Tag: Avoiding Corporate Responsibility

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Diocese seeks relief from clergy sex abuse verdict

The Catholic Diocese of Green Bay says its First Amendment rights protect it from liability in a civil lawsuit filed by two childhood victims of clergy sex abuse.

Brothers Todd and Troy Merryfield were awarded $700,000 in May by an Outagamie County Court that found the diocese committed civil fraud. The brothers claimed the diocese knew of the Rev. John Feeney’s illicit sexual history when it installed him as a priest at Freedom’s St. Nicholas Church and misrepresented him as safe while knowing he was a danger to children.

The Merryfields, then 12 and 14, were molested by Feeney in 1978. Feeney was sentenced to prison in 2004 for the assaults.

Sarah Fry Bruch, an attorney for the diocese, said the jury verdict should be overturned, arguing the court is constitutionally barred from reading any meaning into Feeney’s assignment to a pastoral role. The Merryfields didn’t show evidence the diocese represented Feeney as safe.

“Nor could they, as the assignment of a priest is a canonical act which the civil courts may not evaluate or explain,” she wrote. The First Amendment gives broad latitude to religious organizations in the conduct of their internal affairs.

Judge Nancy Krueger will hold a hearing Tuesday on motions filed by the diocese that seek a new trial, dismissal of the case, or overturning the jury’s findings.

John Peterson, an attorney for the Merryfields, disagreed in a written response, arguing the Merryfields’ claims against the church were secular. The diocese’s representation of Feeney as safe, by virtue of his unsupervised access to children, “has nothing to do with the Catholic Church’s religious beliefs.”

Granting the diocese immunity from Wisconsin law by finding in its favor “would raise grave Establishment Clause issues by actually advancing religion,” he wrote.

The Establishment Clause of the First Amendment prohibits the government from establishing a national religion or giving preference to one over another.

The First Amendment argument was one of several made by the diocese in a 40-page document asking for relief from the court.

One motion asks for a new trial, claiming bias on the part of a juror.

Another requests a dismissal, claiming the Merryfields unreasonably delayed filing the lawsuit and hamstrung the diocese’s ability to mount a defense. Several key witnesses died before the case reached trial.

The diocese also wants Krueger to rule the verdict excessive and change jury findings on the verdict form it returned.

Jurors awarded $475,000 to Troy Merryfield and $225,000 to Todd Merryfield. The brothers decided to not seek punitive damages after the diocese was found liable, saying the case was about revealing the truth, not money.

“A jury may have sympathy for the plaintiffs, but that alone cannot support a damage award,” Bruch wrote in arguing that evidence wasn’t sufficient.

Claims of juror bias arose after a member of the panel contacted the court about comments made by a fellow juror at the end of the case.

The juror mentioned to peers that a family member had attended St. Therese School in Appleton during the period Feeney was assigned to the church, and wondered aloud about the family member’s experiences with Feeney.

In addition, the juror was a friend of a cousin of the Merryfields’ mother, the diocese argues.

“One can only conclude that the juror purposefully kept back what she knew to get on the jury,” Bruch wrote.

Peterson said the juror’s recollections didn’t materialize until after the trial was under way, and she indicated so during an interview after concerns came forth.

The juror “did not exhibit any bias and stated that she could be fair and impartial,” he wrote.

Complete Article HERE!

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Man who attacked priest in revenge is not guilty of felonies

William Lynch, who beat the Catholic priest he said molested him as a child, is acquitted on elder abuse and felony assault charges. He may be retried on a misdemeanor assault charge.

SAN JOSE — A jury has found a San Francisco man not guilty of felony assault and felony elder abuse, despite his admission that he attacked the priest accused of molesting him nearly four decades ago.

The 10-man, two-woman panel also said Thursday that William Lynch was not guilty of misdemeanor elder abuse in the 2010 attack on Father Jerold Lindner. The 67-year-old Catholic priest has been linked to more than a dozen alleged victims — including his own nieces, nephew and sister — but never has been brought to trial because the statute of limitations in every case had run out.

The jury was split on a final charge against Lynch: misdemeanor assault. Santa Clara County Superior Court Judge David Cena declared a mistrial on that count. Dist. Atty. Jeffrey Rosen said his office would decide in the coming days whether to retry Lynch.

After the verdict was read, Lynch said he had felt certain that he would be going to jail — and was pleasantly surprised that he would not. But he also spoke haltingly, and with deep emotion, about justice and responsibility.

“I was wrong for what I did,” said Lynch, 45. “If I’m going to be taking responsibility, I have to take it fully. And in [beating Lindner] … I was perpetuating the cycle of violence.”

Surrounded by family, supporters and his attorneys in front of the courthouse, Lynch said: “I wanted to … be accountable, unlike the church and Father Jerry up to this point.”

Rosen said that his office too had had a responsibility: to charge Lynch for lying his way into the Sacred Heart Jesuit Center, where the retired Lindner lived, and attacking him.

Using “a fake name, gloves. Beating and bloodying someone. That’s not justice under the law,” Rosen said after the verdict, giving a shorthand account of Lynch’s actions. “That’s revenge.”

Rosen said that although his office understood what motivated Lynch’s behavior, “we do not condone it.… A just punishment is delivered through our justice system, not through the acts of one traumatized and troubled man.”

The two-week-long trial was filled with dramatic turns and punctuated with tearful, graphic testimony — not about the attack in question, but about what happened in 1974. That is when Lindner allegedly lured Lynch and his younger brother, then 7 and 4, into his tent during a Catholic family camping trip. The boys said that the priest raped them and forced them to perform oral copulation on each other while he watched.

As the trial opened, Deputy Dist. Atty. Vicki Gemetti told the jury that Lindner, who was a spiritual advisor for the outing in the Santa Cruz Mountains, had indeed molested the Lynch brothers.

She played a gut-wrenching video of a San Jose Mercury News interview in which Lynch recently talked in graphic detail about that camping trip years ago. Gemetti told the jury that Lindner would “probably lie” when he took the stand.

When Gemetti asked whether he had molested Lynch and his brother, Lindner said: “No.”

Defense attorneys called for a mistrial, insisting Gemetti had committed prosecutorial misconduct by inducing perjury. Cena disagreed, and the trial continued.

But when Lindner returned to the stand, he refused to testify further on the grounds that he might incriminate himself. The judge then struck Lindner’s testimony entirely and told the jury to ignore the priest’s description of Lynch’s “vicious” attack.

And that, Juror No. 12 said, was key for him in deciding the case.

“The victim in this case disappeared,” said the retired accountant, who declined to give his name. “His testimony disappeared. To me, if you have no victim, do you have a crime?”

The juror, who walked with a cane and sported a silver brush cut, described the nine hours of jury deliberations over three days as cordial and professional.

“There were 12 people who simply agreed to disagree,” the juror said. “There was some disagreement with the law. There was disagreement with some of the testimony. There was disagreement with each other.”

The juror said that everyone on the panel believed that Lindner had committed “absolutely heinous” crimes against Lynch and his brother. But, he said, he was one of the eight who voted “guilty” on the lesser charge of simple misdemeanor assault because Lynch “got up and said he did it.”

To defense attorneys Pat Harris and Paul Mones, Lynch’s testimony was an act of courage fueled by his desire to protect other children from Lindner — and to fight the Roman Catholic Church and other institutions that cover up child sexual abuse and protect perpetrators.

“Will had the strength to speak for many people who can’t speak,” said Mones, who called the jury’s verdict “an example of what’s been happening around the country today.”

Complete Article HERE!

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Monk suspected in killings at Dutch psychiatric hospital in 1950s

Thirty-seven boys who died in the early 1950s in a Dutch psychiatric hospital run by the Catholic Church were probably killed by a monk in charge of their care, prosecutors said on Thursday.

It was the latest in a string of scandals to hit the church in the Netherlands, where an independent commission found last year up to 20,000 minors were sexually abused in Catholic orphanages, boarding schools and seminaries between 1945 and 1981.

In a report released on Thursday, prosecutors said the boys who died between 1952 and 1954 in St. Joseph’s psychiatric hospital in the southeastern town of Heel had likely been given morphine overdoses by Brother Andreas.

Prosecutors said Brother Andreas had died and there were no known living suspects. If he had been alive there was enough proof to launch a criminal investigation.

The deaths happened so long ago that prosecutors said exhuming bodies of the victims for toxicology tests would likely not have helped pin down a cause of death.

The Catholic Church has been under fire for years in Europe and North America for sexual offenses committed against children over the past century and attempts to cover up the crimes.

The Dutch inquiry was launched after the commission found an unusually high number of deaths at the hospital during the period. It said Guus Vestraelen, the institution’s doctor, had almost certainly covered up for Brother Andreas by misreporting the causes of death. He too has since died.

“On the basis of the facts established … Brother Andreas would be a suspect if he were still alive,” prosecutors wrote, noting that any offences committed in the 1950s might have lapsed under Dutch law.

They said the Diocese of Roermond, in which the hospital was located, had learned of the deaths by 1958, but had not informed authorities.

“The bishopric finds it inexplicable that it didn’t report these events at the time,” the Diocese said on Thursday in a statement on what it called the “disturbing” findings. It expressed regret that an internal investigation carried out in the 1950s had failed to establish the facts.

Prosecutors said their investigation found that Brother Andreas was not qualified to care for disabled boys and that the large number of deaths sharply declined after he was transferred to another institution.

Complete Article HERE!

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Jury awards Catholic school sex-abuse victim $8M

SEATTLE — A King County jury has awarded $8 million to a victim of sexual abuse at a Seattle Catholic school. The sum is believed to be the largest ever against the Catholic Church in Washington state.

The jury found the Missionary Oblates of Mary Immaculate, a Catholic order of priests, guilty of ignoring the plaintiff’s complaints of sexual abuse at St. Benedict School in Wallingford. The plaintiff testified in court that he was abused on a weekly basis between 1961 and 1964 by a former teacher and principal, Daniel Adamson.

“This wasn’t minor abuse. This was three years of the worst crimes you can imagine on a child,” said the plaintiff, Stephen O’Connor. “What sexual abuse and sodomy and rape of a 12-year-old child is minimal?”

O’Connor, who grew up in Seattle but now splits his time between Western Washington and Spokane, said he hid the memories of sexual abuse for nearly 50 years but that a 2008 reunion at St. Benedict – to mark the school’s 100th anniversary – triggered an onslaught of feelings.

“I went to the boys’ bathroom, to the stall where it began. I went to the small projection room closet, where some of the worst crimes were,” O’Connor said. “I had to sit down in my house and tell my wife of 43 years who I’ve known since I was 7-years old (about what happened). I had to tell my four children.”

O’Connor says he was especially upset that he noticed Adamson’s photos had disappeared from the school walls – as if someone knew what had happened but tried to hide it.

“It was a trigger point. He went there, expecting to see this longtime teacher and principal – see his picture, see evidence, see evidence of him, and he saw that there was nothing, no evidence of him there,” said O’Connor’s attorney, Darrell Cochran. “What it triggered for him was that somebody knew he was a sexual abuser and they had removed everything about that guy.”

Adamson died in the 1970s. O’Connor testified in court, along with two other former students, that Adamson had an elaborate train set in his basement that he used to lure kids into his home and then abuse them.

O’Connor later dropped out of school to escape the abuse, he said. He joined the Marines and did two tours of duty in Vietnam, before becoming a police officer.

“As a United States Marine in combat, I wasn’t the only one. As a police officer on the worst 911 calls, I knew that Skagit County was coming or state patrol was coming,” he said, “but as a 12 year old 7th grader at St. Benedict’s I had no one. And none of those victims did. I was 12-years old, and everybody thought it was okay.”

The jury’s award of $8 million will be reduced to $6.4 million because the jury found the Seattle Archdiocese – which owned the school at the time – and the Dominican Sisters, another religious order who staffed the school, partially responsible.

The Seattle Archdiocese settled their part of the lawsuit last year for $500,000.

“We settled with them, and that’s in the past,” said Greg Magnoni, a spokesman for the archdiocese. “In every case of sexual abuse that’s occurred in a Catholic institution we deeply regret any harm or pain to the victims or the family.”

Calls to the Seattle attorney representing the Oblates and to the Oblate national office were not returned.

Complete Article HERE!

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Police launch child porn investigation at Connecticut church

Connecticut state police officers are investigating the discovery of possible child porn at a Roman Catholic church in Waterford.

WFSB-TV reports that police declined to provide details, saying only that a “criminal investigation” is in progress after computers were reportedly seized from the Rectory of St. Paul in Chains Church.

Michael Strammiello, a spokesman for the Diocese of Norwich, did not immediately respond to a call and an email seeking comment Saturday.

WFSB-TV says Norwich Bishop Michael Cote will release a letter to parishioners during masses this weekend announcing that he has received and accepted the resignation of their pastor, Fr. Dennis Carey.

The letter says the resignation is effective immediately and came after the pastor and bishop became aware of a state police investigation into possible criminal behavior by Carey.

Complete Article HERE!