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	LI Catholic Church Faces Sex Abuse Lawsuit By Frank Eltman Newsday [New York] April 13, 2007 http://www.newsday.com/news/local/wire/ny-bc-ny--churchabuselawsui0413apr13,0,3650772.story Mineola, N.Y. — The nation's sixth-largest Roman Catholic diocese is headed to trial next week in a $150 million lawsuit related to a youth minister who raped and sodomized teenagers _ part of a wave of lawsuits against churches nationwide since the sex abuse scandal broke five years ago. But this case is unique, despite its familiar scenario of youths abused by religious leaders: It could be one of the few decided by a jury, rather than a quiet, out-of-court settlement. The U.S. Conference of Bishops estimates abuse-related costs from lawsuits have exceeded $1.5 billion, the majority out-of-court settlements. Many of the alleged acts took place long before statutes of limitations expired. On Long Island, a grand jury found nearly two dozen cases of abuse going back decades in the Diocese of Rockville Centre, the nation's sixth largest with 1.3 million Catholics in 134 parishes. "It is rare" for such cases to go to a jury, said Steve Rubino, a New Jersey lawyer who has handled hundreds of other church sex abuse cases. He cited a variety of factors favoring a settlement, including the desire to prevent details of the alleged abuse from going public. "There is a tendency not to want to run that risk," said Rubino. The Long Island accusations involve Matthew Maiello, who pleaded guilty to rape and sodomy in 2003 and served more than two years in prison. Although named as a defendant, Maiello's attorney, Lawrence Carra, said at the start of jury selection this week that his client would not contest the allegations in the lawsuit and would abide by any verdict. The real focus is St. Raphael's Church in East Meadow, its pastor, the Rev. Thomas Haggerty, and the Diocese of Rockville Centre. "This is about who let the lions loose," said attorney Michael Dowd, who represents two plaintiffs. The pair _ a man and a woman _ claimed that as teenagers, they were repeatedly molested by Maiello, and that church officials failed to act when confronted by reports that the youth minister was acting inappropriately. "Our allegations are that the church was not only negligent but reckless in its handling of the employment of Maiello," said Dowd. "There were warning signs ... that weren't dealt with at all by the pastor." Concerns about Maiello's activities were raised at a December 1999 meeting with Haggerty, but the matter was dropped and no action taken, the lawsuit contends. Brian Davey, an attorney representing the pastor, the parish and the diocese, declined to comment on the lawsuit. "We don't try our cases in the newspaper," he said. "We try in them in the courtroom." Diocesan spokesman Sean Dolan did not return a telephone call seeking comment. Dowd said he intends to show videos that Maiello took of his clients having sex with each other and with him. His clients _ both 15 when the abuse began _ have not been identified by The Associated Press because they are victims of sexual assault. "He groomed a girl first," Dowd said, then began having sex with her in July 1999 _ when he was 26. Their encounters took place in Maiello's office, the children's choir room, the principal's office at the parish elementary school and in the backstage of the auditorium where the youth group gave musical performances, according to the lawsuit. He later turned his attentions to a young boy, said Dowd. "In the weeks and months following, Maiello, through the use of intimidation, seduction and the control he exercised over (the victims), by virtue of his status as a youth minister, engaged in acts of sexual abuse with both," the lawsuit said. Dowd's lawsuit also contends church leaders did little to educate themselves about the risks of possible sexual exploitation of children ahead of Maiello's guilty plea. A Suffolk County grand jury report in early 2003 cited abuse cases involving 23 priests in the Rockville Centre diocese over several decades. The allegations included altar boys being groped and sodomized during church trips, overnights at priests' homes, and many other instances when children were left alone with their abusers. Priests also allegedly showed pornography to youngsters and served them alcohol. The diocese's response was to transfer priests between parishes and to bury details of the abuse, the grand jury said. "Although there was a written policy that set a pastoral tone, it was a sham," the grand jury found. "The diocese failed to follow the policy from its inception, even at its most rudimentary level." Prosecutors said they were prevented from pursuing criminal charges because statutes of limitations had expired long ago. Civil lawsuits were dismissed, or never filed, for the same reason, according to victims advocates. Bishop William Murphy, who came to Long Island in the fall of 2001, was named as a plaintiff in the lawsuit. But state Supreme Court Justice Bruce Cozzens said in a pretrial ruling he is not liable because the abuse predated Murphy's arrival in Rockville Centre. Murphy, who has repeatedly promised to refer any new allegations of sex abuse to law enforcement, also was linked to the priest abuse scandal in Boston, where he served as an aide to Cardinal Bernard Law. Law was forced to resign and Murphy was subpoenaed to testify before a grand jury examining the Massachusetts scandals; he was never charged. Opening statements are expected Monday in the trial, which attorneys said could last three to four weeks.
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