Clergy Abuse Attorney

Rev. Georg Ratzinger, older brother of Pope Benedict XVI, gave an interview to a German newspaper about allegations of sexual abuse in the choir he ran for years. In the interview, Ratzinger states that he knows nothing about any sexual abuse during his tenure at Regensburger Domspatzen choir in Germany. He recalls instilling "discipline and rigour" among choir members but denies any sexual abuse during his 30 year tenure there. When asked about the sexual abuse crisis in Germany, Ratzinger pointed to a "certain animosity toward the church". Since he stated he has no direct knowledge of any abuse in the choir, it's hard to know what Ratzinger could provide as far as testimony. Let's hope his younger brother doesn't regard sexual abuse allegations as stemming from "animosity toward the church" since it's well documented that widespread abuse occurred not only in Germany but throughout the world, including Ireland and the United States.

Posted by Joseph H. Saunders at 10:46 AM | Permalink

The deposition of retired Chicago auxiliary bishop Raymond Goedert reveals the cloak and dagger side of the Catholic clerical culture hell bent on protecting the institution of the Church rather than children. The 180 page deposition taken in 2007 was released last week as part of a settlement agreement between sexual abuse survivors and the Archdiocese of Chicago.

The exhibits released as part of the deposition reveal the extent to which Goedert as second in command under former Cardinal Joseph Bernardin and present Cardinal Francis George went to hide and downplay the clergy sexual abuse of minors.

The deposition itself is an interesting read. Goedert, now retired, parses his words carefully and consistently corrects the lawyer when the attorney uses the word secret. Goedert prefers the word confidential in discussing how priest abuse allegations and the admissions of priests accused of abuse in handling the scandal. Most importantly, Goedert admits that the abuses were crimes but no one including himself ever reported these crimes to law enforcement officials. Rather, Goedert as head of priest personnel preferred to handle the matters in consultation with diocesan attorneys. The only instances in which parishioners were informed of a priest's sexual abuse history occurred after the offending priest had been charged with a crime or the media obtained the story.

It's a sad history for the Catholic Church in Chicago, no less tragic and scandalous as the history in Boston or hundreds of other cities across the country. The clerical culture fomented secrecy in dealing with abuse thus enabling scores of abusers to continue abusing and children suffering the effects of abuse.

Is this tragic history over? Unfortunately, not by a long shot. Dioceses continue to cover up, obfuscate, and downplay what has happened and in some instances, continues to happen in Catholic communities around the country.

Posted by Joseph H. Saunders at 11:06 AM | Permalink

The recently released Irish abuse report depicts a secular government and the Catholic Church out of control and lacking any accountability to its citizens. While some have argued after reading the report that physical abuse was rampant in Irish culture, there's no excuse for the sadistic physical, mental, psychological, and sexual torture young Irish children endured in the Catholic orphanages and boarding schools. What makes matters worse is that the report doesn't contain the names of the abusers. Without the public revelation of the abusers there's no justice for the abused.

In the United States, survivors still fight to force the Catholic Church to hand over documents revealing the names and deeds of abusers. In some places, such as Los Angeles and Bridgeport Ct, the survivors have been successful. Yet, in many other states in our country, the struggle for justice continues.

Posted by Joseph H. Saunders at 09:50 AM | Permalink

The president of Paraguay, Fernando Armindo Lugo Méndez, has admitted to fathering a child with a young woman while he was a Catholic bishop. The revelation has rocked the political and religious world in South America. The child, now 2 years old, lives with his mother a 26 year old Paraguayan who sued the president over paternity.

The most shocking and disturbing aspect of the revelation is that the former Catholic bishop began abusing the woman when she was 16 years old. This is just another of the many, many abuse stories that continue to pour out of countries around the world. The sexual abuse crisis is not new and shows no signs of abating in spite of what the US bishops continue to parrot. Ireland's primate has warned that the sexual abuse report that will be made public later this month will rock the Catholic Church in Ireland.

Posted by Joseph H. Saunders at 11:07 AM | Permalink

By an 11-8 vote, the NY State Codes Committee has passed the Child Victims Act which will give survivors of sexual abuse a one year window in which they can bring their cases to court. Under current law, most abuse cases are barred because of the restrictive statute of limitations. Now that the Codes Committee has passed the bill, the legislation will come to a floor vote for the entire New York State Assembly. In the next few weeks, state legislators will be bombarded with Catholic Church lobbyists opposed to the bill. Hopefully, they will do the right thing and pass the measure to protect children and send a clear message to our society: sexual predators and those who protect them will not be tolerated.

Posted by Joseph H. Saunders at 10:30 AM | Permalink

While the NY State Legislature has entertained legislation that would help victims of sex abuse before, there was never a realistic chance the legislation would become law. The Catholic Church lobby in New York has always held sway over a Republican controlled legislature. However, this year may be different. With a Democratically controlled Legislature and a supportive Governor, the Child Victims Act of 2009 has a very good chancing of becoming law in NY.

The bill, if signed into law, would give victims of sexual abuse a one-year window (similar to the legislation passed in California and Delaware) to revive lawsuits and claims against the perpetrators of sexual abuse as well as the religious institutions that abetted them.

It's premature to start declaring victory for justice and victims' rights. The Catholic Church in New York is very powerful and its lobby in Albany is well organized and prepared to fight tooth and nail. Bishop DiMarzio of Brooklyn has thus far been leading the charging against victims' rights. Brooklyn is the largest diocese (not archdiocese) in the country and DiMarzio has formidable political skills.

So, stay tuned and if you live in NY, lobby your representative and Senator to pass this important legislation.

Posted by Joseph H. Saunders at 08:10 PM | Permalink

Brent Edwards, a 33 year old Green Acres youth minister has been arrested and charged with have sex once a week for a year with a teenage parishioner. Edwards, who runs Extreme Revolution Youth Ministries, is now being held at the Palm Beach County Jail on $100,000 bond for the two felonies he's charged with.

Posted by Joseph H. Saunders at 04:00 PM | Permalink

When Pope Benedict XVI admonished US bishops to do everything they can to promote the healing of abuse victims, his words were met with cautious optimism. I presume Bishop Edward Braxton of Belleville, Il. was present at that meeting. Yet, a little more than six months later Braxton has chosen to fight an abuse victim in court. He isn't denying the abuse took place. Rather, he's relying on the legal technicality of the statute of limitations to deny Chris Amenn justice and an opportunity for healing. Amenn, now a local firefighter, was abused in 1984 by Rev. Kenneth Roberts.

I wonder what Pope Benedict would think of Bishop Braxton's actions? It surely doesn't seem to be the pastoral approach which Benedict called for in his April trip to the United States.

Posted by Joseph H. Saunders at 09:55 AM | Permalink

Rev. Donald McGuire's sex abuse trial began last week in Chicago. McGuire, a Jesuit priest who served as Mother Teresa's spiritual director is accused of taking children across state lines to sexually abuse them. Two men who accuse McGuire of molesting them when they were teenagers testified in court that McGuire used the confessional to ask them about their sex lives. One of the boys testified that he would confess to masturbating and that McGuire warned him that the boy would go to hell if he didn't control it. McGuire's method of helping him "control it" involved pornographic material and videos. The abuse included fondling and oral sex.

As is typical in these cases, the priest used his position of authority to gain intimate access to the young boys. He took advantage of their youth, fear, and his God-like status as a priest to sexually satisfy himself.

Posted by Joseph H. Saunders at 11:14 AM | Permalink

A lawyer representing priest abuse victims is suing the Diocese of Syracuse for its personnel records concerning a serial pedophile priest. As is typical and tragic, the priest was shuffled from diocese to diocese and parish to parish enabling him to continue to molest innocent, unsuspecting children along the way. Rev. John Broderick was indicted for molesting three boys under the age of 11. Unlike most priest abuse cases, this one is relatively recent. Broderick was ordained a priest in 1989 but hasn't served in that capacity since 2004.

Once again it's going to be a fight over the internal church documents. Fortunately, courts around the country are starting to the patterns of corruption and coverup and are granting motions to compel production of these church documents.

Posted by Joseph H. Saunders at 11:17 AM | Permalink

An Illinois jury has awarded a survivor of priest sex abuse $5,000,000. The jury believed the survivor's story that Rev. Raymond Kownacki sexually abused him and other youths, and that top officials of the Belleville Diocese covered it up for decades, including the former Bishop Wilton Gregory. Gregory, now Archbishop of Atlanta and rumored to be in the running for Archbishop of New York, didn't give key documents to his Belleville Review Board which allowed Kownacki to continue to abuse others. Furthermore, it made it impossible for the Review Board to help other Kownacki victims.

This suit was brought in 2002 and demonstrates how the wheels of justice can turn slowly at times, but they do turn. This is a victory for all survivors whose courage and strength have uncovered one of the greatest tragedies of the last 25 years: the abuse of power in the Catholic Church.

Posted by Joseph H. Saunders at 01:19 PM | Permalink

In what is clearly one of the largest civil settlements in this rural New England state, a Chittenden County jury returned an $8.7 million verdict in favor of a survivor of sexual abuse. The verdict included both compensatory and punitive damage awards. The priest abuser, Rev. Edward Paquette, was not a named defendant in the civil suit.

A key factor in the trial may very well have been the fact that Paquette had abused prior to his arrival in the Diocese of Burlington. The prior abuse had occurred in Indiana and Massachusetts. An aggravating factor may have been that the bishop at the time John Marshall retained Paquette in spite of knowlege of abuse in Rutland Vt.

While the jury verdict in Vermont is a victory for all survivors of priest sex abuse it also clearly demonstrates why the revelation of internal church documents, the so-called secret files, are so important in these types of cases. Often without access to these files, plaintiffs and survivors of sexual abuse can not prove their case and are unfairly denied justice. It is precisely these secret, internal church files that reveal the long and sordid history of abuse and Catholic Church cover-up. It's amazing that it's the same whether it's a tiny diocese like Burlington or a huge metropolitan archdiocese like Los Angelese or Boston. The church officials, bishops and their assistants spared no cost in hiding and covering-up for these sex abusers.

Posted by Joseph H. Saunders at 01:35 PM | Permalink

After Pope Benedict's visit to the United States, there is a disturbing report from Reuters that one of his top lieutenants is backtracking on reported statements he supposedly gave the NY Times about church law reform. It was widely reported over the weekend that Cardinal William Levada, Benedict's successor in charge of dealing with priest abusers, had spoken about changing canon law to help victims report abusive priests and have them removed from the priesthood.

Reuters is now reporting that the Times article was "misunderstood" and that he never made such comments about reforming church law. Levada went on to say in his retraction that he doesn't believe some US bishops aided and abetted priests who molested children.

Such backtracking is not a good sign in the wake of Benedict's hopeful actions this past week. If it's true that the church's top official dealing with priest abuse doesn't believe that some bishops weren't complicit in hiding and continuing the abuse scandal, we've taken a major step backwards. It's just this type of double talk that re-victimizes survivors and gives the church a black eye. After all, when one reads the Boston documents concerning Cardinal Law's complicity in hiding and helping priests who abuse, how could one conclude that Law wasn't guilty and had to resign? Law isn't the only bishop who covered up. The list is long and filled with high ranking cardinals and bishops: Cardinal Mahony, Cardinal George, Bishop Grahamm, to name a few.

Posted by Joseph H. Saunders at 08:48 PM | Permalink

In the Catholic Church's version of "see no evil, hear no evil" church officials have decided that Pope Benedict XVI will not meet with or address the priest abuse scandal when he arrives in the United States for his first papal visit later this month. If the news wasn't bad enough, his advisers have clumsily spoken to the press adding fuel to the raging fire.

The Vatican insists that any meeting with the victims would reopen old wounds, and several senior aides have indicated that they felt the matter was "now closed".

Monsignor Pietro Sambi, the papal ambassador to the US who was in charge of planning the trip, said the Pope would turn 81 in America, and did not have the strength to visit Boston. "He just can't go everywhere," he said.

Cardinal Tarcisio Bertone, the Pope's second-in-command, said the church had already "responded with great dignity" to the situation, and added that the "clamour created in the US around this scandal is really unbearable".

Cardinal Claudio Hummes, the prefect for the Congregation for the Clergy, said the media had "exaggerated" the issue of paedophile priests.

I guess the Pope's decided to bury his head in the sand, hoping this will just blow over. It's surely not a very smart public relations move and an even more thoughtless pastoral move. Here he is on his first visit to the United States as Pope and he refuses to confront the greatest issue facing the church in America since the Second Vatican Council. I wonder if he received any advice from the American bishops or cardinals. At least, they were smart enough to keep their thoughts to themselves and not broadcast them to the media.

Posted by Joseph H. Saunders at 11:36 AM | Permalink

Last week, I filed another sex abuse lawsuit against Fr. Richard Emerson and the Dioceses of Gary, Indiana and Orlando, Florida. Emerson, a priest of the Diocese of Gary, molested a young Orlando man while he had permission to work as a priest in the Diocese of Orlando. Emerson would buy the child gifts, give him money, and ply him with alcohol before sexually molesting him.

Posted by Joseph H. Saunders at 02:23 PM | Permalink

State Legislators in Maryland, Colorado, and Wisconsin are considering new legislation that would allow victims of sexual abuse to confront their abusers in civil court. The new proposals would provide victims a window to bring their claims in a court of law. Of course, institutions such as the Catholic Church are vigorously opposing the measures, arguing that the new laws would be unfair to them. However, state legislators are recognizing that the old laws unfairly deny victims an opportunity to seek justice because of the unique nature of the injuries they sustained as children.

Posted by Joseph H. Saunders at 09:18 AM | Permalink

Rep. Gwyn Green, D-Golden has introduced legislation in the Colorado State Legislature that would lift the ban on sexual abuse lawsuits involving children as well as provide a two-year window for past abuse claims to be filed in court. In spite of a defeat in 2006, Rep. Green thinks this time the law has a good chance of passing. Children's advocates have been pressing legislators across the country for more equitable laws that actually protect children from sexual predators and the institutions that hide them.

Posted by Joseph H. Saunders at 11:08 AM | Permalink

The Diocese of Davenport in Iowa has settled 156 sexual abuse cases for $37 million. Part of the settlement will be set aside for other abuse victims who may come forward in the future. As part of the settlement, the survivors will be able to speak with the press and in Catholic churches about the abuse they suffered as well as the tremendous damage the abuse wrecked in their lives. As a result of the settlement, the Diocese of Davenport will be able to come out of bankruptcy which it entered in October 2006.

Posted by Joseph H. Saunders at 11:25 AM | Permalink

Now that the Diocese of Providence has been forced to turn over church documents about abusive priests. In one instance in 1979 concerning Rev. Ronald Lepire, thenAuxiliary Bishop Kenneth Angell suggested transferring Lepire after police began investigating an allegation about Lepire putting his hands down a boy's pants. Angell wrote on diocesan stationery, " "For confidential reasons, Fr. Roland M. Lepire now at St. Aloysius, Woon must be transferred at once," "He should not be reassigned in the Woonsocket area." In another church document, the church lawyer advised a priest to tell then-Bishop Gelineau about the incident. In the conversation, the priest was advised not to mention the word misconduct. The lawyer advised him to talk to the Bishop since "that would provide some significant measure of protection."

Posted by Joseph H. Saunders at 09:39 AM | Permalink

In spite of the Diocese of Phoenix' directives to the contrary, Monsignor Dale Fushek is functioning and ministering to congregants. He held a "praise and worship" service at the Mesa Marriott in direct contravention of his bishop's orders. Fushek has been indicted on 7 counts of inappropriate sexual behavior with teens from 1984 until 1994. Fushek is officially on administrative leave from the Diocese of Phoenix pending his court case.

Posted by Joseph H. Saunders at 08:41 AM | Permalink

Rev. Andrew Greeley, in his column in the Chicago Sun Times, has written an insightful article on the real nature and root causes of the sex abuse crisis in the Catholic Church. As he himself points out, it's not really his theory and its not new but it's worth taking another look at it, especially now that the Catholic bishops have given us a glimpse of the final John Jay Report due out in a year or so from now. Unlike the John Jay Report, Greeley sides with a noted sociologist (Greeley himself is one) Professor Anton Shupe of Purdue University. According to Shupe, the root cause of the crisis is power. It's not, as the report wants us to think, changing societal and sexual mores or media hype that is at the base of the sex abuse crisis. Rather, it's an abuse of power where the weak are preyed upon by the strong.

Posted by Joseph H. Saunders at 11:36 AM | Permalink

Rev. Frank Mutsko, a Catholic priest who'd been working in the Diocese of Orlando took $500,000 in cash, a car, two homes, and other gifts from an elderly parishioner of St. TImothy's outside of Ocala. Now, Carol Brinati, spokesperson for the Diocese of Orlando, stated that Mutsko broke no rules in accepting the gifts. In all likelihood, he didn't break any criminal laws either. That's not the point. A priest, like a doctor, a counselor, an attorney needs to be able to know when receiving a gift is appropriate. A cardinal rule in the priesthood is to avoid giving scandal. That means avoiding even the appearance of impropriety. You can't tell me taking that amount of gifts from a parishioner doesn't appear wrong. The family of the elderly woman is crying foul. They believe the priest took advantage of her. Priests are in a unique position of authority and power in the Catholic community. The Catholic faith teaches that the priest's place in the community is in persona Cristiwhich is Latin for in the person of Christ. That's a lot of power and with it comes the requisite amount of responsibility to not abuse that power and authority.

Posted by Joseph H. Saunders at 10:54 AM | Permalink

A Catholic priest's sexual abuse trial begins today in Scranton, PA after a jury was chosen yesterday. The judge ruled in favor of the survivor to hold a separate trial on punitive damages if the former altar boy prevails in his negligence trial against Rev. Albert Liberatore and the Diocese of Scranton. Libertore was found guilty of abusing the young boy and was sentenced to five years probation. He has since been dismissed from the priesthood.

Posted by Joseph H. Saunders at 10:19 AM | Permalink

Soon after Jesuit priest Donald McGuire was charged with molesting minor boys, the Chicago Province of the Jesuits issued a statement saying it has "cooperated extensively" with the federal probe into the convicted Jesuit priest. If that's true, why did the Jesuits state about nine weeks ago that they had no other knowlege of abuse by the priest than the abuse for which he'd been convicted? It turns out from the publication of their own internal documents that the Jesuits DID know about McGuire as far back as 1969. That doesn't seem to be "cooperating extensively" with the federal government. But, maybe the Jesuits had a "mental reservation" about releasing such information. Perhaps, they were more interested in concealing McGuire's history for the "good of the Church" so as not to give scandal. It's a pity they weren't so concerned with the numerous boys McGuire molested after 1969!

Posted by Joseph H. Saunders at 01:22 PM | Permalink

If you think priest abuse is old hat and we're beating up on the Church, check out SNAP. You'll see that the Church is still concealing and deceiving us about abusive priests. They refuse to tell the truth. That's why we have to drag them into the light of day ie. court. We need access to their documents and their files if justice is going to be accomplished. This is an ongoing mission much like the civil rights movement of the 1960's.

Posted by Joseph H. Saunders at 08:33 PM | Permalink

The publication of the Rev. Donald McGuire's priest files reveals not only a history of sexual abuse but, more disturbingly, that the Chicago Province of the Society of Jesus (Jesuits) had known that McGuire was sexually abusing children since at least 1969. He's been convicted of abuse and up until recently the Catholic Church denied they knew anything about McGuire's criminal behavior. However, the records show a different story. That's why the Catholic Church fights tooth and nail to keep secret these documents. They reveal a history, pattern, and practice of deceit, cover-up, and conspiracy to hide the criminal behavior of abusive priests. The documents, also known as the secret archival files or confidential files, are crucial if the public, especially children are going to be safe from these predatory priests.

Posted by Joseph H. Saunders at 11:44 AM | Permalink

Gerald Renner, long-time religion reporter for the Hartford Courant, died yesterday after battling cancer. Renner teamed up with Jason Berry to expose the priest sex abuse crisis that engulfed the Catholic Church in America. After Hartford Archbishop John Whealon commented on the conservative, secret nature of the Legionaries of Christ, Renner began investigating the religious order who had headquarters in Connecticut. What he found was the beginnings of the sexual abuse crisis in the United States. In 1996, he authored an in-depth expose of the Order's founder Rev. Marcial Maciel Degollado and how he had abused seminarians. In 2004, he co-authored with Jason Berry, "Vows of Silence: The Abuse of Power in the Papacy of John Paul II."

As we reflect on the life of this journalist, we should remember he was a friend to the survivor of priest sex abuse. He was never afraid to expose the truth no matter how powerful were the evil forces lurking in the shadows. He was a great man and a friend to the survivor movement. He will be missed.

Posted by Joseph H. Saunders at 08:31 AM | Permalink

Catholic priest Alan Placa has been accused of abusing three children. Placa happens to be on of Rudy Giuliani's closest friends. So, when Placa was removed from ministry based on the molestation accusations, Guiliani hired him as a top consultant in his consulting company. Giuliani, former mayor of NY and presidential candidate, doesn't see the problem in hiring a priest accused of sexual abuse. Survivor advocates have begun protesting the hiring and are voicing their displeasure over Rudy's decision and apparent disconnect when it comes to the issue of sexual abuse.

Posted by Joseph H. Saunders at 11:17 AM | Permalink

In court paper filed in connection with a survivor's lawsuit, the Diocese of Providence has revealed that the number of abusive priest in that diocese is double the number they stated in 2004. The previous number of priest abusers was said to be 56. Now that number has been raised to 125. In spite of this astounding revelation, the Diocese is still trying to fight the release of church documents. For those of us in the trenches, this is not something new or surprising. As I stated in a previous post, the release of church documents is the only way to bring the abusers and the church who hid them into the light of day and into the halls of justice.

Posted by Joseph H. Saunders at 09:57 AM | Permalink

While it's clear to all who are working with survivors of priest sexual abuse that the crisis in the United States is not over, the next battleground will be Latin American. The next wave of survivors will be Hispanics who are fiercely religious and where sexual abuse of the faithful has gone underreported and often unreported in most sectors. The Church remains a very strong cultural influence in the latin community. Priests and nuns are revered and their behavior is often unquestioned. I recently lost a priest sexual abuse case in Puerto Rico due to the statute of limitations. The survivor, who had been abused many years ago, was determined by the court to be time barred from seeking justice in the civil courts. Most survivors are not able to come forward to face their abusers for many years, sometimes decades because the abuser is a priest or a nun. The survivor has lived with the abuse and said nothing because they feared that saying anything bad about a priest would mean they would be sent to hell and cut off from the church.

Continue reading "The Next Sexual Abuse Battleground: Latin America" »

Posted by Joseph H. Saunders at 09:25 PM | Permalink

Bishop Tod Brown may be the first Catholic bishop to be thrown in jail as a result of the priest sex abuse scandal that has rocked the Catholic Church since 2002. Brown's situation is somewhat different in that it comes after the Diocese of Orange County settled sex abuse claims for almost $7,000,000. However, it was Brown's actions during litigation that landed him in legal hot water. Brown sent Monsignor John Urell to a treatment facility in Canada after he suffered an apparent breakdown during a deposition regarding the sexual abuse cases. Plaintiff's attorneys had expected the contempt of court charge to be dropped since the case settled but diocesan attorney Peter Callahan insisted the hearing move forward in an attempt to clear the bishop's name. The contempt charge asserts that Urell was sent to the treatment facility in order to hide evidence of how the Diocese handled abuse allegations. Urell had been the chancellor of the Diocese and was in charge of hearing and investigating charges of abuse.

Posted by Joseph H. Saunders at 11:50 AM | Permalink

Cardinal Adam Maida is a canon lawyer as well as a civil lawyer. His plan to make individual parishes independent entities will help him avoid abuse litigation resulting from sexual abuse by Catholic priests of the Detroit Archdiocese. Detroit, like other archdioceses and dioceses around the country, are structured as a corporation sole. This rare corporate structure gives the archbishop or bishop complete, unquestioned power and control over all aspects of parish finances, property and administration. In essence, everything belongs to the bishop.

Posted by Joseph H. Saunders at 11:09 AM | Permalink

A bishop from the Diocese of Bani in the Dominican Republic who had retired early has been accused of sexual abuse of a Cuban refugee. The bishop, Priamo Tejeda-Rosario, had been working in the Diocese of Venice for the past nine years. The circumstances surrounding his early retirement are not known at this point.

Posted by Joseph H. Saunders at 11:57 AM | Permalink

The Archdiocese of Chicago has agreed to settled one lawsuit for $1.6 million involving the Rev. Daniel McCormack. According to lawyers involved in the case, the 15 year old survivor and his family agreed to settle the case in order to pay for therapy. Two suits against McCormack and the Archdiocese are pending. Unfortunately, the settled lawsuit did not produce any documentation concerning church conspiracy or cover-up which is usually revealed as a result of litigation.

Posted by Joseph H. Saunders at 08:34 AM | Permalink

A federal bankruptcy judge has ordered that 42 cases of sexual abuse against the Diocese of San Diego proceed in spite of the bankruptcy proceedings. In February, the Diocese of San Diego filed for bankruptcy protection arguing that the impending sex abuse lawsuits could cripple the California diocese. However, I believe the bankruptcy move was a tactical ploy to stall or completely derail the abuse victims from proceeding with their lawsuit. The judge apparently agreed with that assessment. The ruling puts pressure on the Diocese to settle these cases before it faces the expense and embarassment of 42 public trials.

Posted by Joseph H. Saunders at 08:56 PM | Permalink

After reading the transcript of my deposition of Sister Lucy Vasquez, former Chancellor of the Diocese of Orlando, Orlando Sentinel reporter Mark Pinsky decided to do some investigation of his own. He found that more than one Philadelphia priest who had a history of sexual abuse landed in the Diocese of Orlando. During the deposition, I had questioned Sister Lucy about Fr. Stanley Gana and she testified under oath that she couldn't recall his name (in spite of the fact that the Philadelphia Grand Jury Report mentions that Sr. Lucy had received a complaint from parishioners about him and she subsequently called a priest in Philadelphia).
As a result of Pinsky's investigation, another Philadelphia priest with an abusive past landed in Orlando. Fr. Nicholas Cudemo, described by a fellow priest in the Report as "one of the sickest people I ever knew." Yet, the Diocese of Orlando continues to claim it's main concern is the protection of children. While they pat themselves on the back, we'll continue to press forward with our lawsuit. Discovery in a courtroom is the only way in which the truth will be known in these cases. This is why it is so important for lawsuits to be allowed to proceed. The truth doesn't stand a chance to be revealed as long as organizations can hide behind the cloak of the statute of limitations.

Posted by Joseph H. Saunders at 11:24 AM | Permalink

As I blogged earlier this week, Roger Cardinal Mahony has managed to keep himself and his Archdiocese from a full public accounting of the priest abuse scandal by paying $660 million dollars to survivors. In today's St. Petersburg Times, the editorial lays out the same argument I've made. It's not good for society, or for that matter the Church, when leaders like Mahony can escape judgment by offering a monetary payout in order to escape the truth.

I had an interesting conversation this week with a former priest who appeared with me on the local Fox station about the abuse issue. He reminded me that it was the same Cardinal Mahony who called on Cardinal Law to resign when the Boston revelations were threatening the Catholic Church on the east coast. In his press conference, Mahony apologized to the survivor of sexual abuse but never offered an apology for his coverup and behavior. If there's ever any real healing, people like Mahony have to pay for what they've done.

Posted by Joseph H. Saunders at 12:58 PM | Permalink

On the eve of a civil trial that would have exposed the Catholic Church in Los Angeles to more damage than a lawsuit, Cardinal Mahony settled with the victims of clergy abuse for $166 million. Essentially, Mahony knew it would be cheaper for him to pay $166 million rather than allow the public access to the sordid stories of priest abuse surely to be found in the priest personnel files. While the settlement includes turning over these files, Los Angeles may follow the Archdiocese of Portland's lead when they were forced to do the same thing. Prior to turning over the documents, officials in the Archdiocese of Portland so sanitized and purged the files, few vestiges of the truth were left for public view. The real story in this settlement is that Mahony bought his freedom with the faithful's money. He also was able to avoid the public relations nightmare his testimony at a public trial would bring. As always, the real heroes and heroines in this saga are the survivors who mustered the courage to come forward in what must have seemed to them as a David and Goliath scenario.

Posted by Joseph H. Saunders at 09:04 PM | Permalink

On the eve of a civil trial that would have exposed the Catholic Church in Los Angeles to more damage than a lawsuit, Cardinal Mahony settled with the victims of clergy abuse for $166 million. Essentially, Mahony knew it would be cheaper for him to pay $166 million rather than allow the public access to the sordid stories of priest abuse surely to be found in the priest personnel files. While the settlement includes turning over these files, Los Angeles may follow the Archdiocese of Portland's lead when they were forced to do the same thing. Prior to turning over the documents, officials in the Archdiocese of Portland so sanitized and purged the files, few vestiges of the truth were left for public view. The real story in this settlement is that Mahony bought his freedom with the faithful's money. He also was able to avoid the public relations nightmare his testimony at a public trial would bring. As always, the real heroes and heroines in this saga are the survivors who mustered the courage to come forward in what must have seemed to them as a David and Goliath scenario.

Posted by Joseph H. Saunders at 09:04 PM | Permalink

There was an excellent article in the Palm Beach Post yesterday regarding the inequity of Florida's civil statute of limitations. The present law effectively bars victims of clergy sexual abuse from pursuing justice in the courts. This needs to change if abusers are going to pay for their activity.

Posted by Joseph H. Saunders at 08:27 AM | Permalink

When someone famous comes forward and speaks out as a victim of sexual abuse by a Catholic priest, it's bound to make headlines, especially if that person is a TV anchor. Thomas Roberts is a successful journalist haunted by the abuse he suffered more than 20 years ago by a Baltimore priest Fr. Jeff Toohey. His silence cost him dearly. His emotional health deteriorated and he had trouble with relationships. However, he found the courage and the hope to come forward and speak out. As a trial lawyer who represents sexual abuse survivors, it's my sincere hope all those tormented by sexual abuse will find healing, comfort, and hope in the courage of Mr. Roberts.

Posted by Joseph H. Saunders at 01:43 PM | Permalink

During the homily at his last mass at St. Leo Catholic Church in Detroit, Bishop Gumbleton apologized to his parishioners for the uproar surrounding his forced removal from the parish. He als stated that he's certain that his removal is connected to his support of sexual abuse victims last January. Click on the link on Bishop Gumbleton to see the video of his courageous homily.

Posted by Joseph H. Saunders at 12:46 PM | Permalink

Last night, I read with great interest Mary Gail Frawley-O'Dea's article on the Catholic Church sex abuse crisis published in the National Catholic Reporter. For those of you who aren't Catholic or don't follow the church that closely, the Reporter has consistently reported on the abuse crisis since 2002. It has done so with journalistic integrity and professionalism. This particular story focuses on the church's new PR campaign to direct the focus on the trial attorneys, like myself, who are trying to help abuse victims. O'Dea correctly points out that many of the victims I represent went to the church before they hired me. However, once the church spurned them, they called me. While some in the church hierarchy want to blame the lawyers, they should take to heart the words quoted at the end of the article, "Come to terms quickly with your accuser while you are on the way to court with him, or your accuser may hand you over to the judge, and the judge to the guard, and you will be thrown in prison. Truly I tell you, you will never get out until you have paid the last penny. ... And if anyone wants to sue you and take your coat, give your cloak as well."

Posted by Joseph H. Saunders at 01:54 PM | Permalink

A few weeks ago, State District Judge Len Wade ordered the release of secret documents containing files and information about the behavior and cover-up of pedophile priests and their conspirators, the bishops of the Catholic Church. The secret archive is actually mandated by canon law (the general law of the Catholic Church) and is where confidential documents of the church go. They are never to be discussed or seen by anyone except the bishop himself and/or his selected delegate. At least until now, advocates for survivors of sexual abuse have been stymied in their efforts to unseal these files. It has been long suspected that these archives contain the dirty secrets of a corrupt system that hides and moves sexually abusive priests. Maybe the rest of the country will follow the Lone Star State's lead in this quest for justice and truth.

Posted by Joseph H. Saunders at 09:27 AM | Permalink

Cardinal Mahony and the Archdiocese of Los Angeles has agreed to pay $60 million to settle 45 lawsuits alleging sex abuse by priests. It's the second largest payout in California, right behind the settlement with the Diocese of Orange.

Posted by Joseph H. Saunders at 02:16 PM | Permalink

Texas legislators have agreed to consider extending the statute of limitations on sexual abuse cases in light of the latest revelations that the Diocese of Fort Worth officials misled people about sexual abuse by priests and tried to delay victims from taking legal action until time ran out. While this is good news in Texas, it hasn't effected change in other parts of the country such as New York, Ohio, and Michigan. The abuse of any child is a reprehensible crime and the cover up and deception of those in charge of the priest abusers is even more heinous. The only way to stop it is if the laws change. Even the Pope has called for the truth in these cases.

Posted by Joseph H. Saunders at 09:31 AM | Permalink

Last week's appointment of Brazilian Cardinal Claudio Hummes as the new Prefect of the Congregation for Clergy caught many veteran Vatican watchers by surprise. Hummes replaces Cardinal Dario Castrillon Hoyos, a 77-year-old Colombian who was seen as a staunch conservative and a close ally of the former Pope John Paul II. In his dealings with the clergy abuse scandal, Hoyos was characteristically out of touch. He blamed the media and stated that the crisis was largely isolated to the United States.

Hummes' appointment might signal a new era for survivors of sexual abuse. Hummes has been known as a progressive thinking Brazilian whose friends include Brazil's left-wing president, Luiz Inacio Lula da Silva. Hummes has also allied himself with a brand of theology (liberation theology) considered anathema by the Vatican. Hopefully, this new appointment will usher in a new era of dialogue and openness toward survivors and their families.

Posted by Joseph H. Saunders at 10:27 AM | Permalink

In the wake of Pope Benedict XVI's talk to Irish bishops about the abuse scandal, abuse victims in Baltimore have called on Cardinal Keeler of Baltimore to follow the Pope's mandate. Benedict told Irish bishops "it is important to establish the truth of what happened in the past, to take whatever steps are necessary to prevent it from occurring again, to ensure that the principles of justice are fully respected and, above all, to bring healing to the victims and to all those affected by these egregious crimes."
So, why has Keeler stonewalled victims? He's offered his apology but apologies are empty if they're not supported by action.

Posted by Joseph H. Saunders at 09:58 AM | Permalink

The recent revelations concerning former Florida Rep. Mark R. Foley's sexual abuse at the hands of a Roman Catholic priest are neither surprising nor atypical. Most victims spend their lives trying to escape the horros of their past abuse and the perpetrators spend their lives as if they had done nothing wrong. Rev. Anthony Mercieca has admitted to nothing more than a relationship with Foley. In his own words, the priest concludes, "It's not something you call, I mean, rape or penetration or anything like that, you know, It was just fondling."

Abusers rarely admit publicly or even to themselves the harm they have caused by their leacherous behavior.

Posted by Joseph H. Saunders at 12:37 PM | Permalink

Buck Lanham, coach at Orlando Christian Prep and formerly of Bishop Moore HIgh School in Orlando has been arrested on charges of possession of child pornography and possession of marijuana. Lanham will not face charges that he had sex with a 14 year old girl because the statute of limitations had expired.

Posted by Joseph H. Saunders at 10:36 AM | Permalink

Now that Rep. Mark Foley has disclosed that he suffered sexual abuse at the hands of a clergy person, he now must take the necessary step and identify his abuser. If our children are going to be safe, the perpetrators must be identified and punished. Children could be in danger right now. Mark Foley needs to do the right thing and identify his abuser.

Posted by Joseph H. Saunders at 05:27 PM | Permalink

The recent uproar concerning the BBC documentary entitled "Sex Crimes and the Vatican" is nothing new. While bishops in England have united in decrying the BBC program, the Vatican cover-up of sexual abuse of children is well documented and supported by church documents. One such document is the infamous Crimen Solicitationis. The document was issued by the Holy Office (now called the Sacred Congregation for the Doctrine of the Faith) in 1962 and in part dealt with clerics abuse of minors and farm animals. Anyone who understands the inner workings of the church realizes that the Vatican doesn't promulgate a document without substantial reason. In other words, the Vatican wouldn't have discussed sexual abuse or solicitation in the confessional unless it was deemed a problem!

Continue reading "Sex, Crimes and the Vatican: Setting the Record Straight" »

Posted by Joseph H. Saunders at 08:00 AM | Permalink

In an unprecedented move, the Massachusetts Legislature has given final approval to a bill that would virtually eliminate the statute of limitations against sexual predators. The new child protection bill does not address civil remedies however.

Posted by Joseph H. Saunders at 01:08 PM | Permalink

After a new "search" of its files, the Archdiocese of Minneapolis-St. Paul has found records indicating that a victim of sexual abuse did indeed tell church authorities about the criminal behavior. In handling these clergy abuse cases, I've often heard that "we don't have any records" or "Father has no other allegations of abuse". While this is a common refrain that shields the church from further scrutiny, it's very often not the case. The church, per its canon law, has files of abuse that are kept in the "Secret Archives". The only people who have access to such files are the bishop and his chancellor. When a file is destroyed in the Secret Archives, church law requires that a notation be made about the destroyed record, why it was destroyed, and what it contained.

Posted by Joseph H. Saunders at 10:23 AM | Permalink

Monsignor Dale Fushek, a former high-ranking official in the Diocese of Phoenix, has succeeded in convincing a judge to allow his case to be tried in front of a jury. Fushek, the charismatic founder of Life Teen, is banking on his personal charm to sway the jury of his peers. However, the charges are serious and the witnesses aren't backing down. No trial date has been set.

Posted by Joseph H. Saunders at 09:32 AM | Permalink

The Roman Catholic bishops of Pennsylvania have taken a strategy quite different from the one employed earlier this year in Denver by Archbishop Charles Chaput, OFM Cap. Unlike Chaput who vehemently and aggressively attacked any legislation that would have helped victims of clergy abuse, the bishops in the Keystone state have remained silently indifferent. Michael Piecuch, majority chief counsel to the House Judiciary Committee, was quoted in the Philadelphia Inquirer today, "If Cardinal Rigali were to call a press conference... and say, 'This is what we are for: these criminal reforms,' it would probably be done."

Continue reading "Pennsylvania Bishops' Strategic Silence" »

Posted by Joseph H. Saunders at 11:21 AM | Permalink

In a potentially significant court ruling in New Jersey, cleared the way for an abuse victim to sue the employer of the abuser. Settling an unresolved question of law, the justices ruled that schools and other employers can be held responsible for child molestation committed by their employees. They left it for a jury to decide after a trial whether the choir school is liable for the abuse Hardwicke said he endured on a daily basis from former choirmaster Donald Hanson.

Posted by Joseph H. Saunders at 10:04 AM | Permalink

Sexual abuse victims abused by priest of the Archdiocese of Philadelphia asked a federal judge to turn aside the Archdiocese's Motion to Dismiss the lawsuits. However, the victims argue that the church violated federal racketeering and conspiracy laws by covering up the abuse. The coverup allegations have been well-documented in the scathing grand jury report issued last year.

Posted by Joseph H. Saunders at 11:04 AM | Permalink

Russell Lee Brown, 53, was a pastor at Antioch Missionary Baptist Church until he resigned in May after 20 years, according to court records. Brown, 2 Kingsman Circle, Fort Myers was charged with three counts of lewd and lascivious battery, police said.

Detectives are investigating at least six allegations of sexual molestation that occurred between 1999 and 2005. The victims who came forward were 10 and 11 when the alleged crimes occurred.

Posted by Joseph H. Saunders at 11:01 AM | Permalink

This weekend's review of Florida newspapers displayed another case of sexual abuse by a Catholic priest. This time the priest was a visiting priest from India assisting the Diocese of Pensacola-Tallahassee. The Diocese had performed the required background checks but this didn't prevent the abuse. The reason is simple. Most abusers who are priests aren't arrested, charged with a crime, or convicted of anything! There's no system of tracking or monitoring these dangerous predators.

Posted by Joseph H. Saunders at 09:59 AM | Permalink

Sex abuse victims and their advocates have called on the Massachusetts Legislature to repeal statutes of limitations that prevent them from seeking justice from their abusers. At a Statehouse rally, members of the Coalition to Reform Sexual Abuse Laws said that some 130 representatives and senators support the bills, but that leaders of the Judiciary Committee are preventing a vote.

What's happening in Massachusetts is reflective of what's occurring across the country as more victims are seeking redress for crimes committed against them when they were children.

Posted by Joseph H. Saunders at 08:56 AM | Permalink

The Vatican has filed an appeal in the US Court of Appeals for the Ninth Circuit regarding an earlier court decision allowing an abuse victim to sue the Vatican for covering up the abuse. Judge Michael Mosman had refused to dismiss the lawsuit arguing that according to Oregon law, the perp priest was in fact an employee of the Vatican.
The plaintiff claims he was molested by Ronan as a teenager while Ronan was located in Portland.

Posted by Joseph H. Saunders at 08:45 AM | Permalink

In a groundbreaking decision, an Oregon judge has dismissed the Vatican's bid to stave off a lawsuit filed on behalf of a victim of sexual abuse. The Vatican argued that it was immune from such lawsuits due to the Foreign Sovereign Immunity Act. In denying the Holy See's motion to dismiss, Judge Michael Mosman held that the Holy See is not entitled to immunity under the Foreign Sovereign Immunity Act because, "without warning parishioners of a known danger, [the Holy See] placed a priest it knew to be a child molester in a position in which, for the third time, he would have private access to minors." The judge held that the FSIA was not created to protect conduct such as that.

Posted by Joseph H. Saunders at 08:31 AM | Permalink

When Pope Benedict XVI "invited" Fr. Maciel, the powerful and charismatic founder of the Legionaires of Christ, to live a life of prayer and penance, an extraordinary if subtle event had occurred. According to Jason Berry, the well-known reporter who has covered the abuse scandal since the beginning, notes in the Hartford Courant that Benedict was sending a signal that he's not afraid to disagree with his predecessor John Paul II. John Paul had lavished praise on the priest and refused to seriously consider the abuse allegations. Benedict, for his part, has acted swiftly (at least, in ecclesiastical terms) and decisively against Maciel.

Posted by Joseph H. Saunders at 10:14 AM | Permalink

The Delaware Legislature will consider a bill that would give victims of sexual abuse more time to seek civil justice from their abusers. 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.

Posted by Joseph H. Saunders at 11:04 AM | Permalink

In spite of vehement denials from the Vatican, a Monsignor working at the Vatican was arrested in an area known for prostitution. When confronted by police, the priest fled the scene and resisted arrest. Once he was caught, he admitted to looking for "adult companionship". I guess that's a Vatican euphemism for a prostitute.

Posted by Joseph H. Saunders at 10:40 PM | Permalink

In the end, the controversial bill didn't even get a vote. Sen. Ron Tupa decided against bringing HB 1090 up for a vote. The Colorado Legislature, heavily lobbied and pressured by the Catholic Church, didn't even have the courage to vote on a measure that would have extended the time abuse victims have to brings their abusers to justice. What a sham, what a shame!

Posted by Joseph H. Saunders at 06:06 AM | Permalink

Call it what you want but there is no mistaking the enormous pressure the Catholic bishops of Colorado and their lobbying arms are bringing to bear on legislators regarding the recent statute of limitations legislation. The proposed bill would effectively extend the time by which victims of clergy abuse could bring their abusers to justice. The bill has been met with a firestorm of public criticism and back door lobbying by Colorado bishops, chief among them Archbishop Chaput of Denver. It's still not clear whether the legislators have the intestinal fortitude to resist such pressure.

Posted by Joseph H. Saunders at 12:13 PM | Permalink

Colorado is not the only state moving forward to uncover sexual abuse crimes. NJ, Pennsylvania, Ohio, and now New Hampshire legislatures are considering bills that require reporting of suspected sexual abuse. In New Hampshire, HB 1127 is being re-introduced with no reporting exemption for the confessional. These are good moves, if passed and signed into law, that would help sexual abuse victims recover and prevent further abuse in the future.

Posted by Joseph H. Saunders at 09:44 AM | Permalink