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	Earlier Verdict Could Impact Diocese's Ability to Appeal Verdict By George Pawlaczyk News-Democrat January 27, 2009 http://www.bnd.com/breaking_news/story/632593.html A recent appellate court decision in the Catholic Diocese of Peoria will undermine efforts to appeal a $5 million verdict brought against the Catholic Diocese of Belleville for sexual abuse of a minor by a priest, a lawyer who helped win the award said Tuesday. Belleville attorney Mike Weilmuenster said the Peoria decision coupled with a similar earlier opinion in another case by the 5th Appellate Court in Mount Vernon "hopefully will force the Belleville Diocese and other dioceses throughout the state to use their financial resources to compensate legitimate victims of childhood sexual abuse instead of paying lawyers to try to get the claims dismissed on legal technicalities." St. Louis attorney David Wells, who has filed a notice of appeal in the $5 million case on behalf of the Belleville Diocese, could not be reached for comment. Belleville Bishop Edward Braxton does not comment to the media. Weilmuenster said a 2-1 opinion on Jan. 9 by the 3rd Appellate Court in Ottawa, Ill., found that civil lawsuits brought by people under the Illinois Childhood Sexual Abuse Act after the statute of limitations had expired were not barred under certain conditions. The 3rd Appellate Court decision restored several lawsuits against priests that had been dismissed in Peoria County. The court found that the victim's time to file did not begin tolling until they realized as adults they had been damaged by the sexual abuse. Weilmuenster and his law partner, Steve Wigginton, successfully argued during an eight-day civil jury trial in St. Clair County Court in August that 47-year-old James Wisniewski's claim of being sexually molested as an altar boy in St. Theresa's Parish in Salem was valid. The attorneys argued that the law allowed a claim to be brought after Wisniewski, who now lives in Champaign, realized as an adult that his post-traumatic stress disorder had been caused by being sexually molested by the Rev. Raymond Kownacki. A jury agreed and awarded damages. Kownacki, 74, has stated he will not comment. He was removed from his ministry in 1995 for allegedly sexually abusing minors. The earlier 5th Appellate Court decision involved a 2003 lawsuit against the Belleville Diocese brought by Chris Amenn, who stated that as a 14-year-old he was sexually molested by the Rev. Kenneth Roberts, who was a visiting guest speaker from the Dallas Archdiocese. This decision is currently before the Illinois Supreme Court. Weilmuenster said that both decisions, if they are upheld, "Would mean that the Belleville Diocese's defense that Mr. Wisniewski's claim, and other pending claims of victims of abuse by priests are time barred, is meritless." Citing the Childhood Sexual Abuse Act of 1995, Weilmuenster said the intent of the law was to allow "Victims of childhood sexual abuse (to) have their day in court and (should not be) denied justice by a legal technicality." Contact reporter George Pawlaczyk at gpawlaczyk@bnd.com and 239-2625.
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