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	Gozitan Priest to Be Called to Miami to Give Testimony Malta Independent October 29, 2006 http://www.independent.com.mt/news.asp?newsitemid=41134 The Gozitan priest embroiled in accusations of sexual abuse involving underage boys will be called to Miami to give testimony in court, once the case goes to trial. Speaking to The Malta Independent on Sunday, the legal team representing an unnamed 41-year-old man who has filed a $10 million civil lawsuit against the Miami Archdiocese has confirmed its intentions to call Fr Mercieca to the witness stand. The lawsuit charges the Miami Archdiocese with negligence in allowing Fr Mercieca to have had "unfettered" contact with young boys despite having a "history of sexual perversity and inappropriate contact with children". The lawsuit, filed in the Miami civil courts, claims Fr Mercieca lured the plaintiff, when he was a 12- to 13-year-old altar boy, to the top of the church's bell tower and performed oral sex on him despite protestations from the boy. The lawsuit also alleges the Miami Archdiocese had previous knowledge that Fr Mercieca had sexually abused other boys before and within the timeframe it is claimed that he abused the plaintiff. It also alleges that the Miami Archdiocese destroyed a number of incriminating documents and files with the intention of concealing the sexual abuse of minors by Mercieca and other priests. Speaking to The Malta Independent on Sunday yesterday, Fr Mercieca's lawyer Alfred Grech described the second allegation against his client as having been "made up" and that the Miami Archdiocese, following a previous allegation by disgraced American congressman Mark Foley, had "courted disaster" when it "gave an open invitation to any crook to come forward" with their claims of sexual abuse by Fr Mercieca. He added that the fact that the lawsuit is in the so-called discovery stage means that the plaintiff's lawyer does not have any evidence, but is simply looking for evidence. He described the case as being "garbled" in many respects, not least of which was the fact that plaintiff has not been identified. "This is one aspect of the crazy situation of the American legal system, where a person is allowed to file a lawsuit without identifying himself," Dr Grech added. The plaintiff is only being identified as John Doe No. 26 on the basis that the alleged victim was a minor in 1978, when the incident is claimed to have taken place. But Dr Grech questions the reasoning behind the anonymity since the plaintiff is no longer a minor. The lawsuit has been filed in the Circuit Court of the 11th Judicial Circuit for Miami-Dade County, where Fr Mercieca is expected to appear to answer to the allegations in what promises to be a highly-publicised case. And given the fact that Fr Mercieca will be considered a prime witness, it is unlikely that an affidavit from Fr Mercieca from Malta will suffice. Asked if his client would be willing to testify before the Miami courts if called to do so, Dr Grech confirmed that "if subpoenaed, he would have to go but that would also depend on the legal technicalities of the subpoena. We would have to cross that bridge when we come to it". Asked how his client is holding out under a continued barrage from the press and being in the international spotlight, Dr Grech says, "I have found him to be much stronger than I would have thought." In a press statement issued on Friday, Dr Grech aggressively denied the accusations levelled against his client by his second accuser. Likening the allegations to character assassination, the lawyer stressed that his client "emphatically denies the accusation made against him" and said the allegations were "at best a figment of the imagination and at worst a malicious fabrication". This week's allegation is the second such accusation against Fr Mercieca, who earlier this month admitted to having had inappropriate relations with the now disgraced American republican congressman Mark Foley when he was a young boy. Mr Foley has confirmed he has no intention of filing charges against Fr Mercieca. Fr Mercieca has admitted having had inappropriate relations with Mr Foley including giving massages to the boy in the nude in saunas, being nude together in the same room on overnight trips and skinny-dipping. On one occasion Fr Mercieca said he had taken so many of the pills he was prescribed for a nervous breakdown, mixed with alcohol, that he can't remember if they had had actual sexual relations or not. Upon Fr Mercieca's admission, the Miami Archdiocese, whose authority he still falls under, barred him from celebrating Mass, administering the sacraments and wearing priestly clothes. Up to then, Fr Mercieca, despite being retired, celebrated Mass regularly in Victoria, Gozo. Dr Grech's statement stressed how his client "believes that nothing that happened between him and Mark Foley, some 40 years ago, could provide solid grounds for legal action against him". Speaking to The Malta Independent on Sunday, the plaintiff's lawyer, Jeffrey Herman, who has had several successes in the United States in similar cases, confirmed that although the incident is alleged to have taken place over 25 years ago, since the case is of a civil, and not criminal, nature there is a legal mechanism available in the United States that would allow his client to circumvent the issue. Dr Grech, however, clearly intends challenging any such mechanism removing the statute of limitations as regards the lawsuit. Mr Herman has also confirmed his client will be requesting in excess of USD10 million in damages, but that a jury would at the end of the day decide on the appropriate compensatory damages. The $10m complaint against Fr Mercieca In the complaint filed in the Miami courts on Wednesday, it was related how the plaintiff's family were devout Catholics and that the alleged victim had become an altar boy at the age of 10, when he was befriended and groomed by Mercieca, whom he and the others boys called 'Father Tony'. The complaint continues, "When John was 12 to 13 years old, he rode his bicycle to St James on Saturday for altar boy practice. After practice, Father 'Tony' asked John if he would like to go on a bike ride with him. They rode their bicycles around the neighbourhood of the church. As they returned to the church, their conversation turned to the bell tower of the church; John asked if there were actual bells in the tower. "Mercieca invited John to the top of the bell tower to show him what was there. When they reached the bell tower, John sat down. Father Mercieca came over and touched John's penis over his shorts, whereupon John pushed Mercieca's hand away. Father Mercieca persisted and unzipped John's shorts, at which time he fondled John and performed oral sex on him. Afterward, Mercieca instructed John not to tell anyone what he had done." The victim's statement In a statement made by John Doe No. 26, which has been made available to this newspaper, the alleged victim explains, "I am one of Father Tony's victims. It happened when I was an altar boy for St James church. Many years have passed and I thought I could put it away in the back of my head and forget it. "But, when I saw his picture last Friday, all of my nightmares came back. I feel so bad that there are more victims out there that have had the same thing done to them. Every time I would hear the news about a priest abusing a child, I hoped it was not another victim of Father Tony. I would take a deep breath of release and keep on with my life. This time, I could not be quiet because when I saw the picture, it was the priest who abused me and I knew I had to come out and tell my story." Miami Archdiocese 'conceals abuse' The lawsuit filed against the Miami Archdiocese also alleges Fr Mercieca had sexually abused other boys before and during the time he abused the plaintiff and that the Archdiocese knew or should have known he was sexually abusing boys and took no action to protect the plaintiff. The complaint also alleges the Archdiocese "at all relevant times had knowledge of Mercieca's history of sexual perversity and inappropriate contact with children" and that after finding out about the abuse "took active steps to conceal the abuse". Despite its knowledge, the complaint adds, the Archdiocese took no action against Mercieca and continued to give him "unfettered access to young boys". It is also claimed officers and agents of the Archdiocese "destroyed incriminating documents and files intending to conceal the sexual abuse of priests known to abuse minors, including Mercieca". Fr Mercieca's conduct was described as outrageous and as going beyond all bounds of decency and that the plaintiff had suffered severe emotional distress as a result of such conduct. The Miami Archdiocese, the complaint alleges, breached its duties to safeguard children under its care by "failing to protect John from sexual assault and lewd and lascivious acts committed by Mercieca" and that as a result of the Archdiocese's negligence on the matter "John suffered severe and permanent psychological, emotional and physical injuries, shame, humiliation and the inability to lead a normal life".
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