Lawyer suggests Milwaukee archdiocese shielding assets to avoid paying compensation to clergy abuse survivors

Journal Sentinel - Milwaukee, Wisconsin     February 11, 2011

Archdiocese accused of moving funds

It says $75 million transfer is not an effort to shield assets

By Annysa Johnson of the Journal Sentinel


An attorney for victims of clergy sex abuse suggested Friday that the Archdiocese of Milwaukee moved as much as $75 million off its books over the last six years in an effort to shield it from sex abuse settlements - allegations denied by the archdiocese.

Attorney Jeffrey Anderson of St. Paul implied the archdiocese engaged in a shell game during a bankruptcy hearing before Assistant U.S. Trustee David Asbach.

Anderson questioned archdiocese chief financial officer John Marek about the whereabouts of a $75 million account that last appeared on the archdiocese's audited annual financial statements in 2003-'04. And he questioned the transfer of a separate $55 million into a newly created cemetery trust in 2008, a year after the Wisconsin Supreme Court opened the door for victims to sue the archdiocese for fraud.

Marek, who was hired by the archdiocese in 2007, could not answer questions about the $75 million. He said the cemetery funds had previously been in an account under the control of the archbishop but had always been "treated as a trust."

"We have serious questions about what we've seen and heard today," Anderson said after the hearing at the federal courthouse. He vowed to depose current and past bishops, including New York Archbishop Timothy Dolan, in an effort to get answers.

In an e-mail response to questions from the Journal Sentinel after the hearing, a spokeswoman for the church denied it moved assets to shield them from victims.

"To the contrary, the archdiocese has been liquidating all nonessential assets for years to help pay for the costs of therapy and voluntary settlements," Julie Wolf said.

Wolf said the $75 million belonged to parishes and was held by the archdiocese in an investment account until 2004, after which it "ceased providing such services." Archdiocese bankruptcy attorney Daryl Diesing said he believes the money was returned to the parishes.

She quoted the bankruptcy financial statements to explain the cemetery trust, saying it was created in 2007 to "formalize the existing trust relationship" that dated to the early 1900s.

The archdiocese filed for Chapter 11 bankruptcy protection in January, saying it was the best way to equitably compensate victims of clergy sex abuse and maintain the essential missions of the church. Its financial statements, filed with the court this week, list $40.7 million in assets and $24 million in liabilities, including $13.7 million for a health care plan for retired priests.

The church maintains that the vast majority of its assets are in trusts and restricted accounts, leaving only about $7 million for settlements, though it became clear Friday that victims intend to challenge that.

So far, the courts have barred the archdiocese from tapping insurance to fund settlements because the allegations involve fraud, rather than accidents. However that is on appeal to the Wisconsin Supreme Court.

Friday's meeting was the first opportunity for creditors to question the archdiocese about its finances.

Anderson, who travels the country handling priest abuse cases, and Los Angeles bankruptcy attorney Gillian Brown dominated the hearing with a line of questioning aimed at undermining the archdiocese's assertions that its parish assets and trusts - including the $105 million Faith in Our Future campaign trust - cannot be used for settlements.

Diesing, the archdiocese's bankruptcy attorney, objected repeatedly, arguing the questions strayed beyond the scope of the hearing, which is intended to focus on the financial statements. Asbach, who had given Anderson some leeway to proceed, eventually reined him in.

"We're not turning this into a deposition," he said.

Brown suggested no asset would be overlooked, asking Marek at one point about the value of bishops' rings, crosses and other jewelry, which was listed as "unknown."

Diesing and Marek agreed to provide information about the appraised value of the items, along with several other documents requested by the victims and Asbach.

But Marek suggested the jewelry - which includes the rings of past bishops - has greater sentimental, rather than economic value.

"You'd look at it and say, 'It's a nice cross,' but I wouldn't give you $10 to wear it to a party tonight."

This article was found at:

http://www.jsonline.com/features/religion/116026364.html

**********************************************************************
New York Daily News - February 13, 2011

Archbishop Timothy Dolan slams charges that his old diocese hid millions to avoid paying victims

BY DAVE GOLDINER  |  DAILY NEWS WRITER


Archbishop Timothy Dolan slammed as "ludicrous" Sunday allegations that his old diocese in Milwaukee hid $130 million to avoid paying child abuse victims.

"To think . . . like Dolan's got some off-shore account in the Cayman Islands or something, this is just ludicrous," Dolan said after Mass Sunday at St. Patrick's Cathedral.

Dolan said he was "saddened" by the claims, which were raised by lawyers for alleged victims of pedophile priests.

"Darn it, I think the archdiocese has done a good job," he said. "And Lord knows, I worked my hardest."

The lawyers want to depose Dolan and other top Catholic leaders over the funny-money charges.

Dolan said the allegations have tarnished the good names of those on a financial oversight panel and insisted he welcomes any probe.

"These are terribly irresponsible charges," Dolan said. "Any law enforcement officers want to talk with me, be my guest. I have nothing to hide."

Dolan led the Milwaukee archdiocese for seven years--as accusations of priestly misconduct grew--before being named spiritual leader of New York's 2 million Catholics in 2009.

A lawyer told the Milwaukee Journal-Sentinel paper that the Milwaukee archdiocese played a financial shell game to hide $75 million. An additional $55 million went to a cemetery fund.

The Milwaukee archdiocese, faced with a flood of child sex lawsuits, filed for bankruptcy last month.

This article was found at:

http://www.nydailynews.com/ny_local/2011/02/13/2011-02-13_archbishop_timothy_dolan_slams_charges_that_his_old_diocese_hid_millions_to_avoi.html

RELATED ARTICLES:

Catholic diocese bankruptcies protect assets from abuse survivors but provide no relief for moral bankruptcy of church leaders

Dan Rather exposes Catholic tactics to shield assets from liability in abuse cases, SNAP founder compares Belgium raids to Toledo case 

Catholic orders plead poor in abuse compensation cases, but hold billions in sheltered assets 

Milwaukee archbishop blames bankruptcy on individual pedophile priests, ignores systemic coverup by church leaders

Delaware clergy abuse survivors are first victims to ever testify in any U.S. diocese bankruptcy

In rare move of support for clergy abuse survivors Wisconsin priest stands with protesters demanding end to secrecy 

Wisconsin diocese follows child protection protocol after credible abuse allegations made, suspend priest and notify police 

High-ranking priest criticizes standard of proof used by Wisconsin diocese to exonerate majority of accused clergy 

Wisconsin Bishop refers case of alleged pedophile priest to Vatican for investigation instead of police 

Retired Archbishop blames protective church hierarchy for clergy abuse scandal

Wisconsin considers law to remove age limit for child sex abuse suits, Milwaukee Archbishop objects 

Wisconsin senate candidate who fought child victims law while working for Catholic diocese now urges more openness from church 

Deaf man suing Vatican tells his story in CNN report on Pope's role in protecting pedophiles and covering-up clergy child rape 

U.S. lawsuit accuses Pope Benedict and other Vatican officials of negligence for enabling abuse at school for deaf 

Court documents show Pope Benedict protected pedophile priest who molested deaf boys, Vatican reacts with claims of media conspiracy 

Future Pope ignored warnings from U.S. archbishop about remorseless pedophile priest who molested 200 deaf boys 

“God’s Rottweiler”, Ratzinger, punished peaceful priest, but not pedophile priests; turned deaf & dumb to abuse of 200 deaf boys 

US church's costs for clergy sex abuse topped $436 million last year

Catholic News Service - March 13, 2009

By Nancy Frazier O'Brien | Catholic News Service

WASHINGTON (CNS) -- U.S. dioceses and religious orders spent more than $436 million in 2008 on settlements and other costs related to clergy sex abuse, a decrease of 29 percent over the $615 million paid out in the peak year of 2007.

Those figures were in the information made public March 13 in the sixth annual report on implementation of the "Charter for the Protection of Children and Young People," adopted by the U.S. Catholic bishops in 2002. The report was produced under the direction of the all-lay National Review Board, established by the bishops to monitor compliance with the charter.

The report summarized data collected from dioceses, eparchies and religious orders for calendar year 2008 by the Center for Applied Research in the Apostolate at Georgetown University, as well as the results of audits of most U.S. dioceses and eparchies conducted between July 1, 2007, and June 30, 2008.

CARA found that in 2008 U.S. dioceses and eparchies received 625 new allegations of child sex abuse by clergy, but only 10 of them involved children who were under the age of 18 in 2008. Similarly, in 2008 U.S. religious orders that include priests and brothers or priests alone received 178 new credible allegations of sexual abuse of a minor, only three of which involved children who were minors in 2008.

Twelve percent, or 78, of the new allegations made against diocesan clergy in 2008 were unsubstantiated or determined to be false by the end of the year. Another 51 allegations received prior to 2008 were unsubstantiated or proven false during 2008.

The majority of new allegations were related to abuse reported to have occurred in the 1970s, for diocesan clergy, and in the 1960s, for members of religious orders.

In a letter submitted with the report, Teresa M. Kettelkamp, executive director of the Office of Child and Youth Protection at the U.S. Conference of Catholic Bishops, said the report contains "good news" that often goes unreported.

"Clearly, we have faced horrible situations, but I believe that the Catholic Church has turned a corner on addressing sexual abuse of children," she said. "Is every diocese doing everything perfectly? No, we are not there yet, though we're far closer than we were last year and the year before that and all previous years."

Kettelkamp said the Catholic Church is becoming "one of the safest havens in our world for children and young people" and "a resource for people beyond the Catholic Church who seek to confront this societal scourge."

"The bishops can be proud of what they have accomplished and their ongoing commitment to address this issue," she added. "That's progress and that's good news."

The report showed that dioceses, eparchies and religious orders spent nearly $2.1 billion in the years 2004-2008 on settlements, therapy for victims, support for offenders, attorneys' fees and other costs related to clerical sex abuse.

The $23 million spent by dioceses and eparchies on child protection efforts in 2008 represented a $2 million increase over the previous year but a $2 million decrease over the amount spent in 2006.

The other costs -- totaling $4.2 million in 2008 -- included payments for investigations of allegations, medical costs and other support for victims or survivors, costs for mediation, travel expenses for victims, costs for victims' assistance offices and victim hot lines, clergy misconduct review boards, public service announcements and outreach materials, canonical trials and case processing, bankruptcy expenses and USCCB compliance audit costs.

Participating in the CARA study in 2008 were 194 of the 195 U.S. dioceses and eparchies and 160 of the 219 clerical or mixed religious orders belonging to the (U.S.) Conference of Major Superiors of Men. The Diocese of Lincoln, Neb., was the only diocese that declined to participate.

The CARA study also found that:

-- Allegations of sex abuse reported by dioceses or eparchies predominantly involved male victims (84 percent male vs. 16 percent female), but females made up 33 percent of the alleged victims of religious-order priests in 2008.

-- More than half (51 percent) of the allegations against diocesan or eparchial clergy in 2008 were reported by the victim, while 60 percent of those against religious-order priests were made by an attorney.

-- Sixteen priests or deacons were returned to ministry in 2008 after sex abuse allegations against them were found to be unsubstantiated or proven false.

-- More than half (52 percent) of the victims who made new allegations of sex abuse against diocesan/eparchial clergy in 2008 and 30 percent of those making new charges against religious-order priests were between the ages of 10 and 14 when the abuse began. But in 5 percent of the diocesan cases and 45 percent of the religious-order cases the age of the victims at the time the abuse started was not known.

-- Forty-one percent of the diocesan priests and deacons and 55 percent of the religious-order priests accused of abuse in 2008 had had no prior allegations against them.

-- The vast majority of priests or deacons against whom new allegations of sex abuse were received in 2008 -- 83 percent of the diocesan/eparchial clergy and nearly 70 percent of the religious-order priests -- were deceased, already removed from ministry or missing when the charges were made. Another 5 percent of diocesan and 12 percent of religious-order priests were permanently removed from ministry because of allegations received against them that year.
- - -
Editor's Note: The full report is available online at www.usccb.org/ocyp/annual_report2008.shtml.

This article was found at:

http://www.catholicnews.com/data/stories/cns/0901158.htm

Irish bishop in child sex abuse row steps aside

Google News/AFP March 7, 2009

DUBLIN (AFP) — An Irish Roman Catholic bishop at the centre of a row over his handling of clerical child sex abuse allegations in his diocese has stepped aside, church authorities said on Saturday.

Bishop John Magee of Cloyne, in the south of Ireland, who was private secretary to three successive popes -- Paul VI, John Paul I and John Paul II -- said in a statement he had asked Pope Benedict XVI on February 4 to appoint an administrator to his diocese.

An apostolic administrator is appointed to govern a diocese temporarily when "special or very serious circumstances warrant" such an appointment, the church says. He governs in the name of the pontiff.

Magee, 72, retains the title of Bishop of Cloyne but Pope Benedict has appointed the Archbishop of Cashel and Emly, Dermot Clifford, to assume the powers and duties of the diocese.

Mainly Roman Catholic Ireland has been rocked by recurring scandals involving decades of abuse by Catholic clergy.

Magee has been under pressure since he was criticised in a report last December from the church's own National Board for Safeguarding Children into the handling of two Cloyne priests accused of abusing children.

It found that child protection practices in the Cloyne were "inadequate and in some respects dangerous".

The report said there "was no evidence that risk had been appropriately identified or managed, thereby potentially exposing vulnerable young people to further harm".

This prompted the government to extend a state-backed child sex abuse inquiry into Dublin's archdiocese -- the country's largest -- to also include Cloyne.

The statement from the Cloyne diocese said the appointment of Clifford to run the diocese would allow Magee "to devote the necessary time and energy to cooperating fully" with the government inquiry.

Cardinal Sean Brady, Archbishop of Armagh and Primate of All Ireland, said the pope's decision "is an indication of the importance which the Church gives to safeguarding children and caring for the needs of victims".

Pope Benedict's move on Cloyne is the second time Rome has intervened in an Irish sex abuse scandal.

In 1993 a clerical abuse scandal contributed to the collapse of the government and in 1999 former prime minister Bertie Ahern delivered an unprecedented apology to the victims on behalf of the state.

In 1999, Ahern set up the Commission to Inquire into Child Abuse which has yet to deliver its final report on scandals dating back to the 1930s in institutions such as schools, orphanages, hospitals and children's homes that were funded by the state but were mainly run by Catholic religious orders.

Running alongside the Commission is a compensation body for victims of abuse.

Some 825 million euros (1.04 billion dollars) has so far been paid out to about 10,800 of over 14,500 people who have sought compensation for physical, sexual and emotional abuse.

The average award was 65,300 euros, with 25 people receiving the maximum compensation award payable of between 200,000 and 300,000 euros.

Compensation has been sought by Irish people now living in more than 30 different countries with 40 percent of applications coming from women.

This article was found at:

http://www.google.com/hostednews/afp/article/ALeqM5j4ABrHsxAQIWlxTTS57WRP75m0zg

Vatican Can Be Sued Over Abuse

New York Times - March 3, 2009

By THE ASSOCIATED PRESS

A federal appeals court says the Vatican can be sued for abuse committed by its priests. The United States Court of Appeals for the Ninth Circuit, in San Francisco, ruled that victims of sexual abuse by priests can sue the Vatican even though it is considered a sovereign nation. The court said abuse could be an exception to the Foreign Sovereign Immunities Act. A case has been working its way through the courts since a judge in Portland, Ore., ruled in 2006 that the Holy See could be held responsible for priests’ actions.

This article was found at:

http://www.nytimes.com/2009/03/04/us/04brfs-VATICANCANBE_BRF.html

Accused polygamist looking for legal aid from B.C

The Vancouver Sun - February 26, 2009

Winston Blackmore is also trying to get his passport back

by Daphne Bramham

Winston Blackmore has yet to enter his plea to the criminal charge of practising polygamy, but he's already on his third lawyer, has filed for legal aid and asked Utah's attorney-general for help in having his bail conditions amended.

Gone from Blackmore's legal team is former Liberal MLA Blair Suffredine, even though he attended Blackmore's two court appearances in Creston, including one last week.

Suffredine was outspoken in his condemnation of same-sex marriages -- even though two of Blackmore's 19 "wives" listed on the indictment are married to each other -- suggesting basically that we've gone so far down the road to destroying marriage that we might as well have polygamy, too.

Also gone is Glenn Orris, who Suffredine said would be leading the team.

Blackmore's new lawyer is Joe Arvay, a well-known human rights and constitutional lawyer, whose firm successfully argued before the Supreme Court of Canada that the Constitution protects gays and lesbians from discrimination.

Dealing with how he gets paid may be one of Arvay's first tasks.

Up until recently, 52-year-old Blackmore was one of the wealthiest men in the Creston Valley. He had a farm, a large ranch and several forestry companies including a post-and-pole mill, a trucking operation and logging firm with lucrative contracts with Tembec.

But Blackmore -- spiritual leader to about half of the 1,000 people in Bountiful -- has fallen on hard times. It's not just the downturn in the forestry industry. Blackmore lost a large portion of his workforce when he was excommunicated from the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Many -- including men from his own family -- stuck with the FLDS, went to work for companies run by other FLDS members and pledged their loyalty to the new bishop, James Oler, and the prophet, Warren Jeffs.

Oler is also charged with one count of practising polygamy. But there's so much bad blood between the two men that at their next court appearance on April 22 in Cranbrook, Blackmore and/or Oler may ask that their cases be severed.

There is also a valid legal reason. Although both believe that taking multiple wives is a religious imperative, the number of wives each is alleged to have and the time period of the violations are different.

Blackmore has indicated that for economic reasons he needs his bail conditions changed. Both Oler and Blackmore had to forfeit their passports and agree not to travel outside the country. Blackmore even asked Utah Attorney-General Mark Shurtleff for help in getting his passport back. Shurtleff wisely declined.

Not only does Blackmore have business there, he has family including three American "wives," who were deported in 2006.

But special prosecutor Terry Robertson says he will oppose any alterations to the bail conditions. Both men are considered flight risks. It hasn't helped them that FLDS prophet Jeffs was a fugitive for nearly two years and ended up on the FBI's Most Wanted List.

The Legal Services Society won't comment on Blackmore's application for legal aid. However, he's unlikely to qualify since eligibility for taxpayer-funded help in paying lawyers' bills is based on a household income, which includes "all money or benefits earned or received by adult family members who are living together."

Of the wives listed in the indictment alone, two are midwives and several others are licensed practical nurses.

But the father of 118 children can deduct child-care expenses and what he receives in B.C. family bonus and child tax benefits is exempt.

If he is denied legal aid, Robertson expects Blackmore will ask for court-ordered counsel as Willie Pickton and the accused in the Air India case did.

One of the criteria for requiring the province to pay a defendant's legal expenses is that the case is so complex. And there's no doubt the polygamy case is complicated. Everyone expects it will be the Supreme Court of Canada justices who finally determine whether the constitutional guarantee of religious freedom includes the practice of polygamy.

But in exchange for legal funding that could run to more than $1 million, Blackmore and/or Oler will have to disclose detailed financial records, providing insights not only into how one man supports 26 wives and 118 children, but how communal property is used and how much taxpayers spend each year to support the reclusive community.

This article was found at:

http://www.vancouversun.com/Life/Accused+polygamist+looking+legal+from/1330684/story.html

State starts talks with clergy over reporting of child abuse

The Independent - Ireland
January 26, 2009

by John Cooney

Top-level talks have begun between the Government and the Catholic bishops to find a legal formula that will enable the Health Service Executive to discover the full scale of clerical child sexual abuse in the Republic.

A compromise is being worked out absolving the bishops from informing the gardai and the HSE about unsubstantiated rumours or "soft information" about suspected abuse, while providing the State with details of reported cases and the reasons for the Church's withholding of other complaints.

In exchange for greater accountability from the bishops, the Government is understood to be ready to speed up the introduction of promised legislation covering questions of confidentiality and constitutional issues that will allow full Church disclosure in future.

The Irish Independent has also learned that the question remains unresolved as to whether the State will provide financial indemnity to Church authorities if they provide information about complaints which are later legally challenged and proven to be untrue by accused priests or ex-clerics.

Defamation

Government ministers remain deeply divided as to whether the State should give "a blank cheque" to the Catholic Church, guaranteeing it from possible costly defamation suits taken by wronged clergy.

Some ministers believe that this financial guarantee should not be given to the Church on principle, while others are worried about a hostile public reaction to such a move at a time when the recession has plunged the country into banking and budgetary crises along with soaring unemployment.

Many of Ireland's 26 dioceses already face either bankruptcy or are being forced to cut back on pastoral and community services on account of heavy payouts to victims of clerical abuse, and the archdiocese of Dublin is bracing itself for a huge public outcry when the Commission of Investigation publishes its report, which is imminent.

The opening of unprecedented Church-State negotiations on the handling of clerical child sex abuse follows a weekend meeting called by Children's Minister Barry Andrews with Ireland's two most senior churchmen, Cardinal Sean Brady and Archbishop of Dublin Diarmuid Martin.

Insurmountable

At the meeting on Saturday in the Department of Health and Children, Cardinal Brady and Archbishop Martin told Mr Andrews they were committed to finding a way around previously "insurmountable" legal difficulties that had prevented all bishops in the Republic from telling the HSE if all abuse cases involving diocesan priests and members of religious orders had been reported to gardai.

The meeting took place after last Friday's crisis summit on child protection was convened in Maynooth by the Irish Episcopal Conference and the leaders of the Conference of Religious of Ireland. (CORI).

This Church-State encounter took place ahead of this Wednesday's deadline for disclosure by the bishops of the national scale of complaints and allegations against clergy, which was issued by Mr Andrews on January 7 -- the same day he ordered a State investigation into the lack of "faithful" reporting and notification by Bishop John Magee to the statutory authorities of cases in the Cloyne diocese.

Mr Andrews told the two church leaders he welcomed Friday's statement saying that the bishops would sign a written commitment to implement statutory guidelines on safeguarding children within their dioceses, and that they would try to provide all information requested by the HSE in an child protection audit form.

This article was found at:

http://www.independent.ie/national-news/state-starts-talks-with-clergy-over-reporting-of-child-abuse-1614466.html

Polygamist Sect leader's Fifth pleadings to be reviewed

Go San Angelo - January 23, 2009

by Paul A. Anthony

Even after eight hours in a Schleicher County courtroom, the deposition of YFZ Ranch leader Merril Jessop may not be over.

Attorneys for the Fundamentalist Church of Jesus Christ of Later-Day Saints elder and his alleged teenage daughter-in-law will argue in court Monday over whether Jessop should be able to plead Fifth Amendment protection to a series of questions regarding the polygamous sect's financial structure.

"There are quite a few (answers) that are in controversy," said Natalie Malonis, the Denton attorney representing a 17-year-old daughter of FLDS leader Warren Jeffs. "He answered some of it. I hope that on Monday when we have our hearing, (the judge) will compel answers."

51st District Judge Barbara Walther set the hearing, Malonis said, after compelling testimony in a 30-minute telephone proceeding on some efforts by Jessop to plead the Fifth, which protects witnesses from being forced to give answers under oath that could incriminate them.

The sect's own documents describe the girl as having been married to Jessop's 36-year-old son. Jessop, 72, has been indicted by a Schleicher County grand jury on charges of orchestrating an illegal marriage ceremony involving a different underage girl.

Malonis said she has not contested all of Jessop's Fifth Amendment pleadings, but that she asked Walther to compel testimony on questions of the sect's finances.

"He may be the only person who can answer that information," she said.

Malonis has said she is looking for ways to provide her client with financial options once she turns 18 in July.

Jessop's criminal attorney, Amy Hennington of San Angelo, who represented him during the civil deposition, could not be reached for comment.

Testimony began about 9 a.m. and the gaggle of attorneys - representing Jessop, the state's Child Protective Services agency, the girl and her mother, Annette Jeffs - left the courthouse just before 5 p.m.

Jessop has been the leader of the ranch since the Jeffs' 2006 arrest and has long been considered the self-styled prophet's chief deputy. The reclusive figure is one of 12 FLDS men indicted on evidence seized in a weeklong April raid on the ranch by CPS investigators and the Texas Rangers.

Authorities removed 439 children from the ranch, and although most have been returned, a handful of custody cases - including the one involving the 17-year-old girl - remain pending in Tom Green County district court.

This article was found at:

http://gosanangelo.com/news/2009/jan/23/breaking-news-sect-leaders-fifth-pleadings-to-be/

Burlington Diocese may revise court strategy

Burlington Free Press - Vermont
December 21, 2008

by Sam Hemingway | Free Press staff writer

When it comes to clergy sexual abuse lawsuits, no Roman Catholic diocese in the United States has been more willing to let such cases go to trial than the one based in Burlington.

“I don’t know of any other jurisdiction in the country that has had so many Catholic priest abuse cases brought to trial,” said Terry McKiernan, founder of Bishopaccountability.org, an Internet entity that tracks priest sexual abuse cases nationally.

McKiernan said 35 of the 3,000 cases alleging sexual abuse of children by priests have been carried through to trial and ended with a jury verdict. Four of those have taken place in Vermont, all in the past 13 months.
“You have a unique combination in Vermont of a diocese that is willing to go to trial and a plaintiff’s attorney who is willing to try them,” McKiernan said.

It does not appear that the strategy has worked to the Vermont diocese’s favor, he said.

Last week, the jury in the latest Chittenden Superior Court trial awarded $3.6 million to David Navari, a 43-year-old Takoma Park, Md., man who said that as an altar boy he was twice molested by the Rev. Edward Paquette at Christ the King Church in Burlington in 1977.

It was the second multimillion-dollar verdict to hit the diocese this year. In May, a different jury awarded a Colorado man $8.7 million. The man, who declined to release his name, claimed Paquette molested him as an altar boy at the same church between 20 and 50 times.

Another trial ended in August with a deadlocked jury and was declared a mistrial. Last December, a jury awarded James Turner of Virginia Beach, Va., $15,000 on his claim that the Rev. Alfred Willis, a diocesan priest during the late 1970s, molested him in 1977 at a Latham, N.Y., motel.

McKiernan said one reason Vermont may be seeing more trials is because so many of them involve the same priest — Paquette — and the same law firm for the alleged victims, O’Neill, Kellner & Green of Burlington.

Of the 32 cases filed by the law firm on behalf of clergy sexual abuse victims, 22 involved misconduct by Paquette at parishes in Rutland, Montpelier and Burlington. New cases continue to be filed with the court, including three last month.

All the cases target the diocese as the sole defendant, citing diocesan documents that show it had information that Paquette had molested boys in Massachusetts and Indiana but still hired him in 1972 and brought him to Vermont.

Paquette was banished from the diocese in 1978 when a group of parents of altar boys at Christ the King Church complained to then-Bishop John Marshall that he was molesting their sons.

McKiernan said the fact that so many of Vermont’s clergy sexual abuse cases involve the same perpetrator and nearly identical accounts of how the molestations occurred has allowed the lawyers to fine-tune their case against the diocese.

The diocese’s legal strategy may be up for review after last week’s verdict, according to Bishop Salvatore Matano.

An emotional Matano, speaking to reporters moments after learning jury’s verdict, appeared to blame himself for what may be a costly legal strategy for the diocese. As a result of the two large jury verdicts, liens have been placed on the diocese’s headquarters on North Avenue and nearby land.

“They have expectations of me,” Matano said of Vermont Catholics and his leadership of the diocese. “I know I am not meeting the expectations of the faithful and of the victims, and I’m just trying to assess how I can best bring this to a conclusion.”

Matano’s testimony in a videotaped Oct. 2 deposition shown at the trial may also cause the diocese to reconsider whether to go through another trial.

In the deposition, Matano acknowledges the diocese under Marshall knew Paquette was a child molester when it hired him, but tries to defend Marshall’s actions and suggest that priests should be treated differently from other clergy employees.

“That definitely had an effect our decision,” Andrew Pearson, the jury’s foreman, said in an interview about the Matano deposition. “I saw what Matano said afterward. It sounded more like he was accepting responsibility, but before, in the deposition, he showed no remorse. He showed no emotion, no real regret over what the victims had gone through.”

Pearson said deciding the diocese was at fault for Navari’s molestation was an “easy consensus” reached by the jury early in its deliberations.

Six hours into its discussions, he said, the only undecided question was how much the diocese should pay in damages. It came up with the $3.6 million figure after asking for and then viewing the Matano deposition a second time, Pearson said.

One of Navari’s lawyers, Jerome O’Neill, said last week he intends to show the Matano deposition excerpt to future juries in Paquette cases.

David Clohessy, national director of SNAP, or Survivor’s Network of those Abused by Priests, said although the number of clergy sexual abuse trials in Vermont is unusual, more victims of priest sexual abuse might be willing to go to trial in the future.

“In the past, many victims hoped that public exposure through their lawsuits would bring about reforms,” Clohessy said. “Now they’re seeing that isn’t having that much of an impact, and making officials face tough questions in open court about how much they knew and how little they did is becoming more and more appealing to victims.”

Victims of priest sexual abuse in the United States have been granted more than $2 billion to resolve claims against Catholic dioceses, McKiernan said.

This article was found at:

http://www.burlingtonfreepress.com
/article/20081221/NEWS02
/81220027

Two abused brothers get $3.7 million

Chicago Sun-Times December 18, 2008

Abuse victim gets $1.2 mil.

CHURCH SCANDAL | Boy molested by priest at White Sox game, his brother got $2.5 million

by Maurice Possley | special to the Sun-Times


The Roman Catholic Archdiocese of Chicago has agreed to pay $1.2 million to settle a lawsuit brought by the family of a boy who was sexually abused by former priest Daniel McCormack, an attorney for the family said Wednesday.

Kenneth Cunniff said the settlement calls for $1.1 million to be paid to the boy, who is 16, and $100,000 to the boy's mother. In September, the archdiocese agreed to pay $2.5 million to the boy's younger brother, who also was abused by McCormack.

McCormack, 40, pleaded guilty last year to molesting five boys while pastor at Our Lady of the Westside School. He was sentenced to five years and is in prison in Downstate Jacksonville.

The $1.2 million settlement, approved Tuesday in Cook County Circuit Court, involves allegations that the boy was sexually abused by McCormack at the school in 2004 and at a White Sox game at U.S. Cellular Field in 2005. Most of the abuse of the five victims took place at the rectory.

"In over 20 years of dealing with the archdiocese in these types of cases, the archdiocese has always provided counseling to the victim, appropriate compensation to the victim for the actions of the sexual predator, and done everything within their power to rectify the terrible effects of the sexual abuse," Cunniff said.

The settlement was reached after two retired Cook County Circuit Court judges, Julia Nowicki and Michael Hogan, reviewed the case, heard from Cunniff and James Serritella, attorney for the archdiocese, and approved the final amount.

In a written statement, the archdiocese said it "continues to encourage the use of alternatives to litigation such as mediation to resolve claims of sexual misconduct in a just, fair and compassionate manner."

A report filed earlier this year by counselors for the two brothers said both suffer from "extreme sadness ... confusion, anger, shock, rage, mistrust of men."

Five lawsuits have been filed alleging sexual abuse by McCormack, and only one remains pending. That case, alleging a boy was abused from fourth through seventh grade, is awaiting Cardinal Francis George's deposition, according to the family's attorney, William F. Martin.

So far, the archdiocese has agreed to pay nearly $10 million to settle claims arising from McCormack's conduct.

Beyond the five boys McCormack admitted abusing, state child welfare officials found credible evidence of abuse of six other youths.

Overall, the archdiocese has paid out about $82 million to settle claims involving clergy sex abuse cases.

Maurice Possley is a Pulitzer Prize-winning journalist who recently left the Chicago Tribune. He worked for the Chicago Sun-Times from 1978 to 1984.

This article was found at:

http://www.suntimes.com/news/24-7/1337583,CST-NWS-abuse18.article

Man awarded $3.6 million in priest sex abuse case

South Coast Today - Massachusetts
December 18, 2008

Associated Press

BURLINGTON, Vt. — A jury Wednesday awarded a former altar boy nearly $3.6 million because the Roman Catholic Diocese of Burlington in the 1970s didn't protect him from an abusive priest, who was once assigned to churches in New Bedford and Westport, Mass.

The Chittenden County Superior Court jury returned the verdict against the diocese after a two-week trial and 13 hours of deliberations in the lawsuit filed by David Navari, 43, of Takoma Park, Md.

"A jury of 12 Vermonters has seen all the evidence and I'm confident that they voted with their conscience," Navari said after the jury was returned.

He then said that if the diocese would put photos of priests credibly charged with abuse on its Web site, defrock them, and stop paying their retirement, "I will take all the award money from this case and put it into a trust for needy parents to send their kids to Catholic schools in the Burlington area."

Burlington Bishop Salvatore Matano apologized for the abuse that happened decades ago.

"Thirty-seven years ago today I was ordained a priest. And at that time I never expected to be dealing with these kinds of situations," Matano said. "I am doing the best that I can to deal with them in the most just and charitable way possible."

Matano said church lawyers would be willing to hear more about Navari's offer to give the money to Catholic school children.

Navari said he was groped on two separate occasions by former Vermont priest Edward Paquette when Navari was a boy.

Paquette, who as a young priest was assigned to St. Kilian's Church in New Bedford, and Our Lady of Grace Church in Westport, was not on trial. Rather, Navari charged the diocese failed to protect him from Paquette even though church officials knew of sexual abuse allegations against the priest. In a similar case earlier this year a jury awarded a victim $8.75 million. A second case this year ended in a hung jury.

The earlier award was appealed and diocesan attorney Tom McCormick indicated the church would most likely appeal Wednesday's verdict.

In the case that ended Wednesday, the jury awarded $192,500 in compensation and $3.4 million in punitive damages.

This article was found at:

http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20081218/NEWS/812180325/-1/rss36

Dark side of the 'chaste' life

Montreal Gazette - December 6, 2008

by Sue Montgomery | The Gazette


It's a Catholic order of religious brothers, born out of the French revolution, that spread to North America to teach and minister the sick and poor. They live, eat and pray together, and have taken vows of poverty, celibacy and obedience. They have assets of in excess of $50 million, including investments and property, such as the prestigious private school Collège Notre Dame as well as the University of Notre Dame in Indiana. They own and operate St. Joseph's Oratory where an estimated 2.2 million visitors a year come for solace and prayer.

- - -

But there is a dark side to this seemingly chaste life of serving God. Like so many other Roman Catholic orders, the Brothers of Holy Cross, whose numbers in Quebec have dwindled to fewer than 60 from about 120 members 20 years ago, have had their share of allegations of sexual abuse and paying victims for their silence.

Until now, that has been kept under wraps by a culture of denial, intimidation and fear.

After more than 20 years with the order, Wilson Kennedy, 48, says he grew disillusioned by the sexual abuse and the ends to which the brothers would go to protect their reputation and fat bank accounts.

"We pray to God but God has nothing to do with this," he said in a recent interview. "Everything that I did, it just didn't make sense in the end. It wasn't about God or equality, it was about dollars and cents. It was about control. It was about abuse."

When asked about sexual abuse and payoffs, Father Jean-Pierre Aumont, the provincial superior for the order, claimed it is the target of intimidation and blackmail by a religious brother who recently left the order and who wasn't happy with the financial package he negotiated before his departure.

"I can assure you that the Congregation of Holy Cross acts with diligence and deals seriously with situations brought to our attention in which one of its members or employees has acted improperly," Aumont wrote. "We've taken necessary steps and co-operated with authorities in the past when made aware of such situations."

But documents obtained by The Gazette and in interviews with victims and sources close to the order suggest otherwise - a revelation driven home to Kennedy beginning in 2000, when he was elected to the provincial council, the local governing body for the order in Quebec and New Brunswick. Although he'd previously heard the rumours about sexual abuse, he didn't have the details until, as councillor, he was asked to investigate whether the order could be sued by alleged victims and how it could best protect its finances from such a potentially damaging suit.

"I can honestly say we knew that abuses were happening but many times we'd act by taking away (the brothers') credit cards, access to cars, access to money, and the provincial would say 'I've done my job.'

"But (the abuse) continued, and we closed our eyes," he said. "It was easier because there was nothing we could do. The brothers would just deny it."

It was knowledge that reached all the way to Rome, proof of which is contained in a March 2002 letter from Father James T. Mulligan, assistant to the superior in Rome, to the provincial superior in Quebec, Réginald Robert.

"Increasingly, Réginald, the sexual abuse cases are making everyone very fearful," Mulligan wrote. "Consider your financial resources. And consider now the court case that will take place in Gaspé in May. That is going to cost your province money... money for lawyers and very probably money for recompense."

The case in Gaspé he was referring to was that of Gilles Côté, found guilty in August 2002 at the age of 69 of sodomizing and committing indecent acts on his nephew, Richard Côté, from 1972 to 1978 and sexually touching his great-nephew in 2001. At that time, both the judge and probation officer concluded that the risk of reoffending couldn't be ruled out.

Gilles Côté served his sentence of three years and, now 75, is living out his retirement in one of the brothers' houses in St. Césaire, his expenses taken care of by the order.

But Côté was just one of the worrisome brothers on Mulligan's mind in 2002. Mulligan's letter from Rome continues:

"And consider the two or three brothers that you have in Montreal and the brother in Toronto. Who is supervising the brother in Toronto? And the brothers in Montreal? At any moment, someone might bring a case against any of them, a case that will cost the province money. What is happening in the States and elsewhere has all of the American provincials very much afraid. Something could happen in each of those cases.

"And when one factors in the sexual abuse spectre that is everywhere ... retirement and prayer and fishing and reading and watching the Canadiens on TV look really attractive!! (well maybe not so much watching the wretched Canadiens!!)"

And in a letter dated April 5, 2004, Father Hugh Cleary, superior in Rome, wrote to provincial superior Réjean Charette, the order's top man in Quebec at the time, asking about a religious brother. Sources say the brother had abused a child while working in Rwanda.

"I heard that Brother Ulysse Hamel continues to volunteer at the Oratory after having been officially let go," Cleary wrote. "I've asked him to stop in order to avoid a lawsuit for the Oratory or Province if his behaviour were to be known publicly. It's difficult for him, I'm sure, because of his great love for Brother André and Saint Joseph, but these are difficult times in the church."

When asked this week about allegations of abuse of a Rwandan, Hamel, now 80, replied, "I don't know if that's true or not. I'm not aware of that." He taught for eight years in schools in Butare and Kigali in Rwanda, before the Central African country was devastated by genocide 1994.

When asked why he was let go at the oratory, Hamel replied, "They let me go, but they didn't say why. Another guy came in to replace me."

Kennedy said Hamel "knew exactly why we let him go. ... Because we told him."

He confirmed that moving brothers around like pieces on a chess board was the common practice, rather than getting police or social services involved, or outright ex-communicating someone.

"We never once dismissed anyone, although that was an option, but if you could get rid of the brother by sending him some place where he was out of sight, out of mind, all the better," he said.

"We could have sent them to therapy, but they weren't willing subjects."

Such situations of abuse, he said, came up on average four or five times a year, but the names of the brothers in question were never recorded in the minutes of the meetings, for fear someone would read them.

Kennedy described some of the abusers as naïve, caring men, shielded from the real world by the insular life of the order.

"Did they not know what they were doing?" he said. "And if not, how sad, because lives are now ruined."

A source who had knowledge of the daily financial operations of the brothers and also had signing power on the cheques for the administration of the religious province, said that in the many years he worked for the order, at least $500,000 was paid to victims to buy their silence about abuse.

One, a young drug-addict who had photos of him and Brother Léon Laroche having sex, was given about $25,000 for the lurid pictures, the source said. Laroche died recently in his 70s. Over the years, Laroche gave the addict close to $100,000 in exchange for sex or affection. "The guy played Laroche like a violin," said a source close to the order.

"I've known the brothers for years," he said. "I'd tell the provincial that someone was dangerous and they'd look at me and say, 'What do you want me to do? Think of the scandal it'd bring on the whole thing.' That was the dilemma."

Others were also cut a lot of slack or those in charge simply turned a blind eye to what has going on. In October, 2003, Brother Gérard Dionne, now on the provincial council, received $1,000 and $1,500 within two days, but the receipt gives no explanation what the money was for. Dionne refused to comment this week, referring all questions to the provincial superior, Father Jean-Pierre Aumont.

Sources said the money was to pay off a Rwandan boy who alleged that he was abused by Brother Hamel.

"When (Hamel) came back, he was sent to the oratory to work," the source with knowledge of the finances said. "Suddenly, a black guy shows up there and says if he doesn't get help, he's going to the newspaper.

"It ended up costing $5,000 or $6,000 for him to shut up," he said. "At about the same time, in 2003, Ulysse Hamel was dismissed from the oratory."

The source said that since the brothers lived together in houses, they all knew what each other was up to.

"So they were all holding each other by the balls," he said, explaining the conspiracy of silence that existed.

"There are brothers who live it very faithfully and to them I take my hat off," Kennedy said. "But they were few and far between. For those in positions of power, it was more about power than service."

This article was found at:

http://www.montrealgazette.com/Dark+side+chaste+life/
1041152/story.html

Abuse victims ask parishioners to withhold donations

Newsday.com Long Island, NY
December 8, 2008

by Laura Rivera

Members of a new Catholic reform group Sunday urged Long Island parishioners to withhold donations for what they said was the mishandling of clergy sex abuse cases.

About a dozen people supporting Project Send the Bishops a Message demonstrated outside St. Agnes Cathedral in Rockville Centre after morning Mass, asking parishioners to contribute to children's charities instead of their local parish on Dec. 21.

The group's national director, Frank Douglas, said the selective boycott would convey to church leaders that they need to do more to protect children from sexual abuse and to make their finances more transparent.

"The real message to Catholics is to try to make them aware that they have the power to change the church through the power of their purse," said Douglas, based in Tucson, Ariz. Douglas called on U.S. dioceses to disclose income and balance sheet statements and assets, including real estate, cash, and stocks and bonds.

Diocese of Rockville Centre spokesman Sean Dolan said such action would starve parishes of much-needed funds for social services as well as their own maintenance.

"If these people really want to send a message, withholding collections is probably one of the least effective ways of doing it because you're hurting your pastor and you're hurting your parish, especially in this season of giving," Dolan said.

Outside the cathedral Sunday, Tim Walsh, 45, held up photos of himself as an altar boy at St. Hugh of Lincoln Roman Catholic Church in Huntington Station, where he says he was sexually abused by a priest.

"When they come out of the Mass, they see us as adults," said Walsh, of Huntington, one of four survivors in attendance. "Maybe we should show us as children to show who was the person who was abused. And it wasn't us. It was a child."

This article was found at:

http://www.newsday.com/news/local/ny-licath0812247514dec
08,0,5043820.story

Victims get little relief from priest abuse settlement

KXLY.com

SPOKANE -- Admitted pedophile and former Spokane priest Patrick O'Donnell has agreed to pay his victims $5 Million even though he admits he doesn't have the money.

A settlement was confirmed in court Wednesday, one that an attorney for O'Donnell's victims calls a symbolic victory in that he doesn't have $5 Million and the victims will see very little money from the settlement.

Steve Barber waited six years for his day in court, the day that Patrick O'Donnell would take the stand and confess to sexually abusing him and others while a priest in Spokane. Unfortunately for Barber and other victims of priest abuse will never see that day.

Instead Barber attended a hearing Wednesday that ended his six year long legal fight.

"You try to get him into court to hold him accountable and all he has to say is ‘Oh I'm guilty' ... there should be more justice than that," Barber said.

O'Donnell avoided a civil trial scheduled for this week by admitting his sins and agreeing to a $5 Million settlement with 24 victims.

"I'm not excited about it and honestly might as well make it $20 Million ... crap he's not going to pay us anyway .... hell make it $100 Million ... make it sound good. No I'm not happy at all," Barber said.

O'Donnell's attorney released a written statement on his client's behalf that reads:

"Mr. O'Donnell agreed to the amount that was suggested by plaintiff's counsel. He wanted to put an end to this matter and not force the plaintiffs to relive this matter again in a projected 10-day trial. O'Donnell has previously expressed his apologies to all whom he has harmed and he continues to live with the reality that he personally cannot undo the harm that was done. If he could satisfy the judgment he would do so, but he cannot."

Last January O'Donnell was a seasonal employee at a western Washington Costco and living a gated community in LaConner about 40 miles north of Seattle. His home is valued at $275,000 but victims attorneys say they haven't decided if they will force him to sell the house. State law would allow him to keep $125,000 of the equity in the home and O'Donnell's retirement accounts are also protected from the settlement.

Barber says the money does little for him.

"What do I really want? I want to go back to when I was 13 and hope this never happened in the first place and that will never happen," he said.

O'Donnell was not present for Wednesday's hearing.

This article was found at:

http://www.kxly.com/Global/story.asp?S=9340075&nav=
menu683_2_10

Message to bishops on clergy sex abuse

Los Angeles Times - November 11, 2008

A new Roman Catholic reform group called Monday for U.S. Catholic parishioners to withhold church donations Sunday to protest what it called the failure of religious leaders to protect children against clergy sexual abuse.

A leader of the organization Send the Bishops a Message said that holding back contributions will allow lay members to vent their frustration over a scandal that has spread to all 50 states and cost the Roman Catholic Church more than $2 billion in U.S. legal settlements. Parishioners are being urged to withhold their donations once a month after Sunday's kickoff.

"We're trying in a very small way to empower the laity to realize that they do have power to change this church," Frank Douglas, the group's national director, said outside the Cathedral of Our Lady of the Angels in Los Angeles.

Source: Los Angeles Times

This article appeared on page A - 5 of the San Francisco Chronicle

This article was found at:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/11/
MNPF1424EJ.DTL

Read the "Send the Bishops a Message" press release here:

http://www.sendthebishopsamessage.com/releases/release/
6433339/17524.htm

Marianists settle sex abuse suits for $4 million

Express News - San Antonio
October 30, 2008

By Abe Levy and Todd Bensman | Express-News

Almost two dozen men who implicated a former Catholic clergyman from San Antonio in sexual-abuse lawsuits will split $4 million under a settlement announced Thursday in Pueblo, Colo.

The lawsuits claimed San Antonio resident William Mueller, 70, under the guise of doing psychological experiments, used ether on students at an all-boys Catholic high school to render them unconscious before fondling or sexually molesting them.

“Horrific things were happening to boys put into a Catholic school by their families, which is disgusting,” said Jeff Herman, a lawyer for the plaintiffs. “To me, (the settlement) is validation of wrongdoing, and that the writing was on the wall.”

Mueller was a Marianist brother when he taught music and religion at Roncalli High School in Pueblo from 1966 to ’71. It wasn’t until 2005 that former students began coming forward with similar stories about him. They sued the Pueblo diocese and the Marianists, which staffed the school.

After teaching band in Colorado, Mueller in 1971 came to San Antonio, where he worked for a decade at Central Catholic High School under the auspices of the Marianist order. He then worked at schools in St. Louis, where the Marianists last year agreed to pay $160,000 to settle a lawsuit over a similar sex-abuse complaint — involving an attempt to use ether to knock the victim out.

The Colorado and Missouri lawsuits contend the Marianist order knew of the abuse and failed to intervene, a charge that the order’s officials deny. The settlement of the Colorado suits did not require the Marianists to acknowledge fault.

Although no lawsuits have been filed in San Antonio, plaintiff’s lawyers say five alleged victims here have hired them, claiming the same method of sexual abuse.

In the wake of the Colorado lawsuits, as many as 30 people from San Antonio answered a letter from Central Catholic in 2005 that asked alumni to report any abuse by Mueller. School officials said some former students recounted that Mueller tied them up and blindfolded them as part of psychological experiments, but none alleged sexual abuse. All of the local alleged victims came forward beyond the date they could sue in Texas, and none have come forward publicly.

In contrast, the lawsuits in Colorado were possible because that state threw out its statute of limitations on such claims. But according to lawyers familiar with clergy abuse litigation in Texas, the prospect of a judge removing the legal barrier here is slim.

“My belief is that San Antonio is so heavily Catholic that it would be very difficult to get over the statute of limitations defense,” said Robert Scamardo, a Houston-based plaintiff’s attorney who has brought many clergy abuse lawsuits. “This is happening all over the country, but I don’t believe San Antonio judges would do this.”

The Marianists issued a statement Thursday on behalf of Brother Stephen Glodek, head of the order, wishing the settlement brings the plaintiffs “closer to peace of heart and healing.”

Asked whether the order was aware of any Texas victims, a spokeswoman for Glodek answered no. She did, however, say that Glodek had received a number of phone calls about Mueller from Texans, but refused to elaborate.

On Thursday, Mueller was found living at a West Side home with his older brother.

Dressed in a T-shirt and light brown pants, he refused to respond to questions about the settlement and accusations of sex abuse by saying, “I can’t. Please don’t bother me. It’s hard enough.”

Mueller is considered one of the more harmful sexual predators in the Catholic Church because he’s not been put behind bars, according to the Survivors Network of those Abused by Priests, or SNAP, a national advocacy group for victims of sexual abuse by Catholic leaders. Two SNAP members protested with signs Thursday afternoon in front of Central Catholic.

“Just in terms of sheer numbers, he’s among the most prolific, with victims in three states,” said David Clohessy, the group’s president. “Who knows the final count?”

This article was found at:

http://www.mysanantonio.com/news/local_news/
33599889.html

Stolen Childhood

The Sampradaya Sun - October 9, 2008

by GANGANAM DASA

Oct 09, USA (SUN) — There has been a lot of discussion about the ISKCON settlement recently. I am a former gurukuli who attended Vrndavan, New Vrndavan, Gita Nagari, and other gurukulas in the late 70's and early 80's. I, along with many other children, in addition to being forcibly removed from my parents at age 4 or 5 endured many forms of physical, sexual and emotional abuse.

Before the lawsuit was pursued, around '98 and '99, I recall personally contacting different temple authorities about getting some employment through ISKCON. As many of us gurukulis are in our 30's and because of the low quality of education given in the gurukulas, university entrance was impossible. While ordinary karmis are having successful lives -- financial, emotional, and family stability -- every gurukuli I know is struggling day to day, have not attained the dreams of having what karmis consider even average success: family, a comfortable living situation, reliable vehicle, etc.

I have to emphasize that when I was 4, I didn't make the choice, unlike adults, to join a religion that celebrates poverty, lack of family, and viewing the world as a Kali Yuga hellhole that we must leave ASAP. Now as a result, many of us have grown up into exactly what was planned for us -- emotionally disturbed, unskilled losers, while many others around us who had normal childhoods are prospering with happy lives complete with families of their own. It's no wonder some have attempted or chosen to end their lives through suicide.

As I began, in '98 I had many talks with the temple authorities about solutions, such as offering former gurukulis support, employment, counseling, help with going to college, etc., and I was never offered a single lead in any of these areas. It had to come down to someone outside of ISKCON -- Windle Turley and a lawsuit -- to make any change.

And on the topic of the amounts that are compensated to former gurukulis, I can tell you firsthand, since I am one of the Turley claimants. It works out to about two thousand dollars twice a year for 4 years -- about enough to pay rent and bills for a short time. So anyone thinking there was a lot of money involved, they are simply wrong. It's a pittance for a stolen childhood and a bleak future.

This article was found at:

http://www.harekrsna.com/
sun/editorials/10-08/
editorials3427.htm

FLDS suit: Shake-up unconstitutional

Salt Lake Tribune - October 7, 2008

Polygamous sect claims that changes since an '05 court takeover have secularized it, violating religious freedom

by Brooke Adams

Members of a polygamous sect contend a court-ordered reorganization of their property trust violated their constitutional rights and are suing to reverse the changes or regain control of the trust.
In a federal civil rights lawsuit filed Monday, members of the Fundamentalist Church of Jesus Christ of Latter Day Saints argue that changes to the United Effort Plan Trust since a court takeover in 2005 have secularized it, violating their religious freedom. Defendants named in the suit are 3rd District Judge Denise Lindberg, current trust manager Bruce R. Wisan, Utah Attorney General Mark Shurtleff and Arizona Attorney General Terry Goddard.
Lindberg appointed Wisan to oversee the trust in 2005 after ruling its FLDS trustees were improperly selling off assets and had failed to protect the trust from lawsuits.
The UEP Trust holds virtually all land and buildings in Hildale, Utah, and Colorado City, Ariz., the traditional home of FLDS church. The sect also has land holdings in British Columbia. In 2005, the combined holdings were estimated to have a value of $110 million.
The UEP Trust was officially organized in 1942 by the fundamentalist Mormon group known at the time as The Work, now the FLDS Church. It was designed to protect property and, through a communal effort, support members with plural families.
As an expression of faith, members consecrated property to the trust to be shared with other church members based on their "just wants and needs," as established by the faith and determined by religious leaders, the suit said.
But changes approved by Lindberg, the suit alleges, have put secular criteria in place, severing ties between the trust and "the religious life of the community" and discriminating against members of the FLDS faith as part of a "sociological and psychological war."
"Utah, through its attorney general and the 3rd District Court, is interfering in obvious ways with the exercise of religion by the members of the FLDS church," the lawsuit claims.
The filing also alleges that one of the reasons for reorganizing the trust - that the UEP supported bigamy - is invalid because Utah's bigamy law targets "religious polygamists and is not enforced in a religiously neutral manner."
The unnamed FLDS members pursuing the lawsuit are represented by Salt Lake City attorneys Rod Parker and Richard A. Van Wagoner.
Until about two months ago, sect members had for the most part silently stood by as the court reformed the trust and Wisan moved to break up its holdings to turn them into private property. Parker said recent proposals, such as Wisan's plan to sell a farm that has been the community's "bread basket," have become more "acute" and moved members to assert their constitutional rights.
Wisan is acting on behalf of the state, he said, and "the state is trying to substitute itself for a religious leader."
Wisan has previously defended his management of the trust as being "approved by the judge" and in keeping with Arizona and Utah laws. On Monday, he said he had not yet seen the lawsuit.
"The courts have ruled that the trust is not just for the FLDS, and according to the FLDS it should be just for them," Wisan said, adding that he remains focused on getting property subdivided in the twin towns so it can be distributed.
The Utah Attorney General's Office did not respond to a request for comment.
The trust is entangled in about five lawsuits. They include a multimillion-dollar claim filed by Elissa Wall, the key witness in the state's successful prosecution of sect leader Warren S. Jeffs; litigation over sale of the Harker Farm in Beryl, which Wisan seized from the sect to satisfy a judgment against the trust's former managers; and a proposed sale of the Berry Knoll Farm at the Utah-Arizona state line.
Wisan has no money to operate the trust or cover its expenses - at least $1 million is owed to his firm and his attorneys - prompting the land sales.

This article was found at:

http://www.sltrib.com/
ci_10656140

Priest sex-assault victim asks highest court to hear her case

The Providence Journal - October 5, 2008

She says that local diocesan leaders “have acknowledged –– in their own ‘audit report’ –– that more than 10,000 children across the nation are alleged to have been sexually abused by more than 4,500 priests” yet have “lobbied across the country to preserve their privilege … and financial assets at the expense of the nation’s children.

by Tracy Breton | Journal staff writer

In 1982, Mary Ryan was raped by a Roman Catholic priest in the bedroom of her Providence apartment. The priest, the now-deceased Monsignor Louis Ward Dunn, was convicted by a judge. It was the first rape conviction of a priest in Rhode Island.

Like many victims who were sexually abused by priests over the last several decades, Ryan went on to sue the Diocese of Providence and its hierarchy, claiming that they should be held responsible for what had happened to them. The suits alleged that over a period of decades, diocesan leaders had received many reports of sexual misconduct by priests assigned to its parishes but had swept them under the rug. Instead of expelling the priests from their ranks, the lawsuits claimed, diocesan leaders repeatedly transferred them from church to church where they continued their sexual predation.

But unlike the other victims who filed such lawsuits, Mary Ryan refused to accept a mediated settlement. She turned down $400,000 that the diocese was prepared to give her to compensate her for her injuries.

Now, in what may be the final leg of her long battle with the Rhode Island judiciary, the 47-year-old Burrillville mother of four is asking the U.S. Supreme Court to declare that she has a right to a jury trial on the merits of her claims. Joining her as a petitioner is her husband of 25 years, Thomas Ryan, a fire-alarm installer who has stood by her side since the day, 14 years ago, that she revealed to him that the priest who had given her away at their wedding –– a man whom she considered a surrogate father, who had baptized her first child –– had sexually assaulted her.

MARY RYAN’S quest for justice has never been about money, she says. It’s about holding the diocese publicly accountable for what she calls “a cover-up” and a long campaign by its leaders to smear her reputation. She wants to be able to present her case to a jury. If she goes to trial, she reasons, she will be able to force the diocese to open up thousands of pages of confidential records that the diocesan leaders have fought for years to keep secret. The records, now under court seal, will be the vehicle, she says, that will help prove her case.

Ryan’s legal battle has been a lonely, uphill fight. In 2002, she was the only one of 38 victims of sexual abuse who would not participate in a $13.5-million settlement from the Diocese of Providence that was mediated through binding arbitration. When she balked, her lawyer decided he didn’t want to represent her anymore. For the past six years, she has gone it alone, incurring thousands of dollars in costs –– much of it donated by friends–– to continue her court battle on her own. She says she has spent more than $6,000 on transcripts alone.

So far it has been for naught.

In 2003, Superior Court Judge Robert D. Krause –– the judge who presided over the dozens of cases that settled with the diocese –– dismissed Ryan’s lawsuit after she refused to join with the others who took the money, saying she had waited too long to sue after being raped by Louis Dunn. This February, the state Supreme Court rejected her appeal, agreeing with Krause. The court said Ryan and her husband had just three years to sue after the rape, but had waited 13 years to do so.

Ryan asserts that the state Supreme Court erred in its ruling and that it completely missed the point she was trying to make when it ruled on the statute of limitations issue.

“Dunn and his criminal conduct was not before the court,” she said in a recent interview. “That’s already been established. The criminal case was done. The issue here is that these men [diocesan leaders] knew Louis Dunn and other priests were criminals yet they put them in positions of power” where they could continue preying on young parishioners “of their sexual preference.”

“Unbeknownst to me, Dunn had been reported to the diocese long before what he did to me, while stuff was happening to me.” But no one, she says, did anything to stop him.

In Mary Ryan’s mind, there is “no statute of limitations of a cover-up that continues to this day.” As recently as this January, the church was in court arguing against having to produce records to show what it knew about sexually abusive priests over the years. In a decision involving three lawsuits brought by men who say they were molested years ago by three different Rhode Island priests, Superior Court Judge Netti C. Vogel ordered the Roman Catholic Diocese of Providence to provide much more information regarding allegations against dozens of priests going back nearly four decades.

In response to the court order, the church produced files on 83 priests –– including Father Dunn –– who have been accused over the years of sexual misconduct. But since those lawsuits were settled without a trial, almost everything produced by the diocese remains under seal.

Representing herself, Ryan is now asking the nation’s highest court to review the lower court’s decision, overturn it and reinstate her lawsuit. She is asking to be heard “in forma pauperis” –– which would allow her to argue her case as an indigent petitioner, someone who has no ability to pay.

She asserts in her newly filed brief that not only did the Rhode Island Supreme Court err in interpreting the statute of limitations but that her constitutional rights were violated. She alleges that the chief justice of the Rhode Island Supreme Court, Frank J. Williams, should have disqualified himself from participating in her case –– alleging that his “strong public ties” to diocesan leaders made him a less than neutral participant. She also asserts that Krause, the trial judge who threw out her lawsuit, had “an agenda” in pushing the settlement of the cases and that he, too, should have recused himself from hearing her case once she made it clear she did not want to settle.

Thomas R. Bender, a lawyer representing the Roman Catholic Diocese of Providence, believes Ryan’s petition is so meritless that he has waived his right to file a reply to her filing. In a recent interview, he called Ryan’s petition mostly “a rehash” of arguments over state law that she has previously made –– without success –– for the past several years.

“She hasn’t raised any federal constitutional issues that I think the court would be interested in,” said Bender.

But Ryan contends that it would be in the public interest for the U.S. Supreme Court to take up her case because “across the nation, there are numerous courts issuing contradictory rulings” regarding statutes of limitation in clergy sexual abuse cases “and many victims have been denied their day in court.”

She says that local diocesan leaders “have acknowledged –– in their own ‘audit report’ –– that more than 10,000 children across the nation are alleged to have been sexually abused by more than 4,500 priests” yet have “lobbied across the country to preserve their privilege … and financial assets at the expense of the nation’s children. They have fought hard against the elimination or extension of statutes of limitations as a matter of public policy….” Ryan says she has filed 1,400 pages of exhibits to bolster her claim –– along with a stream of quotes from Chief Justice Williams from published interviews he has given to reporters over the years.

One of the things she cites in her brief is an excerpt from an interview that Williams gave to M. Charles Bakst, the now-retired political columnist for The Providence Journal, in September 2003. “Writing about certain church and State issues, Mr. Bakst discussed Judge Williams’ decision to use the prestige of his public office to urge R.I. State judges to take part in the defendants’ ‘Red Mass’ on Supreme Court stationery.… Judge Williams requested the judges to notify a designated court employee to confirm their attendance.”

She also includes statements Williams made to The Providence Visitor, the diocesan newspaper, on Jan. 5, 2004. “Without faith, you’re dead…,” he told the reporter. “It’s very easy going from being a Catholic to being a judge. We follow the same principles…. We were not founded as an atheist society.… Peaceful mediation has become my mantra…. That peace coming from Christ.”

Ryan also noted that in an interview with the Associated Press on Sept. 8, 2004, Chief Justice Williams said he had urged lawyers in the clergy abuse cases to mediate. “You don’t need a forum such as the court to go through every gory detail…. I don’t think we need that in our culture,” Ryan quotes Williams as saying.

In her appellate brief, Ryan also tells the court that after her lawyer decided to pull out of her case, he contacted her therapist. The lawyer, she said, wanted her therapist to meet with him and the Ryans to “attempt to convince them” to participate in the multi-million-dollar settlement that the other sexual assault victims had agreed to take from the diocese. The therapist refused to attend the meeting, Ryan says.

THE NATION’S highest court is taking up Ryan’s petition in a conference on Friday to decide whether to take the case.

The odds are slim that the court will accept it. In 2006 –– the latest year for which statistical records are available –– there were 8,857 cases that the court was asked to review. It chose to hear just 78 of those cases. Historically, of the cases that are accepted for review, less than 1 percent are from indigent petitioners.

Once a petition is filed, it is first read by the justices’ law clerks. The justices themselves often go no further in deciding whether to accept a case than reading a memo from a law clerk pool. Legal experts say that the best barometer for weighing whether the Supreme Court will take a case is whether there is a federal issue of national importance. It takes four justices –– out of the nine on the court –– to vote to place a case on the court’s calendar for briefing and argument.

This article was found at:

http://www.projo.com/news/content/MARY_RYAN_APPEAL_10-05-08_
0KBLE66_v38.129bbc1.html

Schools run by secretive cult receive $18m in government funding

Sydney Morning Herald - October 2, 2008

Brethren schools net $18m funding

by Anna Patty, Education Editor



SCHOOLS run by the secretive Exclusive Brethren religious sect receive more than $18 million a year in government funding, including $2 million from NSW taxpayers, new figures show.

The figures obtained through freedom-of-information laws show that state governments injected $5.8 million into the schools managed by what the Prime Minister, Kevin Rudd, has derided as an "extremist cult".

Last year the NSW Government provided $2 million to the Meadowbank Education Trust School in Meadowbank, up from 842,317 in 2002-03. The school also received $5.1 million from the Commonwealth, which gave all Brethren schools a total of $12 million last year, according to figures obtained by a NSW Greens MP, John Kaye.

Dr Kaye said the growth in public funding for the Brethren schools could not be justified as long as they operated behind closed doors and refused the enrolment of children who were not sect members. "Neither state nor Commonwealth money should be used to subsidise the sect's deeply divisive agenda of indoctrinating vulnerable children, he said.

"With total state subsidies climbing to more than $6 million dollars each year, the growth of Brethren schools is now also a direct responsibility of the state education ministers."

Brethren schools receive the maximum level of Commonwealth funding that is usually reserved for schools in severely disadvantaged areas. Their funding has been maintained at historic levels under the Howard, and now Rudd, government's "no losers" policy, which prevents cutting funding from any school even when their demographic profile improves.

In his book Behind The Exclusive Brethren, the journalist Michael Bachelard reveals a letter written by the sect in 2004 to the former minister for education Brendan Nelson. It said a survey of members over previous decades had shown they were found in the "middle to upper levels of the socio-economic group".

"Any funding system which delivers poverty-level funding to a group that boasts of its average wealth, needs to be reviewed," Mr Bachelard said.

A spokeswoman for the NSW Minister for Education, Verity Firth, said funding for the school had increased as a result of increased enrolments.

Under the NSW Education Act, private schools could qualify for Government funding if they were not run for profit and if they taught the NSW Board of Studies approved curriculum. They were also required to comply with child protection guidelines and teacher qualification standards set by the NSW Institute of Teachers.

"There is no religious test for school funding," the spokeswoman said. "If there is credible information that the Exclusive Brethren schools are not complying with the criteria as set out in the Act, the minister would urge that information be sent to the NSW Board of Studies."

Dr Kaye said enrolments at the school have grown from 119 in 2001 to 828 this year.

A recent Federal Education Department review singled out the Meadowbank school as an example of schools gaining an unfair advantage by establishing campuses. If they were called new schools, they would not qualify for the parent school's funding.

A Brethren Church spokesman said: "Our schools are receiving funding they are entitled to under independent government assessment."

This article was found at:

http://www.smh.com.au/news/national/brethren-schools-net-18m-funding/2008/10/01/1222651172338.html

4 more kids dropped from FLDS case

Deseret News - September 17, 2008

by Ben Winslow

More children are being dropped from the nation's biggest custody case, which involves the Fundamentalist LDS Church.

On Tuesday, Texas Child Protective Services filed to "nonsuit" four more children taken into state custody in the raid on the YFZ Ranch. That brings the total number dropped to 291, agency spokesman Patrick Crimmins told the Deseret News.

Approximately 439 children were taken from the YFZ Ranch and then subsequently returned to their parents when a pair of Texas courts ruled the state acted improperly in removing all of the children, saying there was no imminent danger of abuse. Only one child, a 14-year-old girl, has been returned to foster care after a judge ruled her mother could not protect her from abuse. Child welfare authorities allege the girl was married at age 12 to FLDS leader Warren Jeffs.

The decision to nonsuit ends court oversight and requirements that families must remain in Texas, attend parenting classes or make themselves available to CPS investigators. However, CPS could still retain some involvement as child welfare investigations continue.

Meanwhile in Utah, lawyers for a group of ex-FLDS members said they do not object to FLDS member and spokesman Willie Jessop serving on an advisory board for the court-controlled UEP Trust — provided he is thoroughly vetted before being appointed.

The UEP Trust, which is the real-estate holdings arm of the FLDS Church, has an opening on its advisory board for an FLDS representative. In a recent letter to the judge overseeing the trust, Jessop accepted an invitation and recommended another member join him.

"The person fulfilling this position is to provide non-binding input regarding the just wants and needs of Trust Participants in light of the religious principles of the FLDS Church," attorney Greg Hoole wrote in papers filed in Salt Lake City's 3rd District Court last week. "No person can be considered for this position until they are first designated in writing by the FLDS Church to fulfill this position."

Board members have undergone depositions in the past. Hoole — whose clients include Elissa Wall, the star witness in Utah's criminal case against Jeffs — has sought to depose FLDS members. He also has filed several lawsuits against the FLDS Church and the UEP on their behalf.

The UEP was taken over in 2005 amid allegations that Jeffs and other FLDS leaders mismanaged it. A judge appointed an accountant, Bruce Wisan, to oversee it. The trust is undergoing court-ordered reforms, doing away with the concept of a "united order" in favor of private property ownership.

After years of refusing to cooperate with Wisan, FLDS members have recently filed court challenges, seeking to halt his proposal to sell property in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz.

"Without assigning blame to either side, a significant amount of distrust exists between the special fiduciary and the majority of UEP Trust participants," Hoole wrote in his response to the controversy.

In his court filings, Hoole appears to support having the fiduciary clear property transactions through the courts, with the opportunity for FLDS members to comment on them in court. He also proposed minutes of advisory board meetings be posted on the Internet, town hall meetings and transitioning authority away from the UEP's court-appointed fiduciary to a new board of trustees.

"No doubt the board of trustees would face many of the same challenges the Special Fiduciary has faced," he wrote. "However, recent events have demonstrated that absent a change in administration the Trust may never resolve the communication and trust issues that have developed."

This article was found at:

http://deseretnews.com/article/1,5143,700259489,00.html