WCAX
August 27, 2008
http://www.wcax.com/Global/story.asp?S=8909155&nav=menu183_9_4
A former altar boy's sex abuse lawsuit seeking millions in damages from the Vermont Roman Catholic Diocese ended Wednesday with a hung jury and a mistrial.
Members of the jury say they all agreed that the diocese should pay damages to the former altar boy who was molested by a Vermont priest 30 years ago. But the jurors could not agree on the amount.
The jury returned to the courtroom Wednesday afternoon after announcing they were irrevocably stalemated and unable to reach a verdict after 16 hours of deliberation over three days.
Vt. Superior Court Judge Matthew Katz told them, "I understand and I appreciate that the fact that there is a mistrial reflects clearly that you've all been so conscientious about it,"
The jurors were unable to agree how much the Vermont Catholic Diocese should pay in damages for failing to protect the 40-year old former altar boy from pedophile priest Edward Paquette 30 years ago.
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| Ladislav Cutura |
In May, a different jury agreed the diocese should pay a record $8.7 million in damages to another Paquette victim from the 1970s. But this time the jury could not agree on an award.
"Highest half million" was the highest that juror Ladislav Cutura was willing to award.
He says five jurors wanted a low range award ranging from $250,000 to $1 million. He says the other seven jurors wanted higher: $2 million to $5 million. But in the end, there was no agreement on a single amount. He thought the altar boy waited far too long and asked far too much.
"He claimed too late, too late... almost 30 years ago. In my opinion has to be 20 years ago," Cutura said.
At least 17 other former altar boys allegedly abused by Father Paquette have sued the diocese and await their day in court. That could take many years. And now those suits will have to wait for the retrial of this case.
Bishop Salvatore Matano and the diocese lawyers hope the stalemate in this case will trigger reasonable out-of-court settlements in all of the cases.
"I do hope this provides the impetus for us to go forward to seek just and charitable resolutions," Bishop Matano said.
But the victim's lawyer Jerry O'Neill says the settlement offers from the diocese have been way too low given the damage the Diocese caused-- so he is prepared to go to trial in every case.
"We would love to get these cases behind our clients. It's not to their advantage to continue but if that's what it takes because this diocese wants to pay them five cents on the dollar compared to what a jury would do, that's what we will do," O'Neill said.
Both sides say they will prepare for another trial involving this same plaintiff but with a different jury. For now it's unclear when that retrial will take place.
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