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	Outagamie County Judge Nancy Krueger Orders the Release of Former Green Bay Catholic Diocese Priest John Patrick Feeney's Records in Sex Abuse Case By Jim Collar Post-Crescent April 16, 2010 http://www.postcrescent.com/article/20100416/APC0101/4160593/1979 APPLETON — An Outagamie County judge will release a portion of a former priest's confidential sentencing report as Green Bay's Catholic diocese continues to fight a lawsuit filed by two sexual assault victims. Judge Nancy Krueger on Thursday partially granted the diocese's request to obtain the presentence investigation conducted on former priest John Patrick Feeney. The diocese is being sued by brothers Todd D. and Troy J. Merryfield, formerly of Freedom, who were sexually abused by Feeney in 1978. Patrick Brennan, an attorney for the diocese, said attorneys have had difficulty ascertaining whether Feeney had a prior criminal record. The report would likely provide that information, which could prove relevant to the case, he said. Krueger in granting the motion said information on a criminal record would otherwise be a matter of public record. The remainder of the investigation would remain confidential, she said. Krueger also granted the diocese additional time to prepare a motion seeking immediate judgment on its behalf so attorneys would have adequate time to consider any information gained through the presentence report. Feeney abused the Merryfields in 1978 when they were parishioners at St. Nicholas Catholic Church in Freedom. They were 12 and 14 at the time and Feeney is serving a 15-year prison sentence on sexual abuse convictions. Based on a 2007 state Supreme Court decision, victims of priest abuse can sue under the fraud statutes outside the normal six-year statute of limitations if they can show that they were unaware of the fraud until a later date when the fraud was discovered. The fraud alleged in this case is the diocese's alleged failure to inform St. Nicholas Catholic Church of Feeney's past, including his church-ordered sexual abuse counseling. Michael Finnegan, an attorney representing the Merryfields, had no objection to release of the presentence report. The diocese's motion for summary judgment, which would have been due today, will now be filed by April 30. Krueger will hold a hearing on the motion July 15. Jim Collar: 920-993-1000, ext. 216, or jcollar@postcrescent.com
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