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  Lawyers Block Records Naming Accused Priests

By Steve Woodward
Oregonian
February 12, 2008

http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/120278671660380.xml&coll=7

Lawyers for priests accused of sexual abuse, as well as for the Archdiocese of Portland and other Catholic organizations, are scrambling to prevent the release of hundreds of documents that reveal the priests' identities.

Erin K. Olson, an attorney who represents five child-abuse plaintiffs, threatened to make public 1,760 pages of sealed U.S. Bankruptcy Court documents today. But motions by the archdiocese, the Franciscan Friars, Mount Angel Abbey and three priests identified as Mr. H, Father M and Defendant Smith have automatically stopped the release.

The documents, which include personnel files of an undisclosed number of accused priests, were put under seal in 2005 during the course of the archdiocese's bankruptcy. Even though the archdiocese emerged from its bankruptcy last year with a $75 million recovery plan, the documents will remain confidential until both sides agree on their release.

The files were gathered to determine whether the archdiocese engaged in a pattern of protecting accused priests. Plaintiffs' attorneys say their clients want the files opened as evidence of the church's commitment to their healing. The church's lawyers say in court filings that none of the settled cases so far has included a written demand for such a release.

"The Archdiocese of Portland made it through a three-year bankruptcy -- a process that is supposed to be transparent -- without ever revealing very basic information underlying its stated reason for filing for bankruptcy: the identities of its abusive priests," Olson said in her filing.

Archdiocese spokesman Bud Bunce said Archbishop John G. Vlazny intends to release the documents as soon as lawyers from both sides agree.

"We're committed to following the process established through the bankruptcy process, which is having the attorneys work on which documents would be released," Bunce said.

The plaintiffs' attorneys who are involved in negotiating the release of documents -- Olson is not among them -- are locked into an arrangement that now requires the parties to submit to mediation with Lane County Circuit Judge Lyle C. Velure. If mediation fails, U.S. District Judge Michael R. Hogan would step in as final arbiter.

In response to Olson's motion, the archdiocese, the friars, the abbey and the priests have asked the Bankruptcy Court to appoint Hogan as a so-called special master, who would decide the documents issue.

Attorneys for sex-abuse victims and the archdiocese have been haggling over the release of all the confidential documents since June of last year, when they agreed to release an initial batch. In November, negotiations broke down.

Kelly Clark, one of the plaintiffs' attorneys, said he withdrew from negotiations after the archdiocese sought to publicly reveal the identities of his clients -- one adult and seven child sex-abuse plaintiffs -- who are suing the archdiocese in federal court.

Steve Woodward: 503-294-5134; stevewoodward@ news.oregonian.com

 
 

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