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  Letter Mailed on February 1, 2008, by Attorney Daniel L. Schwartz of Day Pitney Llp, to Attorney Mark Sherman regarding Bethany D'Erario v. Saint John's Roman Catholic Church, et al.

By Mark Sherman, Esq.
Roman Catholic Diocese of Bridgeport
February 1, 2008

http://www.bridgeportdiocese.com/story_DioceseResponse.shtml#Letter

Re: Bethany D'Erario v. Saint John's Roman Catholic Church, et al.

Dear Attorney Sherman:

As I previously informed you, Day Pitney LLP represents Saint John's Roman Catholic Church in Darien ("St. John's") and the Bridgeport Roman Catholic Diocesan Corporation (the "Diocese") in the above-referenced matter. I have had an opportunity to review the complaint that you mailed to St. John's and to the Diocese and to review the factual record regarding Bethany D'Erario's employment and resignation from employment at St. John's. Based upon my review of the factual record, it is apparent that your proposed complaint contains numerous inaccurate statements and false assertions. Some of the more significant factual errors in your complaint are briefly summarized below.

1. In the complaint, you allege that Mrs. D'Erario was forced in August 2006 to resign from her position as St. John's business manager/bookkeeper. In reality, however, no one at St. John's or the Diocese ever sought or requested Mrs. D'Erario's resignation. Mrs. D'Erario decided on her own to resign and she also chose to publish her letter of resignation in St. John's church bulletin. A copy of that bulletin is enclosed and, as you will note, it does not suggest in any way that she was forced to resign. To the contrary, Mrs. D'Erario closes her letter of resignation to the pastor of St. John's, Father McGrath, by writing "I wish you and the parishioners of St. John's Church every good fortune."

2. In the complaint, you allege that St. John's and the Diocese retaliated against Mrs. D'Erario because she (and Father Madden) hired a private investigator who subsequently reported Jude Fay's wrongdoing to the Darien Police Department. In reality, however, the Diocese, through its counsel, already had contacted the United States Attorney's Office in Connecticut to report its concerns regarding Jude Fay prior to the private investigator's meeting with the Darien Police Department. Neither St. John's nor the Diocese had any reason or motive to retaliate against Mrs. D'Erario for her alleged activities as a "whistleblower." [1] To the contrary, as has been thoroughly documented by the United States Attorney's Office, the FBI and the independent report issued by Deloitte Financial Advisory Services LLP ("Deloitte"), St. John's and the Diocese cooperated fully in the investigation and subsequent prosecution of Jude Fay.

[1] As a legal matter, Mrs. D'Erario may not be defined as a "whistleblower" under Connecticut law because she reported her allegations of wrongdoing to a private investigator, rather than to a "public body", as required by the applicable statute. See Conn. Gen. Stat. 31-51m.

3. In the complaint, you allege that Father McGrath maliciously spread false rumors about Mrs. D'Erario having an affair with Father Madden, repeatedly harassed and attempted to intimidate Mrs. D'Erario, and refused to renew her employment contract. In reality, however, Father McGrath never spread any rumors regarding Mrs. D'Erario, nor did he harass or attempt to intimidate her. Although Mrs. D'Erario only briefly worked under Father McGrath's supervision before she decided to resign, at no time did Father McGrath ever criticize her work performance or express an intent to replace her. There was no need for a written renewal of Mrs. D'Erario's employment contract because her contract expressly provided that "This contract is automatically renewed for the next fiscal year if not cancelled or modified by either party in writing." Accordingly, Mrs. D'Erario's contract already automatically had been renewed for fiscal year 2007 (July 1, 2006-June 30, 2007), which Mrs. D'Erario acknowledged in her resignation letter. A copy of her contract is enclosed for your review.

4. In the complaint, you imply that the Diocese did not act expeditiously to remove Jude Fay and that Mrs. D'Erario was instrumental to the investigation. Neither allegation is accurate. The first time that Diocesan officials received a report concerning alleged financial misconduct by Jude Fay occurred on April 27, 2006 and that report occurred at a meeting between Father Madden and Bishop Lori. Mrs. D'Erario did not attend that meeting. In fact, within a day or two of that meeting, while Diocesan officials were commencing their investigation of St. John's finances, Mrs. D'Erario left for a vacation in the Bahamas and did not return to work for approximately one week. Although her absence made it more difficult for the Diocese to investigate the financial records of St. John's, the Diocese proceeded with its investigation and promptly removed Jude Fay from having any control over parish accounts and parish funds. As a result of the investigation, Bishop Lori directed Jude Fay to return to Connecticut from Florida and, on May 9th, Diocesan officials began meeting with Jude Fay and seeking explanations with respect to multiple financial issues. Approximately one week later, on May 17, 2006, at Bishop Lori's request, Jude Fay resigned as the pastor of St. John's. The chronology of the actions taken by the Diocese to investigate these matters, safeguard parish funds and obtain Jude Fay's resignation are set forth in detail in Deloitte's report.

In addition to the numerous factual errors in your complaint, I am concerned by the salacious and immoral nature of many of your allegations. The complaint contains multiple, graphic allegations regarding Jude Fay's alleged sexual conduct. These allegations are completely irrelevant to Mrs. D'Erario's legal claims because: (i) Mrs. D'Erario does not allege that she reported such sexual activities to the Darien Police Department, the FBI or any other public body; and (ii) Mrs. D'Erario does not allege that Jude Fay retaliated against her or forced her to resign from her job. Indeed, Jude Fay resigned as pastor of St. John's approximately ten weeks prior to Mrs. D'Erario's resignation. Hence, your allegations regarding Jude Fay's sexual conduct appear to be primarily for the purpose of stimulating prurient interest and attempting to embarrass the individuals who allegedly had relationships with Jude Fay, their families and the parishioners of St. John's. Such allegations could be quite harmful to third parties with no involvement in this matter and seem unnecessary, ill-intended, and potentially defamatory.

Before proceeding further with this matter, I urge you to speak with Mrs. D'Erario about the potential consequences of her actions. At the time of her resignation in August of 2006, Mrs. D'Erario indicated to the New York Times and others that she had no plans to sue anyone. Similarly, at that time, St. John's and the Diocese made a decision not to further investigate or file any claims against Mrs. D'Erario. If Mrs. D'Erario insists on re-opening this matter though, St. John's and the Diocese will seek to hold her accountable for any omissions, negligence, misrepresentations and/or malfeasance. As you should be aware, there is considerable evidence that Mrs. D'Erario had knowledge for several years regarding Jude Fay's financial and other wrongdoings, but did not report them to Diocesan officials. There also is evidence that Mrs. D'Erario's husband personally engaged in financial transactions with Jude Fay, which may have constituted a conflict of interest in light of Mrs. D'Erario's position as the Parish's business manager/bookkeeper. Indeed, Mrs. D'Erario's dereliction of her duties and her failure to report Jude Fay's financial wrongdoings in an effective manner resulted in losses at St. John's in excess of $1,000,000.

Moreover, some of the allegations in your complaint appear to contradict information that Mrs. D'Erario provided to the Diocese, Deloitte and/or the FBI during their respective investigations. As you know, contradictory statements in civil litigation can create credibility issues; such contradictions in the context of a criminal investigation are even more problematic. According to your complaint, Mrs. D'Erario claims to have copies of financial records of St. John's, some or all of which she may have failed to provide to the Diocese, Deloitte or the FBI at the time of their respective investigations. If Mrs. D'Erario withheld such information and documentation from investigators, her omissions could have serious consequences.

For the reasons set forth above, Mrs. D'Erario's complaint is without merit. She knows that she was not forced to resign and she knows that neither St. John's nor the Diocese or any of their representatives retaliated against her for allegedly being a "whistleblower." We understand that Mrs. D'Erario currently is going through a divorce and may be experiencing a difficult time in her personal life. The answer to such problems, however, is not to file a lawsuit that will expose her to counterclaims and that will negatively impact the parishioners of St. John's, who are in the process of recovering from the trauma experienced by the Parish. We would ask that Mrs. D'Erario consider the emotional and spiritual well-being of the parishioners and remember the farewell message she included in the Sunday Bulletin - "As I hope my actions have shown, I care deeply for this parish and all of you, and I wish St John's much healing and peace."

Please carefully consider the information set forth herein and contact me if you have any questions regarding it or would like to further discuss this matter.

Very truly yours,

Daniel L. Schwartz

Attorney at Law

Day Pitney LLP

One Canterbury Green

Stamford, CT 06901

 
 

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