NY cardinal’s new compensation program for victims will keep sex abuse hidden

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Archbishop Timothy Dolan

Cardinal Timothy Dolan is trying something new. After years of successfully opposing legislation that would give New York abuse victims more time to sue, he has launched a victims’ compensation program — a first for the New York archdiocese.

This is the Year of Mercy, and the cardinal said he was inspired by the “grace and challenge” of this fact.

“I just finally thought: ‘Darn it, let’s do it,’ ” he told The New York Times.

The surprise move is winning the cardinal praise. The often critical New York Daily News commended him, citing his “remarkable moral courage.”

As a researcher of the Catholic abuse crisis, I see his plan differently. While the fund certainly will help some victims, its biggest beneficiary will be Dolan and his management team. This is a legal strategy in pastoral garb, a tactic by the powerful archbishop to control victims and protect the church’s assets and its secrets.

On its face, the plan is reasonable. A victim submits a claim form with documentation about rape or molestation by a priest or deacon. If deemed credible, the victim receives an award, which the archdiocese promises to disburse quickly — within 60 days.

The program is being administered by Kenneth Feinberg, who oversaw the 9/11 fund and mediated the settlements between Jerry Sandusky’s victims and Penn State.

But there’s a catch — two catches, actually. Victims must sign a legal agreement to abide by “all requirements pertaining to privacy and confidentiality,” and they must release the archdiocese from future liability — i.e., never sue it. (See section III, paragraph G of the IRCP’s Protocol webpage.)

So the fund implements a strategy. If the Child Victims Act ever passes in New York — and Gov. Andrew Cuomo promises it will be a priority in 2017 — Dolan will have already flushed out and shackled many of the victims who might have filed suit.

And unlike the Penn State claimants, the victims in Dolan’s program will be signing releases without the benefit of any information about how their perpetrators were managed. Did archdiocesan officials know or suspect that the priest was a risk to children before the victim suffered abuse? Did the priest have other victims? What happened to him after the archdiocese learned of his crimes? Are children protected from him now? Under Dolan’s plan, all of this stays hidden.

Of course, agreeing not to sue is an easy concession right now for child sex abuse victims in New York. Thanks in part to lobbying by Dolan and his brother bishops, victims remain effectively powerless: the state’s restrictive civil statute of limitations gives them only until age 21 to sue complicit employers. For the vast majority of victims, this is not enough time.

In terms of its statute of limitations for child sex crimes, New York state is an outlier: only Alabama and Michigan limit victims as severely.

This is bound to change. While the Child Victims Act was defeated yet again last year, it generated tremendous public support.

When it passes, the Act will give future victims more time to take action, and it will include a “look-back” clause: for a limited period, it will revive the currently expired civil claims of all abuse victims in New York.

This retroactivity is what worries Dolan. Lawsuits by victims will result not only in payouts by the church, but the disclosure of its secret abuse files, revealing what archdiocesan managers knew and when.

To date, because of New York’s predator-friendly statute of limitations, the massive archdiocese’s abuse problem has appeared tiny. Its only tally of accused priests occurred in 2004, when Cardinal Edward Egan claimed an implausible total of 49 accused priests since 1950 — one percent of its active priests for that time period.

Consider that in Boston, with far fewer total priests, Cardinal Sean O’Malley conceded in 2011 that 250 priests since 1950 had been accused. In Los Angeles, Cardinal Roger Mahony counted 244 accused clergy. Even the small rural diocese of Manchester, N.H., concedes more accused priests than Dolan has acknowledged in New York.

Obviously, Dolan knows that his potential exposure is enormous, and one victim at a time, his new program will chip away at this perceived threat. Every participant will represent a case that will never be brought to light; a perpetrator’s name that may never be made public; and perhaps, a story of archdiocesan mismanagement that will never be revealed.

Inevitably, his plan will exploit those who are desperate: I’ll give you quick money, but you must keep my secrets.

Dolan has pre-empted victims before. In his prior post in Milwaukee, shortly before an expected state Supreme Court decision that would allow victims to sue for fraud, the archbishop quietly transferred $57 million in church funds into a special cemetery trust that would be off-limits to plaintiffs.

In this year of “grace and challenge,” the cardinal should do things differently. Mercy cannot come with chains. Dolan should eliminate requirements for the victim to stay silent about any aspect of the mediation. And he should accompany the fund with radical transparency.

After all, there is the promise of his fund’s title: the Independent Reconciliation and Compensation Program. The cardinal is using our church’s language to sacramentalize his scheme, so let him follow through. As every First Communicant knows, “reconciliation” occurs only with disclosure and confession. Dolan should come clean, before the courts force him to do so. He should publish a list of accused clerics, as more than 30 other U.S. bishops have done. He should release the archdiocese’s secret files on all of its abusers. And he should tell his lobbyist in Albany to cease and desist.

Without transparency and honesty, Dolan’s fund becomes just another tactic to make sure the New York archdiocese doesn’t answer for its actions — an accountability dodge that ultimately hurts children, victims, parishioners, and the church’s own chance for redemption.

[Anne Barrett Doyle is co-director of BishopAccountability.org, an independent non-profit based in Waltham, Mass., founded in 2003, to research child abuse by priests and religious and on the management of those cases by bishops, religious orders and the Holy See.]

Complete Article HERE!

N.Y. pol says Brooklyn bishop tried to bribe her to drop child-abuse reform; diocese calls her allegation ‘patently false’

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The head of the Catholic Church in Brooklyn offered a $5,000 bribe to an Albany politician in exchange for dropping her support for the reform of a state law preventing victims of child sexual abuse from seeking justice, the pol claimed Monday.

Assemblywoman Margaret Markey, who has for a decade advocated for an overhaul of the state’s statute of limitations on claims of child sexual abuse, said she turned down the unholy hush money from Bishop Nicholas DiMarzio in 2007.

“I’m not a billionaire, but I don’t need $5,000 to buy me off,” Markey told the Daily News.

The offer came across as a payoff, not a campaign donation, she added.

he Brooklyn Diocese called the allegation “patently false.”

New York Assemblywoman Margaret Markey (l.), seen with sex abuse survivor Bridie Farrell, says the head of the Brooklyn Catholic Church tried to bribe her.
New York Assemblywoman Margaret Markey (l.), seen with sex abuse survivor Bridie Farrell, says the head of the Brooklyn Catholic Church tried to bribe her.

“The bishop did not, would not and has never attempted to bribe an elected official or anyone else,” said Carolyn Erstad, a diocese spokeswoman. “This is a very serious allegation against a clergyman with an impeccable reputation. It is beyond comprehension that an elected official would not report an alleged crime of this kind to the proper authorities. She did not report it. It is not true. And it would be irresponsible for your paper to print it.”

Markey (D-Queens) said DiMarzio, who as head of the Brooklyn Diocese presides over 1.5 million Catholics, invited her into his chancery at the now-shuttered Bishop Ford High School on Prospect Park West in early 2007.

A nun was present when he offered the money, she recalled.

Markey’s spokesman Michael Armstrong said that DiMarzio suggested to Markey that the money would go toward therapy for one of her family members who had been sexually abused as a child.

Bishop Nicholas DiMarzio
Bishop Nicholas DiMarzio

After declining the offer, DiMarzio targeted her with robocalls as she ran for reelection against Republican challenger Anthony Nunziato in 2008, saying she did not have Catholic values, Markey said.

“I do have Catholic values — but my Catholic values don’t include raping children,” said Markey, who easily won reelection.

Instead of going silent, she wrote in the Daily News that year about her crusade, which now appears closer to success than ever.

“Lengthening or even eliminating statutes of limitation is a costless way for the states to do right by victims,” Markey wrote in April 2010.

Current state law prevents victims from suing their abuser after the victim’s 23rd birthday.

Markey says she saw no use in reporting the $5,000 offer to authorities at the time.

“Who could I report it to? He said, I said,” she explained Monday.

She first spoke publicly about the offer Sunday — but without naming DiMarzio — after crossing the Brooklyn Bridge with 250 people supporting reform of the statute of limitations.

Markey said she decided to go public, saying she was overcome with emotion after crossing the bridge with the supporters.

“I’d call that shut up money,” advocate and abuse survivor Kathryn Robb said. “He tried to pay her to shut up, right? That speaks for itself.”

Even if authorities were to investigate Markey’s allegations, the statute of limitations on bribery charges would likely be a factor.

State bribery charges must be brought within three years of the alleged crime; federal charges must be brought within five years.

The offer isn’t the first time DiMarzio allegedly played hardball with politicians over Markey’s bill, which would make it easier for victims to sue and also grant a one-year window for those whose statute of limitations had expired to bring a civil lawsuit.

In 2008, DiMarzio reportedly threatened lawmakers who supported Markey’s Child Victims Act, telling them he would close parishes in their districts — and say they were to blame.

The diocese denied that threat was ever made.

The state’s Catholic Conference spent $2.1 million between 2007 and 2015 lobbying against efforts to reform the law, as well as other measures. Others, like yeshivas and private schools, have also opposed Markey’s bill.

The church supports other bills that would extend the statute of limitations, but that does not include the one-year lookback, Erstad said.

Meanwhile, Albany politicians continued negotiating over a vote on reform of the statute with just six days left in the legislative session, which is scheduled to end next week.

Senate Majority Leader John Flanagan (R-Suffolk County) said there were “productive” discussions taking place among leaders of the Senate and Assembly and Gov. Cuomo about reforming the statute of limitations.

Complete Article HERE!

Advocates for kids march across Brooklyn Bridge in support of Child Victims Act

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More than 200 advocates for reform of the state’s statute of limitations on claims of child sexual abuse marched across the Brooklyn Bridge on Sunday, proudly proclaiming they were part of a new civil rights movement defending children.

The rain let up as the diverse group of marchers — including Matt Sandusky, stepson of notorious Penn State pervert Jerry Sandusky, and Phil Saviano, who was portrayed in the movie “Spotlight” — departed from Cadman Plaza in downtown Brooklyn.

“It is time to lift the shades, open the window and let justice and the protection of children shine through,” said Kathryn Robb, an abuse survivor and advocate.

Participants came from as far away as Ohio and Florida. Others hailed from Pennsylvania and New Jersey — where advocates are waging similar fights to reform those states’ statutes of limitations on child sex abuse claims.

In New York, a victim must bring criminal or civil charges prior to his or her 23rd birthday.

abuse-march
Hundreds march across Brooklyn Bridge on Sunday to press for child abuse law reform.

“We need to send a message. We need statute of limitations reform round the country. It is so important for people to understand who the law is protecting — the lobbyists and the church and not the children,” said Annette Nestler of Cape May County, N.J., who wore a broken screen window around her neck — a symbol of opening the window of opportunity for justice.

Assemblywoman Margaret Markey (D-Queens), chief sponsor in the Assembly of the Child Victims Act, told advocates she decided to fight for reform because of a family member who was a victim of sexual abuse as a child.

“I truly believe I am doing the work of the Lord,” said Markey, who has been a Eucharistic minister and lector at her parish in Queens.

She first proposed legislation to reform the statute of limitations a decade ago. Her efforts have at times met with harsh resistance.

Child abuse survivor Ana Wagner (right) before hundreds march across the Brooklyn Bridge calling for passage of the Child Victims Act on Sunday.
Child abuse survivor Ana Wagner (right) before hundreds march across the Brooklyn Bridge calling for passage of the Child Victims Act on Sunday.

A candidate vying for her seat four years ago made robocalls saying she did not have “Catholic values,” Markey said.

Marchers were adamant that the reform include the so-called lookback, which would allow victims a window of time to revive claims previously barred by the current statute of limitations.

Francis Piderict, with the advocacy group Voice of the Faithful, said 300 abusers were identified in California after legislation was passed granting victims the right to sue.

“That is one of the biggest advantages of the window,” Piderict said.

Advocates for children marched across Brooklyn Bridge to urge pols to change the state's kid-rape law.
Advocates for children marched across Brooklyn Bridge to urge pols to change the state’s kid-rape law.

“The window is nonnegotiable for us,” he added.

Joining the marchers were about 20 members of the Zulu Nation, which initially rallied in support of hip-hop legend Afrika Bambaataa when the Daily News reported on accusations he sexually abused young boys.

The Zulu Nation changed its tone last week and distanced itself from Bambaataa, who founded the group.

“We don’t tolerate the abuse of women and children in our communities,” said Rekae Medina, a member of the Zulu Nation.

Complete Article HERE!

Timothy Cardinal Dolan ripped for delaying talk on child sex abuse

File Under:  SHAME, SHAME, SHAME!

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Timothy Cardinal Dolan is in no rush to discuss efforts to change the child abuse law.
Timothy Cardinal Dolan is in no rush to discuss efforts to change the child abuse law.

The time may not be right for Timothy Cardinal Dolan to talk about child sex abuse, but advocates say it’s long overdue.

Victim-turned-advocate Kathryn Robb says Dolan is putting a new generation of kids in danger by opposing legislation that would allow adult victims of child sex abuse to seek justice in claims that would likely affect predator priests.

Robb ripped Dolan after the leader of New York’s 2.6 million Catholics told the Daily News on Saturday at rally for farm worker rights that he was ready to discuss efforts to reform the law — but not just yet.

Time, however, is running out to eliminate the statute of limitations on child sex abuse since the state Legislature’s session ends June 16.

“It may not be time for you Cardinal Dolan, but it is time for survivors of sexual abuse and the children of the state of New York,” said Robb, who said she was molested by her eldest brother George Robb while growing up on Long Island. “We as responsible citizens who care about the safety of children and justice are not waiting for his call.”

Kathryn Robb, who was abused as a child, wants Dolan to quit stalling and discuss reform to the law.
Kathryn Robb, who was abused as a child, wants Dolan to quit stalling and discuss reform to the law.

New York’s statute of limitations bars victims of childhood sexual abuse from filing criminal charges or civil claims after their 23rd birthday. Victim advocates say it is one of the most restrictive in the nation.

Supporters of the Child Victims Act say the Catholic Conference, the lobbying arm of church’s bishops, has been the bill’s biggest obstacle. The CVA — one of a handful of bills under consideration — would eliminate the civil and criminal statutes of limitation for victims.

A spokesman for the archdiocese said he would discuss a Daily News request for a sit-down with the cardinal. The spokesman said Dolan declined to talk about sexual abuse Saturday because he did not want to overshadow the farm worker rights rally.

Complete Article HERE!

Minnesota abuse victims claim Archdiocese hid financial assets

File Under:  It’s The Time Honored Way…

anderson

Attorneys representing hundreds of clergy sexual abuse victims are claiming the Archdiocese of Saint Paul and Minneapolis has a net worth of about $1.7 billion – far more than the $45 million divulged in court documents last year. The legal team of attorney Jeff Anderson says the archdiocese has taken “multiple, deceptive actions”  to “divert and shelter funds from sexual abuse survivors” since the Minnesota Child Victims Act was passed in May 2013.

“They are under-representing their ability to pay by about 99 percent,” Anderson said. “It has been a scheme and a scam that has served them in the past.”

A legal motion filed late Monday in the archdiocese’s federal bankruptcy case includes a number of allegations, including:

That Catholic Cemeteries have never been disclosed as an asset of the archdiocese in bankruptcy filings, and that cemetery signs were painted over to remove any references to the archdiocese.

That the archdiocese created “optical insulation” by creating the Catholic Community Foundation in 1992 as a way to avoid paying sexual abuse claims. Anderson said the foundation also changed its name after victims filed their lawsuits

More than 400 people have filed lawsuits against the archdiocese ahead of the May 25 deadline for claims covered by the Minnesota Child Victim’s Act, which lifts the statute of limitations for people who say they were sexually abused. A judge ordered the parties into mediation in February 2015, but no settlement has been reached.

Attorneys expect the archdiocese to propose a Chapter 11 repayment plan that would significantly short-change the victims. According to a court document:

“Within the next few days, the Debtor will file a plan of reorganization that (i) seeks to prohibit more than four hundred survivors of clergy sexual abuse from reaching any of the assets that the Debtor alienated as a matter of civil law, but (ii) simultaneously provides more than 200 entities holding such assets with a complete and final release of liability for sexual abuse claims.”

The victims’ attorneys claim the archdiocese has put a shield around its most valuable assets by putting them into trusts or separate corporations that the archdiocese claims no control of. They also say the church’s court documents “vastly  undervalue” some of the most valuable real estate, including the Cathedral of Saint Paul and three high schools – Benilde St. Margaret, DeLaSalle and Totino Grace.

Complete Article HERE!