Showing posts with label statute of limitations. Show all posts
Showing posts with label statute of limitations. Show all posts

26 May 2011

NY Senator says powerful institutions fighting legislation that would offer justice to time-barred survivors of sex abuse



Times Union  -  Albany, NY     May 25, 2011

N.Y.'s obligation to sex abuse victims


By Thomas K. Duane  |  Opinion




The beatification of Pope John Paul II in Vatican City has caused much fanfare around the globe, yet for many people it stirred painful memories of the clergy sex abuse scandal that occurred under his leadership.

Child sex abuse is not limited to the Catholic Church or to any other organized religion. A child or teenager can be molested by any adult in a position of authority or trust.

It is also true that those molested at an early age do not come to terms with what has happened to them until much later in life. I have spoken to many survivors and the pattern of delayed reaction, and pain, is always the same. In the case of institutional sexual abuse, the pain is magnified when it becomes clear that officials knew about the proclivity of abusers and did nothing.

Survivors deserve justice. Because transparency so rarely occurs voluntarily, the criminal and civil justice systems are the only way to seek relief. Tragically, New York is one of the worst places in the United States for sexual abuse survivors seeking justice.

New York relies on an antiquated statute of limitations. As a result, many abusers escape conviction unless they went across state lines to abuse a child in a state with a rational state of limitations. The conviction of New York priest Gary Mercure in Massachusetts is a recent example.

It is too late to prosecute abusers who ran out the statute of limitations clock in New York. The only hope for justice lies in New York's civil courts.

Regrettably, an abused child only has to the age of 21 to bring a lawsuit. Yet most survivors don't come to terms with their abuse until decades later, according to Marci Hamilton of the Benjamin N. Cardozo School of Law.

In 2002, California, facing a similar problem, enacted a one-year window allowing time-barred survivors the ability to file a lawsuit.

These lawsuits are not solely about money. A lawsuit allows a survivor to review documents that show what institutions knew about an abuser and when they knew it -- a discovery process that is validating and powerful.

The window works. In jurisdictions that have created a retroactive window, the Catholic Church has quickly entered into a closed settlement agreement with survivors to prevent records from being disclosed. In New York, no settlements are offered because institutions are protected from document disclosure and the sunlight of the courts.

The church also uses bankruptcy as a tool. Bankruptcy is not caused by damages paid to victims. This is a common misconception. Bankruptcy is declared to delay or avoid disclosure and prevent fair payment of economic damages.

Since 2003, I have introduced legislation in the state Senate that would create a one-year window for time-barred survivors of sexual abuse. It ensures that both private and public entities are subject to the same liability. Church and state, religious and secular, public and private are all treated equally under my legislation.

The legislation is aggressively lobbied against by many of the powerful institutions it would affect [see links below] and has never made it to the Senate floor for a vote. Lobbyists hired to fight this legislation are like a who's who of the most connected in Albany. Survivors feel betrayed by officials who care more about appeasing powerful and well-funded interests than creating a path to justice.

It is time the Senate and Assembly pass this legislation to provide relief to survivors and make our communities safer.

State Sen. Thomas K. Duane, D-WFP, represents the 29th District in Manhattan.


This article was found at:



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18 Apr 2011

Belgian bishop who molested two nephews gets state pension, sent to French monastery for treatment but disappears



The Telegraph  -   UK      April 18, 2011

Child abuse bishop disappears from French monastery



A Belgian former bishop has disappeared from his French religious community three days after he admitted to sexually abusing two of his nephews, its leader said on Sunday.

Roger Vangheluwe resigned as Bishop of Bruges last year after confessing to having sex with his under age nephew, but was not prosecuted as the crimes had taken place several years previously before the statute of limitations.

Last week, he again caused outraged when he gave a television interview in which he also admitted to molesting a second nephew but insisted he did not consider himself a paedophile nor a threat to children.

"How did it start?" Vangheluwe said in the interview. "As in all families: when they came to visit, my nephews would stay over.

"It began as a kind of game with this boy. It was never a question of rape, or physical violence. He never saw me naked and there was no penetration.

"I don't in the slightest have any sense I am a paedophile. I don't get the impression my nephew was opposed, quite the contrary," he added although he also admitted: "I knew it wasn't good, I confessed it several times."

After the first scandal, The Vatican ordered him to seek "spiritual and psychological treatment" at a church community La Ferte-Imbault in France, and to stay out of the public eye.

Following the interview, which outraged many in Belgium and drew a sharp denunciation from the Council of Bishops, there were calls for him to be prosecuted. But on Sunday it emerged that he had gone.

"He left last night," the mother superior of the Brotherhood of Jerusalem told AFP at the community. Asked where he had gone, she said: "I don't know. We are referring all questions to the papal nuncio's office in Belgium."

The case plunged the Belgian Catholic Church anew into turmoil, with several bishops asking the Vatican to act quickly to punish Vangheluwe.

In September 2010, the church was rocked by nearly 500 cases of abuse by priests since the 1950s, including 13 victims who committed suicide.


This article was found at:


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Reuters   -   April 18, 2011

Analysis: Belgium looks to Pope to help end abuse crisis

By Tom Heneghan, Reuters Religion Editor



(Reuters) - Belgium's politicians and prelates are looking to Pope Benedict to help end a clerical sexual abuse crisis that is crippling the local Catholic Church and frustrating judicial authorities unable to resolve it.

Calls to punish former Bruges Bishop Roger Vangheluwe, who shocked Belgium last week by publicly excusing abuse cases that caused his downfall last year, have come from the Belgian prime minister, justice and foreign ministers and several senior politicians.

Belgian bishops have denounced Vangheluwe, 74, who quit as bishop of Bruges after admitting to molesting his nephew, and several bishops have made clear they want swift punitive action from the Vatican, which took control of his case this month.

But there is no consensus on what Benedict, who has the final say on Vangheluwe's fate, should do. He has shied away from stiff punishments for bishops caught in the abuse crisis plaguing the Church in Europe and the United States.

Belgian justice cannot intervene because the abuse cases, which Vangheluwe admits to, all occurred before the 20-year statute of limitations for them. Church law has no provision to defrock a bishop although the Vatican has done it in rare cases.

"The Church ... should be much more severe and much more complete than what has been said up until now," Justice Minister Stefaan De Clerck, a Christian Democrat, said on Friday.

Guy Harpigny, the bishop of Tournai, said: "I hope the Holy See understands that we need its help to clear up this affair - it's time for it to get to work."

VATICAN ORDERS TREATMENT ABROAD

Vangheluwe, who had been hiding in Belgium since stepping down in disgrace, moved to a French monastery several weeks ago on Vatican orders for "spiritual and psychological treatment" pending a decision from Rome on what his punishment should be.

Despite pleas from brother bishops, he appeared on Belgian television last Thursday and Friday evening and tried to play down the crisis by calling his abuse cases "a little game."

He outraged Belgians by denying he was a pedophile despite admitting to also molesting a second nephew, arguing predator priests were unfairly treated and showing little understanding of the gravity of the crisis he had triggered.

Since his resignation, about 500 cases of abuse over several decades have been reported. A Church commission studying the cases found that at least 13 victims had committed suicide over the years because the Church ignored their complaints.

Vangheluwe's interviews prompted calls over the weekend for him to be excommunicated, defrocked or locked up in a monastery and barred from further contact with the outside world.

Church law has no provision for defrocking a bishop. But Belgian theologian Rev. Gabriel Ringlet told Belgian television that this should not stop Benedict from taking decisive action.

"The pope should say loudly and clearly, 'I deeply regret that our law does not permit it, but morally I consider that this bishop is no longer part of our family'," he said.

DEFROCKED AND FREE?

Defrocking him, a step many critics outside the Church seem to anticipate, would not be the best solution because the Church would have no more authority over him, some bishops argued.

Antwerp Bishop Johan Bonny said Vangheluwe's interviews had "ruined a lot of our work" to overcome the abuse crisis, but advised against simply throwing him out of the priesthood.

"If you do that, he's a free man," Bonny told the daily De Standaard. "He can come back to Belgium, stay in France or leave for Argentina. What would that do?"

It's not clear how much control the Church has over the rogue bishop now anyway. Officials have confirmed to Belgian media that he will get his 2,800-euro state pension regardless of his standing in the Church.

Vangheluwe's whereabouts are once again unclear. He left the secluded monastery near Orleans on Saturday after it complained about all the media attention his presence had caused, and does not seem to lack options to hide.

"I've received a massive amount of offers of lodging, both from monasteries and from individuals," he boasted in his first television interview. "Hundreds of people have expressed their support by sending a letter or card."

(Editing by Mark Heinrich)

This article was found at:



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17 Apr 2011

Lutheran sect leaders in Finland admit they neglected to protect children from abuse by pastors and members





IceNews  -  Iceland      April 15, 2011

Religious group admits child abuse blunders




Leaders of a religious movement in Finland have admitted that cases of child abuse within its ranks have not been handled properly. An internal study into the Central Committee of Conservative Laestadian Congregations (SRK) – a revival group within the Evangelical Lutheran Church – has identified between 70 and 100 members as child abusers in the last 30 years.

At a press conference last Thursday, SRK leaders conceded that they did not always act on allegations of abuse within the movement. Most of the cases are believed to have taken place within families, with some of the crimes happening so long ago that they can now no longer be prosecuted.

The probe concluded that matters were not investigated early enough by SRK administrators and that the guidance given to those involved in child abuse cases was often contradictory or wrong. “There are situations in which forgiveness has been misunderstood, and where people have not been guided to take responsibility before the law,” said SRK Secretary-General Tuomas Hanninen at the press conference.

The SRK also expressed regret that previous statements were deemed to be protecting the perpetrators while downplaying the status of the victims. “We have not had a sufficient overall picture in the matter,” said SRK deputy chairman Matti Taskila in a Helsingin Sanomat report.

The internal inquiry was launched at the end of last year after allegations of extensive child abuse began to emerge from the Lutheran Church and its revival movements. Of the cases which were reported, around 30 have been put through court or have legal proceedings pending.

Between 10 and 15 of the alleged abuses are preachers, all of which have now lost their positions, according to Conservative Laestadian administrators. The management of the movement has, however, not been changed.


This article was found at:



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15 Apr 2011

Belgian Bishop who molested nephew admits on TV he abused another but says it was superficial and not pedophilia



Reuters   -   April 15, 2011

Belgium urges harsh punishment for sex abuse bishop

By Tom Heneghan, Religion Editor




PARIS (Reuters) - Belgium's justice minister urged the Vatican on Friday to impose stiff punishment on a disgraced Catholic bishop who denies being a paedophile despite admitting to sexually abusing two of his own nephews.

Stefaan de Clerck spoke out amid a media uproar after former Bruges Bishop Roger Vangheluwe defended himself on television by saying the abuse he committed was only "superficial."

Vangheluwe, who quit his post and went into hiding a year ago after admitting to molesting a nephew, confessed in the interview on Thursday evening that he had molested a second one.

He left Belgium last week under Vatican orders to seek "spiritual and psychological treatment" abroad and Belgian media say he is now in a French monastery. The Vatican has said the final decision on disciplining him lies with Pope Benedict.

"The Church must take up this case and see what sanction it should impose. It should be much more severe and much more complete than what has been said up until now," De Clerck, a Christian Democrat, told RTL radio.

"We expect the Church to punish him," he said. "They told him to leave the country -- that was also to shut him up. Making comments trying to minimise what happened is unacceptable."

VATICAN RELUCTANT TO PUNISH

The Vatican has been reluctant to impose stiff punishments on bishops found guilty of covering up sexual abuse of youths by priests under their authority.

Three bishops in Ireland and one in Germany have resigned but others accused of mismanagement have held onto their jobs.

Vangheluwe is the only admitted sexual abuser among the disgraced bishops and risks being defrocked if the Vatican should decide to impose the stiff punishment that Catholic critics of the hierarchy say is needed.

Clearly exasperated at the Church's defensive response to the scandals sapping its moral authority, De Clerck also called on the Belgian Catholic hierarchy to compensate abuse victims as recommended by a parliamentary commission.

Brussels Archbishop Andre-Joseph Leonard, who is head of the Belgian bishops conference, has caused controversy by saying the Church had no obligation to compensate victims.

In his interview, Vangheluwe told VT4 television he was sorry for molesting his nephews but did not consider himself a paedophile or see the acts as anything serious.

"It had nothing to do with sexuality," he said. "I have often been involved with children and I never felt the slightest attraction. It was a certain intimacy that took place."

"I don't have the impression at all that I am a paedophile. It was really just a small relationship. I did not have the feeling that my nephew was against it, quite the contrary."

NEPHEW BLEW THE WHISTLE

The nephew who Vangheluwe admitted to abusing for 13 years went public with his painful secret last year, saying he could no longer keep quiet and wanted to expose his uncle's actions.

Vangheluwe said he had paid the nephew sums of about 25,000 euros (22,110 pounds) on a number of occasions but this did not buy his silence.

In both cases, his abuse occurred years ago and can no longer be prosecuted, a justice official told Belgian radio.

"Vangheluwe is a sick man who doesn't realise what he's spewing out. He doesn't show the least bit of regret for the evil he has done," the Brussels newspaper De Morgen wrote.

"Shocking, disgusting, monstrous -- which word will end up being the best to describe Roger Vangheluwe's comments?"

"How can this man dare show himself on television?" the daily Gazet van Antwerpen asked. "For the love of God, how could someone like that become a bishop?"

(Additional reporting by Philip Blenkinsop in Brussels; editing by Mark Heinrich)


This article was found at:


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TIME   -  April 15, 2011

Just 'a Game': Outrage as Shamed Belgian Priest Downplays Child Abuse

By Leo Cendrowicz / Brussels




Former Bishop of Bruges Roger Vangheluwe is seen in this 2007 photo. The Vatican has sanctioned Vangheluwe, who resigned last year after admitting he had sexually abused his nephew
Peter Maenhoudt / AP



The Belgian Catholic Church must have felt it hit a nadir last year when it had to face harrowing revelations of rampant child sex abuse among its priesthood. However, the church's reputation is now at a new low, thanks to the ill-judged comments of the disgraced former Bishop of Bruges, who in April 2010 admitted to abusing his nephew. Belgians have been left in open-mouthed disbelief after the airing of a TV interview with Roger Vangheluwe in which he glossed over his history of abusing children.

Speaking on Belgian television on Thursday evening, April 14, Vangheluwe, 74, said he had in fact abused a second nephew as well. That would have been shocking enough: last year, when Vangheluwe initially owned up to the abuse — and stepped down as bishop — the move unleashed a flood of revelations by other victims of abuse in the church.

But it was no tearful confession that Belgians witnessed on Thursday. Looking relaxed and sometimes smiling, Vangheluwe described the sexual abuse as no more than "a little piece of intimacy." While he claimed to recognize that he had done wrong and said he often went to confession about it, Vangheluwe played down his actions. "I had the strong impression that my nephew didn't mind at all. On the contrary. It was not brutal sex. I never used bodily, physical violence," he said. The abuse of his first nephew, in the 1970s and '80s, he said, "started as, I would call it, a game." At the time, the boy was just 5, and the abuse would last 13 years. The abuse of the second nephew, he said, was "merely over a year." Despite this, Vangheluwe insisted, "I don't have the impression at all that I am a pedophile." Following the interview, the first nephew said through his lawyer that he did not want to comment; the identity of the second nephew is not yet known.

The interview drew almost immediate rebuke. Prime Minister Yves Leterme said Vangheluwe's remarks "go beyond the boundary of what is acceptable" and called on the Catholic Church to "assume its responsibilities." Vice Prime Minister Laurette Onkelinx said the interview was "disgusting," adding that Vangheluwe "showed a complete disdain for his victims." Justice Minister Stefaan De Clerck urged the Vatican to punish the former bishop. "It is a slap in the face of his victims and all victims," he said. And Carina Van Cauter, vice chair of the parliamentary committee investigating sexual abuse, said Vangheluwe "tried to turn his victims into culprits. He throws salt in their wounds."

The church also responded fiercely, with bishops lining up to condemn Vangheluwe. The Bishop of Ghent, Luc Van Looy, said he was "ashamed, shocked, upset and angry. By trivializing the abuse, Vangheluwe is deepening the indescribable suffering of victims." Josef De Kesel, Vangheluwe's successor as Bishop of Bruges, said, "It's unbelievable, and so damaging for all involved — firstly the victims, but also us, our credibility."

Victims groups reacted with weary disgust. "I was angry but not surprised," says Linda Opdebeeck, president of the support group Human Rights in the Church. "[Vangheluwe] is just like the monk who abused me 30 years ago and never accepted any responsibility. Vangheluwe will never recognize what he did, never understand the gravity of his actions, even though it was legal rape."

Gabriel Ringlet, a priest and influential Catholic figure in Belgium, says that while Vangheluwe's interview was repulsive, it also risks undermining the wider campaign against child abuse. "If we focus too much on him, we might forget the bigger problems," says Ringlet, who has urged the church to issue an unequivocal apology, punish the pedophiles and compensate victims. "The pedophilia is linked to the church's authority. When the priest suggests his abuse is part of his holy function, it is difficult for a child or parishioner to denounce him."

Despite his admission, Vangheluwe does not face criminal prosecution, because the abuses occurred decades ago, beyond Belgium's statute of limitations for sex abuse. The Vatican had sent the former bishop to an abbey in the Loire valley in France weeks ago for "spiritual and psychological treatment" in the wake of last year's abuse admission. It's not known whether the church knew of his second victim. Vangheluwe could be stripped of his priesthood, but that was also an option following his first abuse confession — and it still hasn't happened.

Nor has there been much progress in Belgium over the past year when it comes to abuse by clergy. As the scandal has escalated, the head of the Belgian Church, Archbishop André-Joseph Léonard, has been reluctant to take firm action beyond a vague expression of regret. Léonard, an archconservative who frequently conducts mass in Latin, is widely seen as being out of touch with his flock. Two weeks ago, he was targeted by custard-pie-throwing activists angry over his description of AIDS as a kind of "intrinsic justice" punishing gays.

Dirk Jacobs, a sociology professor at Brussels Free University, says the Vatican must act forcefully now if it wants to salvage some of its credibility and moral authority in Belgium and abroad. "But it might still be seen as too little, too late," Jacobs says. "The image we have is of the church as an institution of power, foremost worried about its reputation, disconnected from the real world and with a twisted view of sexuality." However, there is little indication that the Vatican is ready for an image overhaul. And one year after he resigned in disgrace, Roger Vangheluwe appears — like the Vatican — to be in denial about the problem.

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20 Mar 2011

Nebraska Senate considers bill extending statute of limitations for survivors of child sex abuse



Journal Star - Lincoln, Nebraska March 17, 2011

Senators consider giving child sex assault victims more time to sue

By KEVIN O'HANLON / Lincoln Journal Star



Nebraska lawmakers are considering tripling the amount of time victims of sexual abuse as children have to file a lawsuit against their abuser.

Under Nebraska's tort law, people have four years from when they turn 21 to file suit over injuries received while minors.

The Legislature's Judiciary Committee discussed a bill (LB612) Thursday by Sen. Pete Pirsch of Omaha that would increase that to 12 years for victims of child sexual abuse.

"Child victims of sexual assault are profoundly and psychologically affected,'' Pirsch said, adding that many victims suppress memories of the abuse until much later in life.

"It's invisible," he said.

Statutes of limitation for child sexual abuse vary widely from state to state. Some have laws that allow the statute of limitations in child sexual abuse cases to "toll" -- or not run -- until the victim reaches a certain age.

According to the National Center for Victims of Crime, several states have statutes of limitation of 20 years or more.

Maryland legislators rejected a measure in 2009 giving child sex abuse victims until age 50 to file against their abusers. The Maryland Catholic Conference, which had been dealing with several cases alleging sexual abuse of children by priests, lobbied against the legislation, claiming it would have discouraged victims to promptly report child abuse.

The Nebraska Supreme Court has said the statue of limitations can also be tolled in cases in which the abuse causes repressed memory to the time the victim "discovers" the abuse -- often after seeking mental health counseling for other problems such as depression or drug and alcohol abuse, which is common among such victims.

Lincoln attorney Herb Friedman, who has tried several such cases, said proving repressed memory is difficult.

"For every psychologist or psychiatrist who says there is such a thing, you've got about half a dozen who say it doesn't exist -- that they knew it all along," Friedman said.

Omaha lawyer Gordon Peterson, who also has handled abuse cases, appeared in support of the bill.

"These are psychic injuries -- they are severe," he said. "They don't show up right away -- I'm talking decades."

Joan Hilman of Omaha, who said she was abused by three different men starting when she was 4 and continuing until she was 12, said she was unable to mentally deal with it until she was an adult, long after the statute of limitations had passed.

"It had taken me years to come to that place,'' she said. "I could not do anything."

Some states, most notably California and Delaware, have passed so-called Window Legislation, which gave victims a time period to file claims otherwise barred by the statute of limitations. California established a one-year window in 2003, which resulted in the filing of nearly 1,000 lawsuits.

Courts have wrestled with the issue.

The Ohio Supreme Court ruled last year that 2006 legislation unambiguously set a 12-year statute of limitations after a victim's 18th birthday to file a lawsuit based on childhood sexual abuse. The law, however, did not allow for tolling in cases of suppressed memory.

"We are cognizant of the proposition that some victims of childhood sexual abuse may not recover their memories of the abuse prior to the expiration of the 12-year statute of limitations, and we are not without compassion for those victims," the court said. "But this court would invade the province of the legislature and violate the separation of powers if it rewrote the statute to include a tolling provision for repressed memory. ... This court will not engage in such a practice and must leave it to the General Assembly to rewrite the statute if it deems it necessary."

According to the group Reforming Statutes of Limitations on Child Sex Abuse, an estimated one in four women and one in five men in the United States were sexually abused as children.


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U.S. clergy abuse survivors group, SNAP, goes global to address worldwide crisis of abuse and cover-up



US clergy abuse lawyer says lawsuits only way to force churches to end secrecy, protect children, compensate survivors



Journal Sentinel - Milwaukee, Wisconsin March 13, 2011

Lawyer states case for clergy sex abuse victims

Anderson calls his effort public, moral imperatives


By Annysa Johnson of the Journal Sentinel



St. Paul, Minn —  Jeff Anderson has heard it all.

He's been called a scourge. A parasite. A media-monger hellbent on bringing down the Catholic Church.

But the Minnesota lawyer who's made a career of suing the most powerful religious institution in the world over its handling of clergy sex abuse cases pays no mind.

"I don't care what people think, and I don't try to control it," said Anderson, the lead attorney in civil fraud cases pending against the Archdiocese of Milwaukee who is now representing those victims in the archdiocese's bankruptcy.

"I'm answering what I believe to be a public imperative - a moral imperative - to make what we have come to know public," he said.

"I make no apologies for this, and I never will. I'm not doing this to promote me. I'm doing this to protect the kids."

Anderson is, by all accounts, the nation's most prolific and successful litigator in sex-abuse cases against the church.

He is responsible for the release of thousands of pages of church documents illuminating the scope of the crisis. And he's pushed in recent years to implicate not just bishops but the Vatican and the pope himself in what Anderson alleges - and the church steadfastly denies - is a global conspiracy to cover up decades of sexual abuse of children.

Though he's yet to win a case in Wisconsin, where the Milwaukee bankruptcy filing has stalled pending lawsuits against it, Anderson and his team of lawyers have scored significant victories elsewhere.

In separate rulings over the last year, federal courts have paved the way for Anderson to sue the Vatican in Oregon, and to use a 200-year-old human-rights law to bring a Mexican abuse case into the U.S. courts - both first-of-their-kind cases.

"He has certainly been the driving force in this large movement," said Jason Berry, a New Orleans writer and practicing Catholic who has documented the crisis since the 1980s and profiles Anderson in his upcoming book, "Render Unto Rome: The Secret Life of Money in the Catholic Church."

"He's a warrior," Berry said of Anderson. "He fights aggressively for his clients and has a very deep passion for people who have been abused."

Critics offer a different view. Bill Donohue of the New York-based Catholic League for Religious and Civil Rights accuses Anderson of waging a vendetta against the church, at the exclusion of other offenders.

Critics also suggest he's in it for the money, or harboring some anti-Christian bias. And they argue that his continued focus on litigation is undermining the good works of the church.

"You have to ask how much litigation is too much, when it diverts so many resources from programs and makes everybody adversaries," said Mark Chopko, a Washington, D.C., attorney and former chief counsel to the U.S. Conference of Catholic Bishops.

Anderson's story

Anderson, 63, is an unlikely millionaire whose own story of failure and redemption - and of abuse in his own family - informs his life and work.

A recovering alcoholic and college dropout who once flunked out of law school (he disliked its "arcane" rules about attendance), Anderson honed his outrage in the civil rights and anti-war movements of the 1960s.

He spent his early career in the Ramsey County public defender's office and built a private practice representing clients at the margins, including many in the African-American community and homosexuals arrested in raids on bathhouses in St. Paul in the 1970s.

His first case against the Catholic Church involved Father Thomas Adamson, a Minnesota priest who was accused of molesting several boys in the 1970s and '80s.

In 1983, almost two decades before the sex abuse crisis would erupt in Boston, John and Janet Riedle walked into Anderson's St. Paul office seeking his advice. The couple had just learned that their adult son, Greg, had been sexually assaulted years earlier by Adamson, who was still in their parish.

Distraught, they said they reported it to then-Bishop Robert Carlson, now archbishop of St. Louis, who told them there wasn't much he could do about it. And days later, they said, they received a $1,600 check in the mail.

"They had the check in their hands and they were crying, saying, 'Mr. Anderson, what should we do?' "

Anderson took their son's case and spent the next few years interviewing witnesses and deposing bishops in two dioceses. When church lawyers offered to settle for $1 million, he said, he was shocked that they would ask for his client's silence with "the usual confidentiality agreement."

"I said, 'Usual? What do you mean usual?' " Anderson said, his voice rising with indignation. "Then I said, 'Wait a minute. You've done this before? How many times?' "

Anderson said he took the offer to Greg Riedle, hoping he'd reject it.

"I started crying, saying Greg, they've done this before and they're going to do it again, and I can't be part of it," said Anderson, who's been known to weep when telling the story, including on this occasion.

He says Riedle told him: "Do what you have to do. But do it quick before I change my mind."

Anderson filed the lawsuit, walked back to his office and called local news outlets, kicking off what would become a media frenzy.

"All of a sudden, more victims of Adamson and other priests started to come forward. It was a tipping point," Anderson said.

"When I went public with it and saw the magnitude of the problem, I realized that this is what I needed to do. It lit me up, and it still does."

Anderson would later come to understand the Riedles' anguish in a more personal way. Fifteen years later, he said, he learned his adult daughter had been molested by a former priest-turned-psychologist she'd seen during her parents' divorce when she was 8.

"Learning about (his daughter) brought me to another layer of understanding of the magnitude of this kind of betrayal," Anderson said. "I've always had a deep connection to the pain of the survivors. . . .  But this brought me even closer in a way that makes me part of who I am."

Questioned beliefs

The Riedle case would shake Anderson's own spiritual foundation.

Raised Lutheran, Anderson had married a Catholic and brought his first three children up in the faith.

He was never truly devout in either. But, as he uncovered the crimes and deceptions in the Adamson case, he began to seriously question his beliefs in organized religion of any kind.

"I went through a crisis of faith . . .  and a period of time in where I would have described myself as an atheist. Looking back, I think I confused faith and religions," he said.

Today, Anderson belongs to Trinity Lutheran Church in Stillwater, Minn., where his second wife and three youngest children are active. He supports it financially, especially its missionary work, but attends only for sacraments or special occasions.

Anderson espouses a deep spirituality, born of his recovery from alcoholism, that draws from Christian, Jewish, Buddhist and other traditions.

"I'm a deist, I believe in a higher power, in God, and it's a very important part of my life," he said.

Anderson's own hardships and journey are part of what draws many victims to him, said Jeffrey Lena, a California attorney who represents the Vatican.

"He has a sort of missionary zeal," he said.

"And on some level he's managed to intertwine a salvation story about his own life with the salvation narratives of survivors of abuse."

Thousands of clients

Since the Riedles' case, Anderson has represented what he says has been thousands of victims across the country, including creditors in several church bankruptcies. He has never, he says, agreed to a confidentiality clause.

Anderson heads an 18-member firm in an ornately appointed historic building in downtown St. Paul, and has opened offices in Milwaukee, Los Angeles and London, where new cases are just beginning to be filed.

Wiry and fit, he's known for his long days and 4 a.m. e-mails, and he's frequently on the road for court appearances or news conferences.

A measure of his prominence, and political contributions, can be found in an out-of-the-way corridor of his two-story offices. There, framed photographs of Anderson and his family with presidents Bill Clinton and Barack Obama share space with legal accolades and a note from then-California Gov. Gray Davis thanking Anderson for his work in helping pass legislation that made it easier for sex abuse victims to bring their cases in court.

Among Anderson's most high-profile clients is Raul Gonzalez, the son of the late Marciel Maciel Degollado, founder of the Legionaries of Christ, who alleges his father sexually abused him, abetted by his order. But he's also known for taking cases other lawyers won't, because they're too expensive to pursue or unlikely to succeed.

"He has spent a great deal of money representing clients whose cases never got into the system," said Berry, who estimates more than a third of Anderson's cases have been lost to lapsed statutes of limitations.

Anderson won't discuss compensation, except to say that contingencies range from 25% to 40% of judgments. He claims not to know how many cases he has pending or how much he's earned for victims over the years, though it's been estimated by some as high as $60 million.

His single largest verdict was $30 million, in the 1998 case of Father Oliver O'Grady, the California priest whose crimes were detailed in the 2006 Academy Award-nominated documentary "Deliver us From Evil." The judgment was later reduced to about $7 million.

Sex abuse victims are notoriously mercurial and difficult to work with, and Anderson's longevity speaks to his commitment, said David Clohessy, executive director of the Chicago-based advocacy group Survivors Network of Those Abused By Priests, which works closely with Anderson.

"If it was about the money, he could have retired 20 years ago," Clohessy said. "Jeff genuinely cares about children, about injustice and about exposing corruption."

'Sees the big picture'

Lawyers who work with him, on both sides of the bar, describe Anderson as tenacious; a visionary; an adroit legal mind who, while bombastic in news conferences, is deferential in court.

"The genius of Jeff is that he sees the big picture, he sees what needs to be done and brings the team together to get it done," said Marci Hamilton, a First Amendment scholar at Cardozo Law School in New York, who's worked with Anderson in Wisconsin and elsewhere.

His persistence has been evident in Wisconsin, where the courts first blocked church cases in 1995 on First Amendment grounds, then opened the door in 2007 for victims who could show they were defrauded.

"He just kept coming, to the side door, the back door, then down the chimney until finally he was able to get a lot of those cases into the courts that might otherwise not have been brought," said Berry.

Some adversaries question his tactics: the frequent press releases and news conferences, the labeling of priests as "pedophiles" before investigations are completed.

"He's never met a mic he didn't like," said Lena, who stressed he was talking only about Vatican cases.

"Jeff has done important work to bring this problem to the attention of the public, but he at times takes exaggerated and outrageous positions," he said.

Critics have long questioned Anderson's financial relationship with SNAP, which collaborates with Anderson - and other attorneys, it points out - on the release of documents and media events. Neither Anderson nor SNAP would say how much he gives.

Anderson rejects the criticism, saying he donates to many child-protection groups and charities, and considers SNAP "one of the most outspoken and powerful voices for survivors."

He denies any anti-Catholic sentiment - he's pursued cases against many denominations, he says. But litigation, Anderson insists, has been the only way to get the church to divulge its secrets and begin to reform itself.

"All I want them to do is clean it up. This isn't about their theology. It isn't about any agenda that was ever anti-Catholic," he said. "It's all about their failures to protect the kids, and their decisions to protect themselves at the great peril of the kids."


This article was found at:



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17 Mar 2011

Man suing Philadelphia archdiocese for neglect and cover-up says priest targeted him in the cradle



Daily Times - Serving Delaware County, Pennsylvania March 17, 2011


Collingdale man sues archdiocese, alleging he was abused by a priest (With Video)


By PATTI MENGERS


Flanked by his family, Frank Finnegan stood outside the offices of the Archdiocese of Philadelphia Wednesday afternoon and revealed what he deemed to be the ultimate betrayal of trust.

“Father Kline, Father John Leo Kline, assaulted me and nine years earlier, assaulted my brother,” said the 49-year-old Collingdale resident.

Wednesday morning, Finnegan took a step toward the justice he had never expected to realize for the abuse he said he suffered at the hands of Kline between the ages of about 7 and 9. A lawsuit was filed on his behalf in the Philadelphia Court of Common Pleas against the Archdiocese of Philadelphia by local attorneys Dan Monahan and Marci Hamilton. They are working in conjunction with Jeff Anderson, an internationally known expert in sexual abuse litigation based in St. Paul, Minn.

Finnegan also made a statement to prosecutors in the Philadelphia District Attorney’s office on Wednesday regarding his alleged abuse by Kline, who died Jan. 5, 1996, while serving as pastor of St. Thomas More Parish in Chester County.

The lawsuit names Philadelphia Archbishop Cardinal Justin Rigali, former Philadelphia Archbishop Cardinal Anthony Bevilacqua, the Rev. Monsignor William Lynn, who as Bevilacqua’s secretary of clergy was responsible for investigating clerical sexual abuse, and Karen Becker, director of the archdiocesan Office of Child and Youth Protection.

The lawsuit charges that instead of protecting archdiocesan children from sexual abuse “by known predator priests,” the defendants “shielded abusive clergy from criminal detection, shielded the archdiocese hierarchy from scandal and shielded the archdiocese from financial liability.”

Officials in the Archdiocese of Philadelphia declined comment on the case Wednesday afternoon.

Finnegan is seeking a settlement in excess of $50,000. In his lawsuit, he maintains as a result of the abuse and the subsequent handling of his case by archdiocesan officials, he has suffered mental, physical and spiritual pain and loss of earnings. He continues to incur expenses for medical and psychological treatment, therapy and counseling.

Finnegan, whose parents, sister, three children and wife of 25 years, Peggy, were with him Wednesday outside the archdiocesan offices, said his reasons for pursuing the lawsuit go beyond monetary compensation.

“I don’t want somebody who is 7 today to be me in 40 years. I don’t want somebody to be covered up and sheltered by the Catholic Church to offend a kid that’s little and take his innocence away and rock his family’s faith and belief in God — not so much in God, but in religion,” said Finnegan.

Every Thursday for 30 years, Kline had dinner with the Finnegan family, which he knew from St. Francis Xavier Parish in Philadelphia where Finnegan’s mother was secretary for 40 years.

“Anybody who knows me and anybody who knows my family and the relationship (Kline) had with my family knows how intimate his relationship was with our family and the trust that was broken and the absolute betrayal that took place,” said Finnegan.

Kline shared Christmas and Easter dinners with Finnegan, his parents and three siblings and vacationed with them on Long Beach Island in New Jersey where some of the abuse allegedly took place. Finnegan said he and his brother, Jack, who is now 58 and living in California, were also abused in the St. Francis Xavier rectory where Kline lived from 1956 until 1981 while teaching at Roman Catholic High School.

“It just shakes my family to the core,” he said.

Finnegan noted that he contacted the archdiocese’s Office of Child and Youth Protection and spoke with a victim assistance coordinator about three years ago when he first experienced flashbacks of the alleged abuse by Kline.

“I wanted his name on the record as somebody who was an offender. I wanted it on the record that he did this to me,” said Finnegan, who knew criminal prosecution wasn’t an option because Kline is dead.

Finnegan said a woman from the archdiocese called him back and asked him if he would speak to an archdiocesan investigator. Finnegan, said he initially consented, but had second thoughts, called back the woman and declined.

“It didn’t feel right. I had no legal protection,” said Finnegan who noted that was the last he heard from the archdiocese.

He said in 2004, his brother, Jack, filed an abuse complaint about Kline with archdiocesan officials who have since been covering the cost of counseling and that, up until last year, had been providing his brother with financial assistance. Jack has not yet filed a lawsuit.

“We have spoken to his brother. He has trouble traveling because of his psychological condition resulting from the abuse,” said Monahan, who is a former Media resident and Villanova University Law School graduate now living in Chester County.

Frank Finnegan said he was inspired to pursue a lawsuit when he heard Hamilton, who is based in Bucks County and is a law professor at Yeshiva University in New York, telling his brother’s story on a radio talk show. She is author of “Justice Denied: What America Must Do to Protect Its Children.” [see the Books page on this blog]

Monahan said Finnegan’s lawsuit focuses on the abuse he allegedly suffered in New Jersey where the statute of limitations for lawsuits is more liberal than Pennsylvania’s because it is based on the time the injury is discovered.

The lawsuit maintains that victim assistance coordinators discouraged victims from reporting abuse to law enforcement authorities and that the defendants maintained “secret archive files” of alleged abuse of minors by priests that were withheld from law enforcement authorities.

The lawsuit makes reference to the recent Philadelphia grand jury investigation that resulted in the Feb. 10 arrest of two priests, one former priest and one Catholic school lay teacher for allegedly sexually abusing boys in the archdiocese. Lynn was also arrested in connection with the abuse because he was responsible for investigating allegations of clerical sexual abuse.

A mailman for 17 years, Finnegan said all of his life he has had feelings of doubt and unexplained bouts of insecurity and panic. In the last six months, he has experienced sleepless nights.

Finnegan said he has coped by burying himself in volunteer activities for his children, including Francis Jr., age 23, Mary Kate, 21 and AJ, 17. He has served as president and vice president of the parents’ organization at Academy Park High School in Sharon Hill where they all have been involved in theatrical productions.

“I have three great kids, a wonderful wife and my in-laws are great people,” noted Finnegan.

He worries about his brother out in California.

“My family is my therapy. I have people all around me who love me. Jack is out there on his own,” said Finnegan.

He remembers how he and his brother dutifully served the Catholic Church as children.

“My brother was an altar boy. I was a choir boy,” said Finnegan, who also played clarinet in the high school band Kline directed.

According to a published obituary, Kline died at the age of 73 in January 1996 after open heart surgery at Hahnemann University Hospital in Philadelphia. At the time, he was pastor of St. Thomas More Parish in Chester County, where he had been assigned in 1982. Ordained in 1949, Kline taught biology and art and directed the marching band at Roman Catholic High School in Philadelphia from September 1952 until June 1981.

In addition to St. Francis Xavier Parish, where he resided for almost 25 years, Kline lived at St. Timothy and St. Athanasius parishes, both in Philadelphia and was assistant pastor at Sacred Heart of Jesus Parish in Lehigh County and Our Mother of Mercy and St. Dominic parishes, both in Philadelphia.

“He identified me in the cradle,” said Finnegan. “He targeted me.”




This article was found at:


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Carroll County Times  -  Maryland   March 19, 2011

Alleged abuse victim files suit

by Associated Press



PHILADELPHIA - A third man has filed a civil lawsuit charging that officials from the Archdiocese of Philadelphia covered up sexual assault allegations against a priest who molested him.

The lawsuit filed Wednesday in the city's Court of Common Pleas says the man was assaulted as a boy by a priest from St. Francis Xavier parish and Roman Catholic High School in Philadelphia.


Francis Finnegan, 49, said he was molested by the Rev. John Kline at the age of 7, when the priest accompanied his family on a trip to the New Jersey shore in 1968 or 1969. He said he had repressed the traumatic event and only began to remember the abuse three years ago.

"He had dinner at our house every Thursday night for 30 years," Finnegan said, adding that his mother was Kline's longtime parish secretary. "He betrayed us on a level that's hard to imagine."

The Associated Press generally does not identify people alleging sexual abuse. But Finnegan said he wanted his name printed in an effort to support other victims and push for change.

"I don't want somebody who's 7 today to be me in 40 years," he said. There are families who "don't know monsters live among them" because the archdiocese has shielded pedophiles, he said.

Finnegan, a postal carrier who lives in suburban Delaware County, was surrounded by his wife and three children as he spoke at a news conference in front of the archdiocese headquarters in downtown Philadelphia. He said his brother, Jack Finnegan, 58, who lives in California, was also abused by Kline in the 1960s and wanted his name made public, too.

Kline, who died in 1996 at age 73, was considered a member of the family, performing family weddings and baptisms, accompanying them on family trips and saying Mass in their home, Finnegan said.

The lawsuit says archdiocese officials put Finnegan in harm's way when they concealed knowledge of earlier abuse allegations against Kline, who is not among the priests identified as suspected pedophiles in a grand jury report released last month.

"I wanted his name on the record as someone who was an offender," Finnegan said of his lawsuit.

A spokeswoman for the archdiocese did not immediately return a call seeking comment.

Finnegan also contends victim advocates employed by the archdiocese in recent years aim to protect the church, not victims.

It is the third such lawsuit since last month's grand jury report led to criminal charges against three priests and a high-ranking archdiocese official charged with failing to protect children from predator priests. The grand jury report has emboldened victims to come forward but is not directly related to the recent civil suits, their attorneys have said.

This article was found at:

http://www.carrollcountytimes.com/features/religion/alleged-abuse-victim-files-suit/article_17043640-522b-11e0-bbd0-001cc4c03286.html



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