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	Diocese, Creditors Set for Court Hearing Quad-City Times October 4, 2009 http://www.qctimes.com/news/local/article_f60399f0-b090-11de-847f-001cc4c03286.html A bankruptcy court judge will consider this week whether the Diocese of Davenport is complying with changes it agreed to make in its $37 million bankruptcy settlement with sexual abuse survivors. The issues include, according to court filings: Whether Bishop Martin Amos has publicly supported the elimination of criminal statute of limitations on child sexual abuse cases. The release of a report to the Vatican's representative in the United States regarding abuse accusations against former diocesan priest and now-retired Sioux City Diocese Bishop Lawrence Soens. The extent of affidavits signed by priests regarding knowledge of sex abuse. The posting of plaques in the diocese's schools on the subject of sexual abuse. An attorney for the survivors is asking for testimony from Amos regarding compliance and a five-year extension of jurisdiction of the court from the three years imposed. "Never before in Iowa judicial history has a legal entity declared bankruptcy because of the liability created from covering up childhood sexual abuse," Craig Levien, an attorney for the sex abuse survivors, wrote. "This is the unique horrific reason why the Davenport Diocese has submitted to the jurisdiction of the U.S. Bankruptcy Court. "To ensure that children are protected, to promote the healing of the survivors, and to publicly disclose the nature and depth of the horror that occurred, strong judicial action is required. Oversight is a must or secrecy and cover-up will resume in accordance with the diocese legacy." The diocese contends it is in compliance with the agreements. A statement regarding Amos' support of the elimination of statute of limitations was published in the diocese's Catholic Messenger, attorney Richard Davidson wrote. Amos also has responded to questions raised at parish visits, "stating he is in support of ending such criminal statutes of limitations." The diocese has made six reports to the Apostolic Nuncio regarding Soens, Davidson said. There is no requirement those reports be made public. However, "the diocese has no objection to disclosing these reports to the settlement trustee or the court, but would prefer not to file these in the public record." Regarding the sworn statements of priests about knowledge of abuse, there is no requirement that they be disclosed or made "meaningful," Davidson said. "The signed forms have been placed in each priest's personnel file. It is not clear how the forms could be made more meaningful." The diocese, Davidson said, also provided "full and complete evidence that unobstructed plaques" were posted in all of the schools. However, Levien says the diocese failed to provide evidence of that. The diocese provided photographs of 10 or 11 such plaques, he said. The diocese lists 20 schools. Levien is asking the bishop to produce a photo of each plaque with a sworn affidavit from the principal of each school regarding the placement of the plaques. "This reform was extremely important for the victims of Bishop Lawrence Soens while he was principal at Regina High School. Approximately 25 victims identified him as their abuser. There was no photograph of the plaque or evidence that a plaque was posted at Regina High School," Levien wrote. Secondly, Levien contends there is no evidence the bishop has publicly supported an elimination of statute of limitations for child sex abuse criminal charges by clergy or others in authority. The diocese contends that the requirement has been fulfilled with a statement in the Catholic Messenger that says "Bishop Amos publicly supports the elimination," Levien noted. "However, when scrutinized, the article appearing in the Catholic Messenger only states 'the report shows …' and is not a direct quotation from Bishop Amos." Amos and retired Bishop William Franklin, Levien says, are members of a legislative lobbying organization called the Iowa Catholic Conference. "Their legislative agenda lists 52 separate bullet points that the bishops want to pressure the legislature to act upon. There is not one mention of changing the criminal statute of limitations for childhood sex abuse. The bishops also travel to Des Moines yearly to meet with legislators," Levine wrote. Third, the diocese "distorted" required affidavits from priests regarding their knowledge about abuse by fellow priests and employees of the diocese, Levien said. The diocese requested sworn statements only of knowledge "other than those who have already been reported and had their names posted on our diocesan Web site." "Specifically, abuse by Father Bass, ex-Father Janssen, Bishop Soens, Msgr. Stouvenal and others currently living would not have to be disclosed by priests or the bishop. This is unacceptable to the survivors," Levien wrote. Other issues, Levien wrote, are that the diocese: Has refused to disclose the present location of the living credibly accused perpetrators and whether they have any current diocesan assignment. Has failed to disclose reports related to Bishop Soens. Refused to provide an outreach program to survivors of abuse. Has not provided a full and complete explanation regarding the status of Monsignor Drake Shafer, who has been exonerated from a sex abuse accusation. "Improperly" announced that the nonmonetary items were negotiated word for word and they have been followed them to the letter.
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