www.CharlesJeromeWare.com
"Documents show Milwaukee archdiocese shielded pedophile priests"
[usnews.nbcnews.com/07-02-2013]
Roman Catholic Church officials in Milwaukee vigorously shielded pedophile priests and protected church funds from lawsuits during a decades-long sex abuse scandal, according to hundreds of newly released documents.
The documents include letters and deposition testimony from Cardinal and Archbishop of New York Timothy Dolan who, during his time as archbishop of Milwaukee from 2002 to 2009, appealed to Vatican on numerous occasions to help address the ongoing fallout from the scandal.
The 6,000 pages of documents related to eight decades of abuse cases showed in great detail the Milwaukee archdiocese regularly reassigned priests who were accused of sexual molestation to new parishes and Dolan himself asking the Vatican permission to transfer $57 million to a trust fund to protect it against court action.
In 2011, the Milwaukee archdiocese filed for Chapter 11 bankruptcy protection, citing the financial drain of settling sexual-abuse claims and acknowledging missteps by the church in dealing with pedophile priests.
The judge overseeing the archdiocese's bankruptcy ordered the documents to be released.
The Roman Catholic Church has been hit with a series of abuse accusations and scandals during the past two decades, in the United States and elsewhere. The scandals have cost the U.S. church about $3 billion in settlements and driven prominent dioceses such as the one in Milwaukee, into bankruptcy.
One document is a letter that Dolan sent to the Vatican in June 2007 requesting permission to move $57 million into a cemetery trust fund in order to protect the funds from "any legal claim and liability." The Vatican approved the transfer a month later, according to the documents.
During a news conference on Monday, Jeff Anderson, an attorney representing more than 500 abuse victims, said the money was to be used to "pay off some of the offenders to quietly go away."
Dolan disagreed with the characterization of the fund in a statement released on Monday. He said it was a "perpetual care fund" from for cemeteries, not an attempt to shield money from bankruptcy.
Milwaukee is the eighth American diocese to declare bankruptcy, with the first three filed in 2004 in Portland, Oregon; Tucson, Arizona; and Spokane, Washington.
The documents also showed that when Dolan, the president of the U.S. Conference of Catholic Bishops and the nation's most prominent Roman Catholic official, asked the Vatican to remove priests, it was slow to respond.
In September 2003, Dolan informed the Vatican of abuse by Reverend John O'Brien, who sent a resignation letter to Pope John Paul II a month before, according to the documents.
In November 2003, when he had received no response, records show that Dolan followed up with more two accounts of abuse on the part of O'Brien, according to a document.
It was not until April 2009, that O'Brien was removed from the priesthood.
Documents also show the Milwaukee archdiocese transferring pedophile priests instead of removing them from the church.
In one such case, Reverend Raymond Adamsky received counseling and was transferred to 11 parishes in 34 years before being sent to serve as nursing home chaplain with restrictions on contact with minors, after he was accused of molestation in 1961 and then again in 1983, the documents show.
The documents also detail the Milwaukee archdiocese, on a regular basis, requested priests accused of abuse be laicized, a process in which they are stripped of their powers and duties.
As part of their laicization, priests such as O'Brien were paid $10,000 to start the process and $10,000 during the process and, in some cases, $1,250 per month for health and dental insurance, according to the documents. (Reporting by Brendan O'Brien and Geoffrey Davidian; Editing by Mary Wisniewski, Greg McCune and Lisa Shumaker)
Attorney Charles Jerome Ware is a premier Clergy abuse attorney in the Maryland and Washington, D.C. area. He and his national law firm (Charles Jerome Ware, P.A., Attorneys and Counsellors) are well-experienced and highly regarded for their successful advocacy for child and adult victims of sexual, emotional and physical abuse by priests, ministers, pastors, imams and rabbis.
Attorney Ware can be reached by
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Clergy sexual abuse is
not exclusively a Catholic Church problem. It is a problem that occurs in all religions and faiths.
There are some studies which state that 10 to 20 percent of all clergy --- including priests, ministers, pastors, imams and rabbis --- have had sexual contacts and involvements with their parishioners, followers, and members.
MARYLAND Statute of Limitations for Clergy and Sex Abuse Civil Cases:
- Maryland Statute of limitations state that child sex abuse cases may be filed up to 7 years after the victim’s 18th birthday [MD. CODE ANN., CTS. & JUD. PROC. § 5-117 (2008)]. Lesser suits based on injuries that are caused by sexual violations of a minor which does not constitute sexual abuse have a Statute of Limitations of 3 years; and potentially until 3 years after the victim’s 18th birthday [See id. § 5-101. Id. § 5-201].
- Maryland Courts have not extended the common law discovery rule in regards to child sexual abuse violations [see, e.g., Doe v. Archdiocese of Washington, 689 A.2d 634 (Md. Ct. Spec. App. 1997)].
- As of October 1, 2003, there is no retroactivity. 2003 Md. Laws 360, sec 2.
MARYLAND Statute of Limitations (SOL) in Criminal Cases for Clergy and Sexual Abuse:
There is no Statute of Limitations (SOL) for Felony clergy and sexual abuse cases.
There is no Statute of Limitations in Maryland for felony sex abuse offenses
[see Clark v. State, 744 A.2d 113, n.8 (Md. 2001)]. There is a liberal classification in Maryland of sex abuse offenses [MD. CODE ANN., CRIM. LAW §§ 3-301 to -324 (2008)]. Misdemeanors sex abuse offense can be prosecuted within a year of the offense [MD. CODE ANN., CTS. & JUD. PROC. § 5-106 (2008)].
DISTRICT OF COLUMBIA (DC) Statute of Limitations for Sexual Abuse Civil Cases:
- There is a delayed Statute of Limitations of 3 years after your 18th birthday for filing sexual abuse cases [D.C. Code § 12-301].
- “…the statute of limitations begins… when a plaintiff either has actual knowledge of a cause of action or is charged with knowledge of that cause of action.” [Cevenini v. Archbishop of Washington, 707 A.2d 768 (D.C. 1998)].
DISTRICT OF COLUMBIA (DC) Statute of Limitations for Sexual Abuse Criminal Cases:
- Depending on individual circumstance, 1st and 2nd degree sexual abuse committed on a minor may be prosecuted up to 15 years after the offense has been committed [D.C. Code § 23-113(a)(2)].
- There is a delayed toll for minors of 10 to 15 years after the victim’s 21st birthday, contingent upon the offense [D.C. Code § 23-113(d)].
Experts from many religious institutions and faiths report on the extensive harm caused to both children and adults because of the impact of sexual boundary violations by ministers, pastors, priests, rabbis, imams and other clergy.
The law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, knows that victims of clergy abuse need therapy and other treatment to reclaim their lives. We will do all that we can to help victims of this tragedy. Call us at (410) 720-6129 or (410) 730-5016.
Victims do not need to suffer in silence.
[forum.chnetwork.org/ "It Ain't Just Catholic Priests"; www.clergyabuse.org/states-served/ "Clergy Abuse in Washington, D.C."; "Sex Abuse by Clerics - A Crisis of Many Faiths",
Los Angeles Times, Teresa Watanbe, March 25, 2003; "Theme: Clergy Sexual Abuse,"
The Lutheran, June 2002; "Why Do We Cover This?", Marvin Olasky (cover story),
Wolrd Magazine, March 30, 2002; "rabbi's Odyssey Reflects Struggle on Sexual Abuse: Jews Begin to Confront Silence That Hid Clergy's Misdeeds", Alan Cooperman,
Washington Post, Sunday, February 2, 2003, p. A17; www.adultsabusedbyclergy.org/ "Misconduct by Ministers, Priests, Rabbis and Other Clergy]
