. The Archdiocese of Louisville settled lawsuits by 243 plaintiffs for a total of $25.7 million in 2003.

In addition to the dioceses that have reached major settlements, three in Tucson, Ariz., Portland, Ore., and Spokane, Wash. have filed bankruptcy claims because of abuse allegations.

The Covington case was granted class-action status in 2003 and had been scheduled for trial earlier this year but was repeatedly postponed while a mediator held settlement talks.

With the lawsuit pending, the Covington Diocese settled other claims, paying $4 million from its savings and $6.5 million from insurance over the last 18 months to resolve 56 sex abuse claims. It recently said it would move its offices to a medical center to cut costs, and earlier it announced some layoffs.

"I don't know that the money is ever a remedy for what was taken from us," said Kay Montgomery of Lexington, central Kentucky director of Survivors Network of those Abused by Priests. She settled separately with the Covington diocese and is not part of the new settlement.

"It doesn't bring back the lost innocence for the victims and it certainly will not bring the innocent life back to them," she said.]]> Stockton Diocese to Pay $3 Million in Abuse Suit http://www.yourlawyer.com/articles/read/9842 Fri, 20 May 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/9842
The settlement, announced Thursday, is the latest involving Oliver Francis O'Grady, a former Stockton priest who spent seven years in state prison for child molestation before U.S. immigration authorities deported him to Ireland in 2001.

O'Grady's chillingly frank account of his decades-long sexual attraction to children refocused national attention on the clergy sexual abuse scandal last week.

In a 15-hour videotaped deposition, he admitted molesting 25 children, and described how he groomed his young victims for abuse. At one point, he looked into the camera, softened his voice, and demonstrated how he might lure a young girl into his arms, with the intention of fondling her.

He denies, however, molesting the man who just settled with the diocese.

Costa Mesa attorney John C. Manly, who represents that plaintiff, now 42, said the O'Grady case was emblematic of the church hierarchy's failure to stop predator priests or to warn parishioners of the danger.

"I think it absolutely shows that the Diocese of Stockton was culpable," he said.

The diocese issued a statement saying it was "pleased to bring this matter to closure for those involved and looks forward to continuing its effort to reach fair and just resolution for victims of childhood sexual abuse."

Sister Terry Davis, director of communications for the diocese, declined to comment further.

So far, the diocese has paid $14 million to resolve five claims accusing church leaders of failing to protect children from O'Grady. Three more suits are pending.

The church paid an initial $7.5-million settlement involving O'Grady in 1998 from its own coffers, and the diocese's insurers will pay $6.6 million for the two settlements reached so far this year, a church official said.

The alleged victim involved in the most recent settlement accused O'Grady of molesting and raping him at least twice a week for seven years, beginning when he was an 11-year-old student and altar boy at St. Anne's Catholic Church and School in Lodi.

It was only the diocese that settled, so the man's suit against the former priest himself will continue, Manly said.

The Times does not identify sexual abuse victims.

The abuse began when O'Grady masturbated the boy, saying it was necessary to get "the evil" out of him, Manly said. Later, the priest announced that he would put "goodness" back into the boy by raping him, the lawyer added.

Over the years, O'Grady would remove the boy from classes, take him into his bedroom at the rectory and sexually assault him, according to court documents.

The boy was such a familiar face in the rectory that the parish secretary would ask him to hide his bicycle in the back so others would not see it, the documents said. The secretary also took towels into the priest's room while the boy was there, the documents allege.

O'Grady, 59, admitted on the videotape that he knew the boy's mother, who worked in the parish, but rebutted her claim that the priest visited her family so often that he had a key to their house.

In court papers, he denied that he had ever abused the boy, asserting that the repeated rape of a boy by a non-family member was "simply inconceivable."

Those acts, he wrote, would "be more easily performed and repeated on a person in his home and in his own bed. Here the boy his age [around 11] is powerless to escape since there is no place he can escape to."

O'Grady also referred to the "excruciating pain" endured by a child during a sexual attack, as well as physical damage such as bleeding.

In his response to the lawsuit, the former priest asked, "Is there any DNA evidence that links me to the crimes committed on this person?"

He said someone else must have sexually abused the boy.

Currently a resident of Thurles, Ireland, O'Grady began molesting children almost as soon as he joined the Stockton Diocese in 1971, according to court papers.

He told his bishop in 1976 that he had molested an 11-year-old girl, yet he was allowed to remain at St. Anne's, where he allegedly abused other children, according to court documents. The priest even wrote the family an apology that police later found in his confidential priest personnel file.

Now-Cardinal Roger M. Mahony of Los Angeles supervised O'Grady when he became bishop of Stockton in 1980. Mahony testified that he never saw O'Grady's apology for molesting a child in the priest's confidential file.

In 1984, police investigated a therapist's report that O'Grady had molested a boy, but they did not pursue charges. After the investigation, Mahony moved O'Grady to a parish in the Sierra foothill town of San Andreas, and later promoted him to pastor.

In 1998, a Stockton jury awarded two of O'Grady's victims $30 million, later reduced to $7 million. Jurors told The Times that they thought Mahony was untruthful on the witness stand and that he had allowed O'Grady's pattern of abuse to continue.

Mahony said in 2002 that he thought the jurors had been wrong, and he insisted that he took extraordinary steps to protect children.

Over the years, O'Grady said on the videotape, he tried to understand and possibly curb his appetite for children reading books about his disorder, touring a residential treatment center for pedophile priests and eventually opening his parish to secret Sex Addicts Anonymous meetings so he could attend.

After O'Grady was released from prison and returned to Ireland, the Stockton Diocese paid for him to undergo three years of outpatient therapy, he said, and agreed to pay him $800 a month for 10 years starting on his 65th birthday.

"I would have liked somebody in the diocese or somebody to have intervened as early as possible in helping me confront this situation as a very, very serious one," he said, "and help to educate me to the very serious nature of the problem that I had and was causing."]]> Church Abuse Victims Awarded $1.9 Million http://www.yourlawyer.com/articles/read/9609 Thu, 14 Apr 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/9609
The jury of 10 women and two men, five of whom identify themselves as Catholic, awarded $180,000 in compensatory damages to Tom Thatcher and $875,000 to Robert Thatcher. That number was much less than the $3 million Simons sought for Tom and $6 million for Robert. Church lawyer Allen Ruby said the Diocese thought reasonable compensation was due up to $800,000.

The jury also awarded Robert Thatcher $875,000 in punitive damages. In closing remarks, Simons told jurors Tuesday that Robert deserved $18 million.

Tom Thatcher, 33, admits his first reaction was that the jury award was low. But, as his brother said, the money was not the issue.

"We had our shot, we had our day in court and the jury did the best that they thought they could."

Robert Thatcher said his award for punitive damages exposed the "heinous crimes that were allowed to be perpetuated by the Diocese of Oakland." The jury agreed with his claim that church leaders were aware of Father Robert Ponciroli's behavior but failed to do anything about it.

"This is about a statement for the protection of children and the jury did find that the Diocese acted despicably and found them punitively liable for their conduct," he said outside of the Hayward Hall of Justice.

The Thatchers' suit was one of the more than 150 sex abuse cases confronting Northern California dioceses. The civil lawsuits came about as a result of a 2002 state law that lifted the statute of limitations by one year. The Thatchers' case was one of the first to be heard by a jury.

There are still more than 40 other sexual abuse cases facing the Oakland Diocese.

"I do hope that the Diocese and other dioceses wake up, settle these cases and let these victims move on with their lives because they're sick of sitting in courtrooms," said Robert Thatcher.

The Thatchers say they hope the verdict gives other survivors the power and courage to step forward.

Oakland Diocese spokesman Father Mark Wiesner said the Diocese wants the same thing.

The Diocese admitted it acted negligently before the trial started and agreed that the Thatchers should receive compensatory damages, Wiesner said.

Church lawyers did try to prevent a punitive damage award for Robert Thatcher. The 34-year-old man, who now lives in Arizona, was asking for $18 million in punitive damages, which are intended to punish a defendant financially and prevent further misdeeds from occurring.

The jury also unanimously ruled that a managing agent of the Oakland Bishop, acting on behalf of the Diocese, engaged in "conduct constituting malice or oppression that caused harm to Robert Thatcher." All 12 jurors also agreed that the Diocese had "knowledge of the unfitness" of Ponciroli but employed him "with a knowing disregard of the rights and safety of others before Robert Thatcher's molestation."

"What the case has established is that the Oakland Diocese has, in the past, engaged in policies and practices that the jury found to be malice and oppression of children," Simons said.

The jury broke down by percentage how much blame should be apportioned to the Diocese and to Ponciroli for causing harm to the men. Based on those figures, the Diocese must now pay 60 percent of compensatory damages, and 100 percent of punitive damages, Simons said.

The jury found that 40 percent of the blame should be assigned to Ponciroli. The priest was defrocked in 1995, and now lives in Florida. He did not take the stand.

Throughout the trial, Oakland Bishop Allen Vigneron and church lawyers maintained that the Diocese wanted to settle before trial.

He and other church leaders testified and pointed to recent policies and procedures the Diocese adopted to prevent future abuse and ensure that allegations are dealt with swiftly and effectively.

The brothers vividly described for jurors how Ponciroli would summon them up, one by one, to his bedroom at the Antioch rectory for "punishment." The large priest would then tickle them and roll around on the bed with them for up to 30 minutes. Robert Thatcher said the priest also fondled his genitals on three separate occasions, once while in the priest's car.

Tom Thatcher was abused twice.

The Oakland Diocese encompasses parishes in Alameda and Contra Costa counties.]]> Settlement Reached In San Jose Priest Case http://www.yourlawyer.com/articles/read/9520 Fri, 25 Mar 2005 00:00:00 -0800 http://www.yourlawyer.com/articles/read/9520
The award is expected to influence hundreds of potential settlements statewide in similar cases.

The San Francisco County Superior Court jury deliberated for less than five hours yesterday before determining the amount of money the Archdiocese of San Francisco should pay Dennis Kavanaugh.

During the trial, jurors heard testimony that the 37 year-old Kavanaugh suffered emotional problems and had a troubled life because of the abuse.

Jurors determined that the church officials knew or should have known the late Reverend Joseph Pritchard was abusing young boys.

A spokesman for the archdiocese says he hopes the verdict brings closure to Kavanaugh. The church does not plan to appeal.]]> Settlement Reached In Nome Priest Abuse Case http://www.yourlawyer.com/articles/read/9479 Wed, 02 Mar 2005 00:00:00 -0800 http://www.yourlawyer.com/articles/read/9479
Attorney Ken Roosa said Wednesday that the two sides have reached a binding agreement. The paperwork is being finished on the settlement expected to be in the $1 million range, he said.

Elsie Boudreau, identified in court documents as Jane Doe 1, sued the Rev. James Poole, the Diocese of Fairbanks, the Society of Jesus, Oregon Province, and the Alaska Jesuits in March last year.

Boudreau went public because she felt it empowered her and would help others to come forward as well, Roosa said.

Boudreau accused Poole, a Jesuit, of kissing and fondling her dozens of times, starting in 1978 during summer visits to Nome and lasting until she was 16. The abuse included heavy petting and having her lie on top of him, the lawsuit says.

Boudreau said in a recent interview that she decided to sue after discussions with Fairbanks Bishop Donald Kettler about counseling that bothered her. The bishop put parameters on paying for counseling, she said.

Boudreau said the settlement will allow her to move on.

"My hope would be when I look back at it years down the line I'm happy with the decision I made to settle at this point," she said.

The Diocese of Fairbanks and the Jesuits confirmed that they were working on a settlement with Boudreau.

"The diocese is desirous of settling cases that it can settle," said Ronnie Rosenberg, director of human resources for the Fairbanks Diocese. "If we can reach an accommodation with someone that is reasonable and just, that would be the path that we can take."]]> Bishops: New Sex Abuse Claims Top 1,000 http://www.yourlawyer.com/articles/read/9367 Fri, 18 Feb 2005 00:00:00 -0800 http://www.yourlawyer.com/articles/read/9367
Half of the accused priests over the past year had been previously accused of abuse, said Kathleen McChesney, executive director of the bishops' Office of Child and Youth Protection.

Most of the alleged incidents occurred decades ago: 72 percent of the priests were either dead, defrocked or removed from public ministry before the newest allegations were received, McChesney said.

The information came as the bishops released a new national audit of U.S. dioceses to determine how well they've complied with the child protection policy American prelates instituted more than three years ago at the height of the clergy molestation crisis. Teams of auditors, comprised mainly of former FBI agents, compiled data in visits to dioceses across the country.

The auditors found that more than 95 percent of dioceses have taken the required steps to keep children safe.

But the Survivors Network of those Abused by Priests said the audits were "minimal and misleading," contending bishops had too much control over who participated in the review.

The report is the latest in a series the bishops commissioned to restore trust in their leadership after the clergy molestation crisis erupted in the Archdiocese of Boston and spread nationwide.

Last year, the bishops released an unprecedented statistical review that found 4,392 priests had been accused of molesting minors in 10,667 cases between 1950 and 2002.

A first series of audits, also released a year ago, found 90 percent of the 195 U.S. dioceses were fully compliant with the child protection policy the bishops adopted under intense public pressure in June 2002. But auditors also found shortcomings in the reforms, such as ineffective monitoring of guilty priests.

The bishops have already authorized a third national audit this coming year, however they angered victims' groups by deciding to reduce the number of dioceses that will receive full onsite reviews.]]> Archdiocese Settles Eight Abuse Cases In Mediation http://www.yourlawyer.com/articles/read/9307 Fri, 11 Feb 2005 00:00:00 -0800 http://www.yourlawyer.com/articles/read/9307
The settlements to be paid by the archdiocese total $267,500. The cases involved claims against five archdiocesan priests who have been removed from ministry: Romano Ferraro, Michael McGrath, Joseph Lessard, Donald Straub and Robert Yim. The Vatican recently dismissed McGrath, Straub and Yim from the priesthood.

One case involved a religious order priest, Vincentian Father Richard Lause. That claim is being paid by the Vincentians.

Since January 2004, the mediation process has resulted in the settlement of 31 cases at a total of $2,399,300. Approximately $742,000 was recovered from an insurance carrier.

There are nine other cases of clergy abuse of minors all but one where a lawsuit had been filed that have yet to be settled. Five of the cases are expected to be part of the mediation process.

"We have the bulk of it resolved," Bernard Huger, archdiocesan attorney, told the Review.

All those who have brought their complaints to the mediation process have been encouraged to bring their allegations to the police or prosecuting attorney if they choose to pursue criminal prosecution, according to a statement issued previously by the archdiocese.

The mediation process was announced in November 2003 as an initiative to pastorally respond to anyone who has been a victim. The goal is to provide a means for healing for those whose allegations are found to be credible.

The process involves some members of the archdioceses Gennesaret Committee, which includes people with specialties in the mental health professions among others to help assess from the victims or their therapist what their needs might be.

"Its a very thorough process. We listen. The person comes in with his or her family members, therapists, attorneys or whoever and tells the full story in a full report," Huger said.

Members of the committee ask questions. "We try to match our offer of settlement with what their needs are," Huger said.

Having a neutral party as mediator is cited as a reason the process is valued. Both sides pick the mediator in each case.

The committee members are all volunteers.

Archbishop Raymond Burke is providing letters of apology to victims in some cases that were mediated in December. The process was delayed when the addresses that were needed were not provided from victims attorneys until some time after Christmas, Huger said.

"We told them it would be done in February," he said.]]> $5 Million Settlement Is Near In Paterson Clergy Sex Abuse http://www.yourlawyer.com/articles/read/9308 Fri, 11 Feb 2005 00:00:00 -0800 http://www.yourlawyer.com/articles/read/9308
If all the plaintiffs sign on, the sum would be the largest payout by a New Jersey diocese in a clergy sex-abuse case. The deal also would provide four years of counseling for the men, said the person, who spoke to the Associated Press on condition of anonymity.

Most of the men stated they were violated as boys from 1968 to 1982 by James Hanley, who served in three North Jersey parishes. He was removed from the priesthood in 2002, 17 years after church officials learned of complaints against him.

The men sued 13 months ago, contending that church officials, including former Bishop Frank Rodimer, had failed to protect youngsters.

Hanley was not sued because he cooperated with the plaintiffs, providing a statement detailing sexual acts with boys. The statement also said Hanley had admitted to Rodimer in 1984 that he had molested about a dozen boys.

Prosecutors said they could not bring criminal charges because the statute of limitations had expired.

Hanley served at St. Joseph's in Mendham, Our Lady of Good Counsel in Pompton Plains, and St. Christopher's in Parsippany.

Paterson Bishop Arthur Serratelli told the Star-Ledger of Newark that "my understanding is that we're moving toward a settlement." A diocesan spokeswoman did not immediately return a message yesterday.

The lawyer for 26 of the men, said: "I think that at this point it's a little too early to discuss any complete and final resolution of this matter. However, I do believe that Bishop Serratelli committed to the victims and their healing.

"The plaintiffs have requested that I not discuss the overall settlement amount. Additionally, my clients have also asked that the amounts that they each receive separately not be disclosed," he said yesterday.

One plaintiff, Kevin Kingree, said he hoped the diocese would improve its sex-abuse policies.

"It would be nearly impossible for me to say I was satisfied with how things turned out," Kingree said. Hanley abused him, he said, when he was in the seventh grade at St. Joseph's. "At the end of the day, still it's a bit unsettling."

Another plaintiff, Robert Deacon, told the Daily Record of Parsippany, "It closes a chapter, but I don't feel any great satisfaction."

Deacon, 57, of Randolph, said Msgr. Julian Verettoni had abused him decades ago at St. Mary's parish in Wharton. The statute of limitations on that allegation has also run out, and Verettoni continues to work at Sacred Heart parish in Clifton. A diocesan board last year determined Deacon had insufficient evidence to warrant action. Deacon said he had appealed that decision to Rome.

A notice that lawyers had reached a settlement was signed Feb. 1 by state Superior Court Judge Deanne M. Wilson.

Settlements in New Jersey include the Newark Archdiocese's agreement last year to split $1 million among 10 accusers. The Metuchen Diocese settled with 10 accusers for $800,000 in 2003. The Camden Diocese has settled for $955,000 with more than 20 accusers since 2002.

A record $100 million settlement of 90 lawsuits was unsealed last month between alleged victims of priest sexual abuse and the Roman Catholic Diocese of Orange County, Calif.]]> 'Significant' Sentence Sought for Shanley http://www.yourlawyer.com/articles/read/9286 Tue, 08 Feb 2005 00:00:00 -0800 http://www.yourlawyer.com/articles/read/9286
Prosecutors have not said what sentence they will recommend to the judge for Shanley, perhaps the most notorious figure in the sex scandal that rocked the Boston Archdiocese three years ago.

He could get up to life in prison when he is sentenced Feb. 15 for repeatedly raping and fondling the accuser at his Roman Catholic church during the 1980s. Middlesex District Attorney Martha Coakley said only that the recommended sentence "will be significant."

His accuser, now 27, put his head down and sobbed as the verdicts were read Monday after a trial that hinged on the reliability of what the man claimed were recovered memories of decades-old abuse.

Shanley, once a long-haired, jeans-wearing "street priest" who now wears a hearing aid, showed no emotion as he stood next to his lawyer, Frank Mondano. Bail was revoked and Shanley was immediately led to jail.

"It appears that the absence of a case is not an impediment to securing a conviction," Mondano said in vowing to appeal. He said he may argue that the emotional testimony of the accuser made it impossible for jurors to reach a verdict based solely on the evidence.

At the sentencing hearing next week, the victim and his family will be allowed to speak about the effects of the abuse. Shanley also has the right to speak, but Mondano said that is highly unlikely, given the planned appeal.

Shanley's accuser testified for three days, at times sobbing on the stand and begging the judge not to force him to testify in graphic detail. He said Shanley pulled him out of Sunday morning catechism classes beginning at age 6 and molested him in the bathroom, the rectory, the confessional and the pews.

Victoria Blier said she and fellow jurors were swayed by the accuser, believing the man would not have come forward if he wasn't telling the truth. He received a $500,000 settlement with the archdiocese nearly a year ago.

"I think a persuasive sentiment was he had already gotten a half-million-dollar settlement and he had no reason whatsoever to pursue this criminal case, and he knew that pursuing the criminal case was going to lay a painful life bare," she said.

The Boston Archdiocese began receiving complaints about Shanley in 1967, and knew he publicly advocated sex between men and boys. But as with other priests who were reported to be sexually abusing children, church officials merely shuffled him from parish to parish instead of removing him.

The accuser had said that he repressed his memories of the abuse but that they came flooding back three years ago, triggered by media coverage of the scandal that began in Boston and soon engulfed the Catholic church.

Shanley's conviction on all four charges gives prosecutors an important victory in their effort to bring clerics to justice for decades of child sex abuse at parishes across the country.

The defense called just one witness a psychologist who said recovered memories can be false, even if the accuser ardently believes they are true. Shanley's lawyer argued the accuser was either mistaken or concocted the story to cash in on a multimillion-dollar settlement between the archdiocese and abuse victims.

The accuser, now a firefighter in suburban Boston, was one of at least two dozen men who claimed they had been molested by Shanley, but the only one to testify. Four classmates backed up his story that he was frequently absent from religious education classes.

In the end, jurors believed memories can be repressed, said Blier, 53.

"We agreed after discussion that you can experience something up to a point, and then not think about it and have plenty of other things in your life that are more important," she said.

The state attorney general's office concluded that about 1,000 children in the Boston Archdiocese had been molested by more than 240 priests since the 1940s. Shanley is one of the few priests prosecutors have been able to bring charges against.

Another central figure in the sex abuse scandal, defrocked priest John Geoghan, was given a nine- to 10-year sentence for groping a 10-year-old boy. He was beaten and strangled in prison in 2003, and a commission probing the slaying said he had been harassed and physically abused by guards.

Most priests accused of wrongdoing escaped prosecution because the statute of limitations ran out long ago. But shortly after leaving the Newton parish in 1989, Shanley left the state, effectively stopping the clock.

He was arrested in California at the height of the scandal in May 2002, and charged with raping four boys from the Newton parish. Prosecutors later dropped two of the accusers from the case in what they said was a bid to strengthen their case, and a third who they were unable to find after a pretrial hearing.

Rodney Ford, whose son also had accused Shanley of abuse, called the verdict "a relief for my son, and all the other victims."

Shanley's niece disagreed, saying, "There are no winners today. There are only losers. We're no closer to finding out the truth about this scandal or finding out what happened."]]> Paul Shanley Convicted of Child Rape http://www.yourlawyer.com/articles/read/9329 Mon, 07 Feb 2005 00:00:00 -0800 http://www.yourlawyer.com/articles/read/9329
UNIDENTIFIED MALE: ... Paul Shanley with indecent assault and battery on a child under 14. What say you, Mr. Foreman, is the defendant guilty or not guilty?

UNIDENTIFIED MALE: Guilty.

UNIDENTIFIED MALE: So say Mr. Foreman.

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: So say all members of this panel.

JURY: Yes.

UNIDENTIFIED MALE: As for (UNINTELLIGIBLE) 14 of 2002 894 (ph) charged defendant Paul Shanley with indecent assault and battery on a child under 14. What say you, Mr. Foreman, is the defendant guilty or not guilty?

UNIDENTIFIED MALE: Guilty.

UNIDENTIFIED MALE: So say Mr. Foreman.

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: So say all members of this panel.

JURY: Yes.

UNIDENTIFIED MALE: Ladies and gentlemen, you may be seated.

UNIDENTIFIED MALE: (UNINTELLIGIBLE) counsels, would you like to look at the verdict slips?

UNIDENTIFIED MALE: The verdicts may be recorded.

UNIDENTIFIED MALE: (UNINTELLIGIBLE) the verdicts as recorded by the court. You may be seated.

UNIDENTIFIED MALE: Ladies and gentlemen and alternates, your service as jurors and as alternates in this case is now complete. And for that service, the court and the commonwealth and the attorneys thank you. I would ask at this time that you go back to the jury room for one last time where I will come back and speak to you briefly.

WOODRUFF: All right. We are looking at live pictures in a courtroom in Cambridge, Massachusetts, where a defrocked Catholic priest Paul Shanley has just been pronounced the charges against him, he has been pronounced guilty on several counts. CNN's Dan Lothian has been covering the trial. He's with us now on the telephone.

Dan, guilty on all counts?

DAN LOTHIAN, CNN CORRESPONDENT: That is correct. First of all, he was charged with two counts of rape of a child. The jury found him guilty on both of those counts. And then on two counts of indecent assault, he's been found guilty on both of those as well. He could face up to life in prison.

This is a case, defrocked priest Paul Shanley was sort of the one of the sort of glaring cases in the sexual abuse scandal in the Boston archdiocese. This case dating back to '80s when he was working in a church in the Newton area which is west of Boston.

The victim claimed that rape happened when he was 6 years old. It happened inside of the church. And yet, and he had what seems to be an important issue in this case, repressed memories. Only a few years ago he started talking about what he said happened to him. And that was really at the center of this trial.

Could you believe that these repressed memories were true or were they false? The defense casting doubt on these repressed memories. And amazingly, this two-week trial only presenting one witness who is a U.C. psychologist who questioned the validity of repressed memories.

So once again, the defrocked priest, Paul Shanley, 74 years old, found guilty on two counts of rape of a child, and guilty on both of the counts of indecent assault.

WOODRUFF: All right, CNN's Dan Lothian who has been covering this trial, also with us on the telephone or rather, I guess in New York, CNN's legal analyst Jeff Toobin.

Jeff, what happened to the argument by the defense that these memories were just fabricated because they came out so late?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, that was an argument forcefully made and apparently quickly rejected by this jury. This was a peculiar case, though, Judy, because Shanley is so much a symbol of the priest abuse scandal.

But yet this only related to one child. And it was a somewhat shaky case because it was so old, you know, almost 20 years old. And there was this issue of recovered or repressed memory which a lot of experts have trouble with. So even though Shanley is a symbol of so much that went wrong in the Catholic Church and he has now been convicted, this particular case was not all that strong against him.

WOODRUFF: Does this close a chapter of some sort, Jeff, or is this just one more part of a long-running story here?

TOOBIN: Well, I think the answer probably is a little of both. Certainly, it closes the chapter on Shanley himself. He's 74 years old. He faces up to a life sentence. So we can safely assume he will die in prison. But both the civil and criminal aspects of this story continue to reverberate, not in as high-profile a way as it was a couple of years ago, but this is very much a story that's not over.

WOODRUFF: Jeff Toobin, CNN legal analyst, commenting on the verdict. Paul Shanley guilty on all counts in a case involving child abuse that occurred many years ago.]]> Archdiocese Reports Another Allegation Against Priest http://www.yourlawyer.com/articles/read/9220 Thu, 20 Jan 2005 00:00:00 -0800 http://www.yourlawyer.com/articles/read/9220
The Archdiocese of Baltimore says the latest allegation involves a high school student who claims to have been abused in the late 1980s and early 1990s by Jerome Toohey. The case has been reported to the Baltimore County State's Attorney's office.

The abuse allegedly occurred at Toohey's home.

Toohey is also known by the nickname "Jeff" and lost his duties as a priest in 1993 after the Archdiocese received an allegation that he'd sexually abused a young man in the 1980s, an allegation that Toohey denied.

Until that allegation surfaced, Toohey was a Chaplain to the Deaf Community and served on the board at the John Carroll School. ]]> Sobs Follow Church Abuse Settlement http://www.yourlawyer.com/articles/read/9155 Tue, 04 Jan 2005 00:00:00 -0800 http://www.yourlawyer.com/articles/read/9155
Alleged victims sobbed and hugged Monday as they spoke publicly about the deal that was nearly two years in the making. Some thanked Bishop Tod D. Brown, who as head of the diocese negotiated what has become the largest clergy abuse settlement in history.

"Let this be what everyone remembers from today: that nothing is more important than the protection of our children and our youth," Brown said as he sat alongside plaintiffs and their attorneys. "I seek their forgiveness. I hope for reconciliation, and I know that they have now begun their healing process."

The settlement was reached December 2, but was under a court seal for a month as the parties signed off on it. It surpasses the $85 million the Archdiocese of Boston agreed to pay 552 plaintiffs in 2002.

The settlement resolves 90 lawsuits against the diocese that included allegations against 31 priests, 10 lay personnel, one religious brother and two nuns.

"Today, we can stand and we can say, I forgive you. And of course I do. Of course we forgive you," said Mark Curran, one of those whose lawsuits against the diocese led to the settlement.

The earliest allegation dated to 1936; the latest came in 1996. Payouts were based on the length and severity of abuse and other factors, but how much each plaintiff is getting remains confidential.

Half of the payout will come from the diocese and the other half will be paid by its eight insurance carriers. The agreement also calls for the release of nearly all confidential documents from diocesan personnel files of the accused after a judge's review; attorneys estimated the first records could be released within two months.

Some 800 clergy abuse lawsuits are still pending statewide and plaintiffs used the settlement announcement to call on other bishops -- particularly Los Angeles Cardinal Roger Mahony -- to follow Brown's example.

The Archdiocese of Los Angeles faces more than 500 lawsuits that are still locked in settlement negotiations. Trial dates for a handful of those cases are expected to be set Friday.]]> Diocese Reaches Settlement With Sex Abuse Victims http://www.yourlawyer.com/articles/read/10466 Sat, 01 Jan 2005 00:00:00 -0800 http://www.yourlawyer.com/articles/read/10466
The settlements come after about four months of negotiations and ends all such suits against the diocese.

"My clients are relieved that they can finally bring this to closure," said the attorney, who represented about half of the plaintiffs. "They can be satisfied that they have done something concrete to make sure the sex abuse they experienced is never repeated."

The individual settlements range from $200,000 to more than $2 million, Simons said.

The Oakland diocese, which encompasses churches in Alameda and Contra Costa counties, is tied to about a third of Northern California sexual abuse cases, involving 24 priests. Northern California dioceses have been involved in more than 150 sex abuse lawsuits.

Two former altar boys from Antioch, Robert and Tom Thatcher, won $1.93 million in damages against the Oakland diocese in April after a jury found that a priest had molested them in 1980.

Because the record from those proceedings reflects that the church was at fault, the plaintiffs in Friday's settlements felt they did not need to go to trial, Simons said.

"I don't think it's a contest as to whether there were abuses in the Oakland diocese," he said.

An attorney for the diocese said the diocese felt that trials can be difficult for victims.

"The bishop wants to do what he can to heal what's been done in the past," said Steve McFeely. "That's easier to do with settlements rather than trials."

As part of the negotiations, attorneys would not finalize any one settlement unless agreeing upon all of them, Simons said.

Paying victims of abuse is the "bare minimum" that needs to be done, said Dan McNevin, the leader of East Bay Survivors Network of those Abused by Priests. The diocese needs to make more of an effort to find victims and disclose the names of sex abusers.

"Sex abuse is never fair," he said. "The courage of these survivors to come forward has revealed a horrific pattern of concealment that had to be exposed."

The Sacramento Diocese settled 33 claims for $35 million in June. In July, the Roman Catholic Archdiocese of San Francisco announced it would pay $16 million to settle 12 clergy sex abuse cases.]]> $3.8 Million Settles 23 Sex Abuse Suits http://www.yourlawyer.com/articles/read/9070 Mon, 20 Dec 2004 00:00:00 -0800 http://www.yourlawyer.com/articles/read/9070
The settlements do not resolve open criminal cases or end the suits against
individual priests, said a lawyer representing the archdiocese.

The victims lawyer, said about $742,000 of the settlement total was covered by insurance. The
church is still fighting with its insurance company over whether a nearly $1.7
million settlement reached in June will be covered.

Last week, the alleged victims of Michael McGrath and Romano Ferraro resolved
their cases in a mediated settlement, joining two other victims who have
settled their cases since August for a total of $270,000, Huger said Monday.

McGrath began working as a priest in St. Louis in 1975 and has been accused of
abuse by 17 people. He was removed from the ministry in 1997.

Ferraro is serving a life sentence in Massachusetts for raping and sexually
assaulting a young Massachusetts boy.

During his trial, he confessed to abusing young boys in St. Louis and New York
but denied abusing the Massachusetts boy, according to news reports.

The church settled two other suits earlier this fall by alleged victims of
jailed priest Bryan Kuchar and the late Norman Christian.

Kuchar is serving three years in the St. Louis County jail after a jury found
him guilty last year of three counts of statutory sodomy for molesting a
14-year-old boy in 1995, when Kuchar was parish priest at Assumption Catholic
Church in south St. Louis County.

One man settled a suit involving Kuchar earlier this year. A second man settled
his civil suit Oct. 28, Huger said, for an amount in the low six figures.

In the second suit, the man said when he was 16 and an aspiring priest, Kuchar
repeatedly sodomized him during overnight visits to the St. Louis Cathedral
Basilica.

The Survivor's Network for those Abused by Priests released news of the Kuchar
settlement Monday.

Jim Orso, spokesman for the archdiocese, said that Kuchar's name was one of a
handful submitted to the Vatican months ago for removal from the priesthood.
Orso said those requests were still being processed but he expected them to be
granted.

Christian abused an 11-year-old at St. George Church in Affton 30 years ago,
that man's suit alleges. Christian died in October.

The victims lawyer said the mediation process was designed to help resolve the suits
promptly and to begin the healing process for victims.

Robert Yim and Alexander R. Anderson and the late Sister Judith Fischer are the
others named in the suits settled this year. ]]> La. Diocese Settles Bishop Sex Abuse Claim http://www.yourlawyer.com/articles/read/8830 Thu, 11 Nov 2004 00:00:00 -0800 http://www.yourlawyer.com/articles/read/8830
The Roman Catholic diocese did not give details of the settlement involving Bishop Joseph Sullivan. But Bishop Robert Muench, who announced the deal Wednesday, said the accuser's allegations were credible.

Sullivan was bishop in Baton Rouge from 1974 until his death in 1982. The accuser, now in his 40s, said he was 17 when Sullivan sexually abused him in 1975. The man's name was not released.

Muench said Bishop Sullivan High School would get a new name, still to be determined, at the start of the next school year. The diocese will help pay for new signs and uniforms, he said.

The Baton Rouge diocese has acknowledged removing six priests over the past 15 years because of credible allegations of sexual misconduct with minors.

In September, former Springfield, Mass., Bishop Thomas Dupre became the first Roman Catholic bishop to face criminal charges in the church's abuse scandal when an indictment was unsealed accusing him of raping two boys in the 1970s. Prosecutors refused to pursue the case, however, saying the statute of limitations had expired. ]]> Iowa Archdiocese To Pay $9 Million Abuse Settlement http://www.yourlawyer.com/articles/read/8754 Fri, 29 Oct 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8754
The settlement averts a potentially embarrassing series of trials over the churchs handling of abuse claims dating back 50 years or so.

"This has been a tragic time for our church," Bishop William Franklin said. "It is my prayer that true healing may now begin in the Diocese of Davenport."

The settlement, reached after weeks of negotiations, will be covered by insurance and diocesan funds, Franklin said.

Before the settlement, the diocese had warned that it might file for bankruptcy a step already taken by dioceses in Tucson, Ariz., and Portland, Ore.

Franklin said it is unclear how the settlement would affect the church and the services it provides to its 102,000 parishioners. Earlier this month, he announced layoffs and early resignations to trim church staff from 44 employees to 18. He also mentioned selling church property, including a retirement home for priests.

Franklin declined to release the payment received by the dioceses insurer. In a court hearing earlier this month, diocese attorneys calculated church assets at $10 million. ]]> Sioux City Diocese Faces Another Lawsuit http://www.yourlawyer.com/articles/read/8729 Tue, 26 Oct 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8729
The lawsuit, filed in Woodbury County District Court last week, accuses the Rev. George McFadden of sexually abusing a man while he was an alter boy in the early 1960s.

The diocese is named in 22 lawsuits. McFadden is named in 21 of them.

Most of the lawsuits against McFadden are from his time at the now-closed St. Francis of Assisi Catholic Church in Sioux City. Others allege abuse while he was at Immaculate Conception parish in Sioux City and St. Joseph's parish in Jefferson.

Earlier this year, four of the lawsuits were settled, but no details have been made public.

McFadden is retired and lives with relatives in another state. He has been suspended from his priestly duties.]]> Third Lawsuit Accuses Ex-Priest of Sex Abuse http://www.yourlawyer.com/articles/read/8711 Fri, 22 Oct 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8711
The suit, which was filed Wednesday, accuses Francis E. McGlynn of sexually assaulting a teenage girl when her family attended St. Mary's Church in Independence between September 1972 and May 1973.

The woman, now 48, was identified only as Jane I.K. Doe. The suit seeks unspecified damages.

Separate lawsuits filed last year in Jackson County by Francis Scheuring and Teresa White are pending. The suits contend that McGlynn sexually abused Scheuring and White at the same Independence church, when they were minors.

All three suits name as defendants the Catholic Diocese of Kansas City-St. Joseph, Bishop Raymond Boland and Vicar General Patrick Rush.

Before retiring in 1992, McGlynn served parishes in Kansas City, St. Joseph, Independence and elsewhere for 38 years.

Through her attorney, McGlynn denied the charges Wednesday. McGlynn, who is no longer allowed to act as a priest, also has denied the allegations by White and Scheuring.

The latest suit alleges the plaintiff was 15 when McGlynn began touching her sexually in the church and rectory.

The diocese said it had not received the lawsuit and could not comment.

In a statement, Rush said the diocese wanted victims of sexual abuse to come forward.

"As a faith community, the diocese offers our support and our resources for healing to victims and survivors of abuse," Rush said.]]> Alleged Shanley Abuse Victim Testifies http://www.yourlawyer.com/articles/read/8668 Tue, 12 Oct 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8668 The 35-year-old man said Shanley molested him at St. Jean's Parish in Newton when he was a child.

He testified during a pretrial hearing to determine whether prosecutors can introduce testimony based on repressed memories during Shanley's trial, set to begin Jan. 18.

Shanley became a key figure in the scandal as the archdiocese released personnel files showing that he had publicly advocated sex between men and boys. The files revealed that officials were aware of complaints against him as early as 1967, but they continued to transfer him from parish to parish.

Shanley resigned in 1989 and moved to California, where he was arrested in 2002. He was indicted on charges of abusing boys at the Newton parish from 1979 to 1989. He is free on $300,000 bail.

Several of Shanley's alleged victims, including the man who testified Tuesday, settled their lawsuits against the archdiocese in April. Financial terms were not disclosed.]]> Newark, N.J. Archdiocese to Pay Nine $1.1M http://www.yourlawyer.com/articles/read/8670 Fri, 08 Oct 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8670
"There are no winners here," said Gregory Gianforcaro, who represented seven men and two women who alleged they were abused. "These men and women were sexually abused as children, and nothing will ever give them back the innocence they lost as children."

The amounts of the settlements vary. Gianforcaro declined to provide the range.

James Goodness, a spokesman for the archdiocese, said questions had been raised about the credibility of some claims, some of which date back 30 years. Only three of the allegations had been reported to the archdiocese before 2002, he said.

Nonetheless, he said the archdiocese preferred to avoid litigation "and also to provide assistance to the individuals and to seek to begin the process of healing."

Of the nine priests accused of abuse, two have active ministries and a third is retired, Goodness said. There was insufficient evidence against those three to warrant either criminal or church action, he said.

The statute of limitations had passed for criminal prosecution.]]> Archdiocese Receives 134 Claims For Clergy Abuse Funds http://www.yourlawyer.com/articles/read/8484 Fri, 03 Sep 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8484
Officials overseeing the fund announced the total Thursday, a day after the Sept. 1 deadline for filing claims.

The archdiocese established the fund last year as part of a settlement that resolved a criminal investigation into the church's handling of sexual abuse allegations involving priests.

Victims rights groups have criticized the fund as an attempt by the church to impose a financial settlement on victims.

But church officials say the fund is a fair way to provide at least some compensation to victims who might otherwise receive nothing, either because they cannot prove their claims in court or because too much time has passed to file a lawsuit.

To seek compensation, victims must agree not to sue the archdiocese or to drop any lawsuits against the church.

Matthew Garretson, who administers the fund, said he expected the late rush because many people were waiting to decide whether they were better off suing the archdiocese for damages or seeking compensation through the fund.

He said he had received 134 claims by the deadline. But the final total could go down once those claims are examined and basic facts - such as whether the priest served at the time and place listed in the complaint - are verified.

Garretson said the next steps are to evaluate all the claims, investigate the allegations and present a report to the independent three-member tribunal that will make the final decision on how much money each victim gets. ]]> Sex-Abuse Lawsuit Filed Against Catholic Priest http://www.yourlawyer.com/articles/read/8466 Tue, 31 Aug 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8466
The lawsuit by the unnamed man says the Rev. Roberto de Otero molested him when he attended St. John the Baptist Church in Kalihi and was an altar boy.

It says the plaintiff never connected his psychological problems with the abuse until March .

The suit asks for an amount of money to be determined at trial.

Another lawsuit, alleging that de Otero sexually molested Darick Agasiva and Fa'amoana Purcell in the late- to mid-1980s was settled earlier this year. The terms were not disclosed.]]> L.A. Priest-Abuse Payout Could Soar http://www.yourlawyer.com/articles/read/8461 Mon, 30 Aug 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8461
That total is based on a request by the lead lawyer for plaintiffs that insurers put aside at least $3.1 million per individual claimant to resolve child-molestation cases involving the dioceses of Los Angeles and Orange. There are more than 500 child-molestation claims naming Los Angeles-area priests and 60 more alleging abuse by Diocese of Orange priests.

A attorney for the plaintiffs says the amount is justified based on jury verdicts and settlements of other clergy sexual-abuse lawsuits across the United States. He says it is also consistent with a Los Angeles judge's secret valuation of the local claims after a closed evidentiary hearing earlier this year.

The dimensions of those key questions if claimants win, how much they can collect and from whom were revealed last week in letters to the insurers. Most of the proceedings in the consolidated cases, designed to settle once and for all the potential liability for the two dioceses, are held in secret.

The amount that insurers are willing to pay has already emerged as a stumbling block to pretrial settlements in the first wave of cases, the 60 against the Orange Diocese. The claims against the diocese could reach at least $186 million if the $3.1 million-valuation method prevailed.]]> Church Will Pay To Settle Abuse Claims http://www.yourlawyer.com/articles/read/8451 Fri, 27 Aug 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8451
The archdiocese said it hopes to settle 16 more cases.

About one-third of the $2 million will be paid by insurance, the rest from archdiocese reserve funds, said Bernard Huger, an attorney for the archdiocese.

Under the settlement, which involved allegations of misconduct during the 1970s and '80s, the archdiocese also agreed to educate children about what is appropriate touching, tell employees how to recognize child sexual abuse and post the state child abuse hot line number in all church workplaces.

The $2 million is separate from more than $1.6 million paid by the archdiocese in June to a family who said a priest sexually abused their son.]]> Six More Plaintiffs Allege Abuse While At Orphanage http://www.yourlawyer.com/articles/read/8438 Wed, 25 Aug 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8438
The latest filings bring to 35 the number of people who have sued the Nelson County-based order since last month. The plaintiffs accuse the nuns of covering up sexual abuse.

The Sisters of Charity of Nazareth operated the orphanage for Catholic Charities, which is an agency of the Roman Catholic Archdiocese of Louisville.

Previous plaintiffs in the suit also allege abuse at orphanages dating to the 1930s and at schools.

Other individuals have filed separate suits.

Yesterday's allegations name three nuns not previously included in the litigation and an assistant at St. Thomas-St. Vincent.

Four of the new plaintiffs accuse the Rev. Herman J. Lammers of sexually abusing them.

Lammers, who died in 1986, has been accused of abuse by 27 of the plaintiffs. He became director of Catholic Charities and resident chaplain at the St. Thomas orphanage in 1939. The orphanage merged with the St. Vincent orphanage in 1952 at the St. Thomas site near Anchorage. ]]> Priest Abuse Clergy Sexual Abuse Lawyer http://www.yourlawyer.com/topics/overview/clergy_abuse Wed, 25 Aug 2004 00:00:00 -0700 http://www.yourlawyer.com/topics/overview/clergy_abuse Clergy Abuse Allegations of sexual abuse in houses of worship throughout the United States have become an increasingly disturbing occurrence. With the news of more abuse by religious leaders hitting the news, more victims are finding the support and understanding they need to come forward with their stories of abuse.

Our legal team understands the pain and sensitivity of these issues and we pledge to you with an atmosphere that will make you feel comfortable as we explore your legal options to seek the compensation you deserve and punish those who are guilty of wrong doing.

In a recent abuse case in Boston has revealed that the Catholic Church went to great lengths to protect a priest who was repeatedly accused of molesting children over a period of 30 years. The list of Roman Catholic officials who apparently remained silent despite evidence that a Boston-area priest was molesting boys has grown to include a cardinal, five bishops and several parish clergy, according to legal proceedings and public statements. This is often the case as other religious officials have swept these allegations of abuse under the carpet for years.

If you or a loved one has been a victim of Priest abuse, please fill out the form at the right for a free case evaluation by a qualified Clergy sexual abuse attorney.]]>