By Sean O'sullivan
The News Journal
August 14, 2008
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20080814/NEWS01/808140378
WILMINGTON -- An informal accord between attorneys representing victims of child sexual abuse and the Catholic Diocese of Wilmington to quietly resolve civil lawsuits out of court is breaking down, according to a lawyer for the plaintiffs.
Wilmington attorney Thomas S. Neuberger of the Neuberger Firm, who has represented plaintiffs in the majority of lawsuits filed under the state's Child Victim's Act of 2007, announced the breakdown Wednesday, charging the diocese's new bishop is taking a hard line against victims.
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| Plaintiffs' attorney Thomas S. Neuberger holds a photo album Wednesday that contains 1960s photos of ex-priest Francis G. DeLuca with some of his alleged victims. |
"The recent [Bishop Michael] Saltarelli era of good will and reconciliation toward the survivors of priestly sexual abuse is over," he said.
Diocesan officials deny there has been any change or that the bishop set to take over the diocese in September, the Most Rev. W. Francis Malooly, has instructed attorneys to change course.
Neuberger said contrary to a previous agreement that resulted in several out-of-court settlements, the diocese is now demanding irrelevant, detailed information about the victims and is demanding they go through a hostile deposition, reopening old wounds.
As a result, Neuberger said, he is done with settlement negotiations and now plans to take all his civil cases seeking damages for abuse by priests to trial in state Superior Court.
"I'm not talking [anymore]. I try cases," he said.
Diocesan spokesman Robert Krebs said Wednesday the diocese continues to reach out to victims and seeks to settle their claims, and any suggestion otherwise is "totally false."
"The diocese has always reached out to victims since this crisis began," Krebs said. "We have followed the letter and the spirit of the U.S. Bishops' policies regarding response to sexual abuse allegations."
The attorney for the diocese, Anthony Flynn, agreed and said he does not understand the change in position by the Neuberger Firm. He said the diocese has not changed its tactics or violated the informal agreement, and added he has never talked to Malooly, let alone received new orders from him.
Flynn wouldn't discuss any settlement talks, but said taking a position of, " 'If we are not able to agree in one case, therefore we won't be able to agree in any case,' is very wrongheaded."
Krebs also dismissed the suggestion that the new bishop has demanded a new, hard-line policy. Contrary to Neuberger's suggestion, Krebs said, Saltarelli was not forced into retirement and remains in charge of the diocese until Sept. 8.
Neuberger said that, as a result of what he sees as the church's new policy, he has filed a motion to depose Saltarelli and his predecessor, Bishop Robert Mulvee. "It's no more Mr. Nice Guy," he said.
Neuberger has also amended six of the lawsuits he filed on behalf of men who claimed they were abused by convicted pedophile and now-defrocked ex-priest Francis G. DeLuca to formally add DeLuca as a defendant.This means the disgraced former priest will have to sit at the defense table along with diocesan officials at trial, Neuberger said.
He also released some evidence against DeLuca previously not seen -- photos from what Neuberger described as DeLuca's "trophy book." In it, there are images from the late 1960s of DeLuca and some of those who now claim to have been abused by him with DeLuca on the beach and in hotel rooms.
At least two of Neuberger's clients, Robert Quill and John Vai, are pictured in the album. Vai was at Wednesday's announcement; Quill has settled his case against the diocese and DeLuca.
Vai said Wednesday that the diocese's action in requesting that the Pope defrock DeLuca "is too little, too late.
"DeLuca should have been thrown out of the priesthood 46 years ago when [fellow plaintiff] Mike Schulte's parents reported his crimes up to the bishop and the diocese," he said.
Michael Sowden, who also has filed suit, said for him this late action by the diocese brings him no closure.
The Neuberger Firm has settled at least three cases with the diocese under the previous agreement, which limited damages to $100,000 to $3 million.
"We've canceled the deal limiting those figures," Neuberger said.
Contact Sean O'Sullivan at 324-2777 or sosullivan@delawareonline.com.
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