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  Bankruptcy Court to Mull Release of More Sex Abuse Documents

Catholic Sentinel
February 29, 2008

http://www.sentinel.org/node/8823

A federal bankruptcy judge in Portland will hold a hearing next month to decide if hundreds more Archdiocese of Portland documents pertaining to clergy sex abuse should be unveiled for public view.

The archdiocese last June released scores of decades-old private letters, formal depositions and memos. The documents, posted on the Internet, show that church officials at the highest levels often knew about abusive priests, but operated under the standards of the times and attempted to handle matters internally.

Lawyers for accusers have been negotiating for more documents to be released, but a key attorney, Kelly Clark, left the talks, despite archdiocesan officials' belief that the process was working. Erin Olson, a Portland attorney representing accusers, refused to enter negotiations. She has asked Bankruptcy Judge Elizabeth Perris to unseal many of the same documents that were being considered in the talks. Perris has set a hearing for March 13. The archdiocese has asked that Perris appoint U.S. District Judge Michael Hogan to decide the question, delay action until mediation and arbitration are complete, or take no action.

Release of documents was part of a settlement reached last April. The accord allowed the archdiocese to pay varying amounts in 175 claims by accusers without lengthy trials.

The negotiations have also snagged on whether new accusers should be identified by name or by initials. The archdiocese has asked the court to follow standard rules, which call for claimants to be identified by name unless an attorney shows there are special circumstances. Lawyers for claimants have not filed the special request in the disputed cases, but in general say the use of names might discourage victims from coming forward in the future. The negotiation agreement between Clark and the archdiocese requires that if negotiations halt, the question of which documents are released will be mediated by retired Lane County Circuit Judge Lyle Velure. The first mediation session is set for April 1.

If Velure cannot help bring an agreement, then Hogan will settle the matter through binding arbitration. Velure and Hogan won kudos last year for bringing the two sides to settlement in a complicated set of cases.

To view the documents released last year, go to www.archdiocesedocuments.org .

 
 

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