By Bruce Lambert
New York Times
April 17, 2007
http://www.nytimes.com/2007/04/17/nyregion/17diocese.html?_r=1&oref=slogin
Garden City, N.Y., April 16 — As a civil trial over sexual abuse at a Roman Catholic church began on Monday, the lawyer for the two victims who filed the lawsuit accused the pastor of neglecting background checks in hiring the youth ministry director who committed the abuse.
The employee, Matthew Maiello, later served two years in prison for the statutory rape of the two victims and two other teenagers from the parish.
"Who let the beast loose to run free through the flock of Father Thomas Haggerty, picking his victims at will?" the lawyer, Michael G. Dowd, said in his opening statement in State Supreme Court here, referring to the pastor, whom he later called as his first witness.
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| The Rev. Thomas Haggerty outside the courtroom on Monday. Photo by Kirk Condyles |
Brian R. Davey, the lawyer defending Father Haggerty; the parish, St. Raphael's Roman Catholic Church of East Meadow; and the Diocese of Rockville Centre, said neither the pastor nor the church was responsible for Mr. Maiello's conduct. Mr. Maiello, 33, is also a defendant, but he is not contesting the lawsuit and did not have a lawyer make a statement.
Mr. Dowd said the defendants, "through their carelessness, negligence and recklessness," had failed to safeguard the youths entrusted to their care. But Mr. Davey, in his opening statement, said, "Father Tom did not know that Matthew Maiello was a criminal."
Mr. Davey also disputed the claims of the plaintiffs — a man and a woman who are now in their early 20s — that they suffered post-traumatic stress disorder and other psychological scars from the abuses, which started when they were 15 and lasted three years.
"Anybody can say, 'I have nightmares, I'm depressed, I'm in fear for my life,' " he said, promising to share evidence that the plaintiffs had rebounded and "flourished" in their schools, jobs and community activities.
The young man who is suing won promotions in his workplace and in his volunteer work for a local fire department, Mr. Davey said, and the young woman made dean's list, earned a perfect 4.0 average and was elected class president at college.
On the stand, Father Haggerty acknowledged that when he hired Mr. Maiello, he did not verify Mr. Maiello's claim of being near completion of a college degree, which was false. Mr. Dowd noted that Mr. Maiello's Molloy College transcript showed he had failed some courses, including Bible, "but got an A in the psychology of women, one of his few A's." Father Haggerty testified that had he seen that record earlier, he would not have hired Mr. Maiello.
Though Mr. Maiello's résumé emphasized his youth work at St. Edward the Confessor Church in Syosset, Father Haggerty conceded that the pastor there said he did not remember Mr. Maiello. He also acknowledged that Mr. Maiello had no special training in music or liturgy.
What Mr. Maiello had going for him, Father Haggerty said, was several months as the director of the rock music Mass at St. Raphael's, "a very good voice" and popularity with the parishioners. Father Haggerty said he had also relied on recommendations from another priest at St. Raphael's who had recruited Mr. Maiello for the rock Mass, and from a priest at a Catholic high school.
Mr. Dowd also accused Father Haggerty of failing to supervise Mr. Maiello, ignoring complaints from parishioners about his conduct and ignoring "bizarre" behavior, like his claiming to have a series of terminal illnesses. But Mr. Davey contended that Father Haggerty was given "no specific information" that Mr. Maiello was committing crimes.
Mr. Dowd said that Mr. Maiello was given an office in a "remote" part of the convent that Father Haggerty "never once" visited. One victim "lost her virginity in the basement of the convent of St. Raphael's," he said, adding that other sexual encounters occurred on the principal's desk, in the auditorium, behind the stage curtain, under the stairs, in the church basement and in the pews.
Father Haggerty is scheduled to return to the witness stand on Tuesday.The employee, Matthew Maiello, later served two years in prison for the statutory rape of the two victims and two other teenagers from the parish.
"Who let the beast loose to run free through the flock of Father Thomas Haggerty, picking his victims at will?" the lawyer, Michael G. Dowd, said in his opening statement in State Supreme Court here, referring to the pastor, whom he later called as his first witness.
Brian R. Davey, the lawyer defending Father Haggerty; the parish, St. Raphael's Roman Catholic Church of East Meadow; and the Diocese of Rockville Centre, said neither the pastor nor the church was responsible for Mr. Maiello's conduct. Mr. Maiello, 33, is also a defendant, but he is not contesting the lawsuit and did not have a lawyer make a statement.
Mr. Dowd said the defendants, "through their carelessness, negligence and recklessness," had failed to safeguard the youths entrusted to their care. But Mr. Davey, in his opening statement, said, "Father Tom did not know that Matthew Maiello was a criminal."
Mr. Davey also disputed the claims of the plaintiffs — a man and a woman who are now in their early 20s — that they suffered post-traumatic stress disorder and other psychological scars from the abuses, which started when they were 15 and lasted three years.
"Anybody can say, 'I have nightmares, I'm depressed, I'm in fear for my life,' " he said, promising to share evidence that the plaintiffs had rebounded and "flourished" in their schools, jobs and community activities.
The young man who is suing won promotions in his workplace and in his volunteer work for a local fire department, Mr. Davey said, and the young woman made dean's list, earned a perfect 4.0 average and was elected class president at college.
On the stand, Father Haggerty acknowledged that when he hired Mr. Maiello, he did not verify Mr. Maiello's claim of being near completion of a college degree, which was false. Mr. Dowd noted that Mr. Maiello's Molloy College transcript showed he had failed some courses, including Bible, "but got an A in the psychology of women, one of his few A's." Father Haggerty testified that had he seen that record earlier, he would not have hired Mr. Maiello.
Though Mr. Maiello's résumé emphasized his youth work at St. Edward the Confessor Church in Syosset, Father Haggerty conceded that the pastor there said he did not remember Mr. Maiello. He also acknowledged that Mr. Maiello had no special training in music or liturgy.
What Mr. Maiello had going for him, Father Haggerty said, was several months as the director of the rock music Mass at St. Raphael's, "a very good voice" and popularity with the parishioners. Father Haggerty said he had also relied on recommendations from another priest at St. Raphael's who had recruited Mr. Maiello for the rock Mass, and from a priest at a Catholic high school.
Mr. Dowd also accused Father Haggerty of failing to supervise Mr. Maiello, ignoring complaints from parishioners about his conduct and ignoring "bizarre" behavior, like his claiming to have a series of terminal illnesses. But Mr. Davey contended that Father Haggerty was given "no specific information" that Mr. Maiello was committing crimes.
Mr. Dowd said that Mr. Maiello was given an office in a "remote" part of the convent that Father Haggerty "never once" visited. One victim "lost her virginity in the basement of the convent of St. Raphael's," he said, adding that other sexual encounters occurred on the principal's desk, in the auditorium, behind the stage curtain, under the stairs, in the church basement and in the pews.
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