Judge: Statute of Limitations Doesn't Apply in Priest Abuse Case, by Bianca Slota, WCAX-TV, January 4, 2008

Judge: Statute of Limitations Doesn't Apply in Priest Abuse Case

By Bianca Slota
WCAX-TV
January 4, 2008

http://www.wcax.com/Global/story.asp?S=7579536&nav=menu183_2_4

A new development in the case against a former Vermont priest accused of molesting several young men.

Superior Court Judge Matthew Katz ruled Friday that the statute of limitations does not apply in the case of James Turner, who recently won his lawsuit against the Catholic Diocese. In early December, a jury agreed Turner had been abused by former priest Alfred Willis, and awarded him $15,000 in damages. But the jury also said the statute of limitations in the case had run out, so Turner could not collect that money. This latest decision from Judge Katz might change that.

James Turner

After the jury's ruling, Turner's attorney filed a post-trial motion, asking Judge Katz to re-examine the statute of limitations issue. Ruling on that motion, Judge Katz agreed with the lawyers that the Roman Catholic Diocese did not prove the statute applied in this case.

"What the judge found here was that the Diocese had to prove that our clients were aware, not only of their injury, and the fact that it was due to the abuse, but also to the fact that the Diocese had negligently supervised these priests. They had no way of knowing that until we got the documents in 2002," explained Turner's lawyer, Jerry O'Neill.

Alfred Willis

Reacting to the ruling Friday, O'Neill, said he is pleased because it results in a judgement in their favor.

"But it's much more important in the long term because it essentially means that the statute of limitations is not a defense for the diocese in any of the cases that we have," said O'Neill.

O'Neill has more than 25 other cases pending against the Diocese, and the statute of limitations was expected to be a defense in many of them.

"This for all practical purposes takes the statute of limitations away. It's gone it's not a defense anymore," explained O'Neill.

We contacted Tom McCormick, an attorney for the Diocese for reaction. He could not speak on camera but said he had read the decision and is considering the next step.

As for Turner, O'Neill says he has not spoken with his client yet but expects that he will be very pleased. The ruling does not necessarily mean Turner will be able to collect the $15,000, because both sides still have appeals they can file.