Lawyers: Settlement in Vermont clergy abuse cases unlikely

Burlington Free Press - Vermont

July 17, 2007

By Sam Hemingway | Free Press Staff Writer


Lawyers for the state's Roman Catholic diocese and 26 alleged victims of clergy abuse said Monday it's unlikely a settlement similar to the one reached with the Los Angeles diocese will happen anytime soon in Vermont.

"This diocese, it appears, is not willing to pay out what a jury would," said Jerome O'Neill, lawyer for the 26 claimants with lawsuits pending in Chittenden County Superior Court. "Until that time comes, there is no reasonable likelihood that these cases will be resolved."

David Cleary, a diocesan attorney, said the diocese would like to put the clergy abuse cases to rest but is not willing to approve settlements that are not responsible.

"The diocese has always been desirous of attempting a fair and reasonable resolution of credible claims of abuse," Cleary said. "We are still proceeding on that basis."

In the Los Angeles diocese settlement, Cardinal Roger Mahony announced Monday he had agreed to a $660 million deal with more than 500 victims, the largest settlement reached by any diocese in the ongoing nationwide priest-child sexual abuse scandal.

The Vermont diocese and related entities have paid $1,390,000 to settle four clergy abuse cases in the last three years, with settlement amounts ranging from $120,000 to $965,000. In addition, the diocese paid $304,000 to settle another 11 claims that did not reach the lawsuit stage, according to court records.

"The diocese does try to reach settlements and we've been able to settle quite a few," Cleary said. O'Neill said he is pessimistic the diocese will agree to what he called a "global settlement" in the pending Vermont cases because "they've never shown any interest in it."

Bishop Salvatore Matano on Monday declined comment on the diocese's efforts to settle cases, referring questions to Cleary.

In a note to Vermont Catholics published in last week's Vermont Catholic Tribune, Matano said such decisions involve balancing the needs of victims and the diocese.

"I am obliged to serve all the faithful and, when difficulties arise, to seek solutions that are charitable, reasonable and made with consideration and concern for the entire diocesan family," Matano wrote in his "From the Bishop" note.

Accompanying Matano's note was an article prepared by diocesan attorneys that attempted to explain the church's approach to clergy abuse litigation following last month's mistrial in the case of James Turner, who claimed that as a teenager he was molested by the Rev. Alfred Willis.

"Settlement is not always possible because the demands may exceed what is considered fair and reasonable in a particular case," the article said in part.

"There is a responsibility to help those who were genuinely hurt by the action, or inaction of the church many decades ago. But there is also a responsibility on the part of today's church leaders to seek the truth in each case and not to unfairly burden the innocent parishioners who support the church today."

The article advised Vermont Catholics that the diocese prefers to settle such cases and avoid a trial. "Hopefully, most will be resolved without the pain and expense a trial involves for so many of the participants," the article said.

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