Man Suing Diocese Says Psychological Damage Caused Him to Lose Earning Capacity
By Terrie Morgan-Besecker
Times Leader
October 24, 2007
http://www.timesleader.com/news/20071024_24liberatore_tmb_ART.html
SCRANTON – A man who sued the Diocese of Scranton for sexual abuse perpetrated against him by the Rev. Albert M. Liberatore lost $1.4 million to $8.1 million in earning capacity due to psychological damage caused by the abuse, attorneys for the man say in court papers.
The estimate, prepared by an expert hired by the victim, is in stark contrast to the estimate prepared by an expert for the diocese, who pegged the man's loss at zero to $78,000.
The issue is one of several key areas of contention that remain as the nearly 3-year-old case prepares to go to trial in federal court next month.
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The plaintiff, identified in court documents as John Doe, filed suit in 2004, alleged Liberatore sexually molested him while he was an altar boy at a Luzerne County church. The suit also alleged church officials knew Liberatore had a history of sexual misconduct and failed to protect the boy.
Liberatore, who has since been removed from the priesthood, was sentenced to five years probation after pleading guilty in 2005 to molesting the youth.
In a pre-trial memorandum filed Monday, Daniel Brier, one of Doe's attorneys, said he may call up to 51 witnesses at the trial, which he expects to last 10 to 14 days.
Brier has asked a judge to hold two separate trials: The first would determine if the diocese was negligent for failing to protect Doe. If he prevails in that trial, a second trial would be held to determine punitive damages.
In the pre-trial memo, Brier said his client suffers from depression and post-traumatic stress that has seriously impacted his ability to function and work.
Dr. Andrew Verzilli, a forensic economist, determined Doe's mental disorder caused him to lose $1.4 million to $8.1 million in earning capacity, the motion says. The motion does not explain why there is such a wide range in the figures.
The diocese, in its pre-trial memorandum, disputes that Doe suffers from any mental disorder and blames his lack of earning capacity on his "excessive, chronic use of alcohol and illegal drugs."
The filings are the latest in a series of legal motions attorneys have filed in the hotly contested case.
In September, Brier filed a motion seeking to preclude the diocese and Liberatore from raising questions regarding his client's background and sexual orientation. Brier said the questions are irrelevant and clearly meant to "put the victim on trial."
The motion was based on "scandalous and impertinent" questions Brier said attorneys for the defendants asked Doe and his mother during pre-trial depositions.
Brier said among the questions posed were those that suggested Doe: shared a bed with his mother until he was a teenager; dressed in drag and performed a gay-themed skit at a school function; masturbated with a friend while watching child pornography; sold drugs and was suspected of stealing from the church.
"These accusations have absolutely no basis in fact," Brier said in the motion. "Absent an evidentiary foundation, defendants should be precluded from insinuating such conduct ... ."
The diocese also filed several motions that seek, among other things, to preclude Doe from presenting evidence regarding Liberatore's alleged homosexual behavior with others prior to meeting Doe.
In the motion, the diocese maintains that evidence could prejudice the jury because some on the panel might "jump to the improper conclusion that homosexuality ensures pedophilia."
The motions will be reviewed by U.S. District Judge A. Richard Caputo, who is expected to issue a ruling prior to the start of the trial, which is scheduled to begin Nov. 5.
Contact: tmorgan@timesleader.com.
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