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More Victims May Be a Part of S.C. Church Sex Abuse Associated Press, carried in WSOC August 20, 2007 http://www.wsoctv.com/news/13934040/detail.html St. George, S.C. — As many as 80 people may now be a part of a $12 million class-action settlement with the Roman Catholic Diocese of Charleston, an attorney for the victims said Monday. Twenty more possible victims were found during a review of diocesan records in recent months, said attorney Larry Richter, who represents victims in the settlement. During a March hearing, attorneys had identified 53 people who may be a part of the settlement, but now that number is closer to 80, Richter told The Associated Press. An exact number of victims covered by the settlement won't be known until the deadline for filing claims ends in four months. Potential victims and their relatives could begin making claims Aug. 9, he said. Circuit Judge Diane Schafer Goodstein gave final approval to the settlement July 30 and called it "fair, reasonable and adequate," according to court documents. Peter Shaid, an attorney for the diocese, said that the 20 new cases found from diocesan files were those the diocese could not verify had been reported to law enforcement. They all dated from before 1994 when the diocese started its formal policy for dealing with allegations of abuse, he said. Four of the cases involved children whose parents did not want a formal report about the abuse, but instead wanted the priest to resign, which happened, officials said. Shaid said most of the others were adults and "their cases were addressed in some fashion or another. Some of them just came forward and said they wanted the priest to resign." Only 16 of the possible victims found in the files could be located. Under the settlement, abuse victims could get anywhere from $10,000 to $200,000 while spouses and parents would receive $20,000. Since 1950, the statewide diocese has settled about 50 other sexual abuse claims for roughly $3 million. Those claims involved 28 clergy members or other diocesan employees and are not part of the new settlement. The church has put $4.5 million in an escrow fund although the judge has ordered the money not to be released until legal questions about an appeal are resolved. Attorney Gregg Meyers, who represents 14 other abuse victims, has objected to the settlement because, among other things, it excludes those whose claims have already been settled or otherwise gone to court. But Goodstein wrote in her order that including those who have unsuccessfully sued in the past "would have the traditional basis of court rules, not to mention due process, turned upside down." Myers also wants damage claims based on psychological injuries. But the judge wrote it would be "difficult, if not impossible" to base claims on psychological damage alone. "Psychological damages almost always have a degree of variance and uncertainty, none of which can be tied directly to the acts of an agent or employee of the diocese." Shaid said the judge has ordered a temporary hold on the money until the appeal issues are resolved. "If the July 30 order is reversed or vacated, then the money is gone," he said. "We all want the process to begin, but now we're in a holding pattern." In a court motion, Richter argued allowing someone who is not a party to the settlement object serves to "undermine the public policy of encouraging the efficient resolution of disputes through settlement." |
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