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  Pacelli Accused of Allowing Teacher to Molest Student in 1970 Child Sex Abuse Lawsuit

By Scott Steuck
Portage County Gazette
June 16, 2010

http://mnsnap.wordpress.com/portage-county-gazette/

Pacelli High School was named a defendant in a civil suit filed in Portage County Circuit Court Tuesday, May 11, by lawyers for a former student at the Stevens Point school who alleges a brother there molested him approximately 40 years ago.

The suit, filed on behalf of John Doe KD, a 54-year-old man who still lives in Stevens Point, alleges the school, as well as the co-defendants, the Diocese of La Crosse and Brothers of the Christian Schools Midwest Province, committed fraud by not informing people Brother Charles Anthony "Raimond" Rose, who taught at Pacelli in 1969 and 1970, allegedly molested a student at De La Salle High School in Minneapolis, Minn., when he taught there from 1963 to 1966.

"I am here with a very sad heart because the tale of child sexual abuse has come to this community," Patrick Noaker, an attorney representing the man, told reporters at a press conference on the steps of the Portage County Courthouse shortly after filing the civil suit. "We are saddened because the real tragedy of this lawsuit is it should have been avoided."

The civil suit accuses all three defendants of committing fraud, fraud-intentional non-disclosure and fraud-negligent misrepresentation, and it seeks a judgment from them in an amount to be determined at trial, plus costs, disbursements, attorney fees, interest and other relief the court deems "just and equitable." The plaintiff is also seeking punitive damages in an amount to be determined at trial.

Noaker, who works for Jeff Anderson & Associates of St. Paul, Minn., said this is the 17th civil suit his firm has filed involving Rose and his superiors, including nine that are pending in Minnesota and five in North Dakota. Two other cases filed in California have been settled out of court.

The civil suit alleges Rose sexually abused other boys before and after the Pacelli incident involving John Doe KD, who was 15 at the time. It also claims he was sent to centers in New Mexico and New York in the mid-1970s and to centers in Minnesota in the 1980s and '90s for sexual offender treatment, although he received teaching assignments following them in which he allegedly victimized more boys.

Noaker said Pacelli and the other two defendants committed fraud by placing students in harms' way of a known sexual predator. "The victim's parents would have never allowed their child to have contact with Brother Rose otherwise," he said, noting the defendant never had Rose as a teacher. He said Rose endured himself to the victim and his family and the alleged incident took place one time in the rectory.

The victim, he said, has suffered a lifetime of emotional problems as a result and has battled chemical dependency. "He's been very damaged," said Noaker, noting the victim first came forward in September 2009 by filing a police report about the alleged incident and he is doing so to bring awareness to the issue in that it might help other victims.

He also said Rose has never been prosecuted for these alleged crimes and he's living unsupervised next to a high school in Chicago, Ill. He said the statute of limitations has not expired so district attorneys in counties where Rose allegedly committed these crimes could still file criminal charges against him.

In a statement issued Wednesday, May 12, the Diocese, on behalf of Pacelli, said at the time of this alleged conduct, the Christian Brothers managed Pacelli High School, and as such, Pacelli was not a Diocesan high school but merely a tenant in a Diocesan-owned building. It said the Diocese was not responsible for hiring, supervising and/or terminating teachers at Pacelli High School during that period of time.

"We were saddened by the news of this 41-year-old claim (sic)," the statement said. "However, Pacelli High School and the Diocese of La Crosse now manage and have in place unprecedented child protection programs including comprehensive background checks and safe environment training which insure a safe environment for children. The policies and procedures concerning the Diocese of La Crosse Safe Environment Program are available on the Diocesan Web site."

It further states that since the lawsuit has not been served or provided to the Diocese at the time, but once it is, the Diocese itself will have further comment.

In a statement released Tuesday, May 11, Christian Brothers said Rose is 76 years old and no longer in active ministry or in contact with minors.

"We deeply regret the events that have been described in the lawsuit that has been filed," it said. "Our prayers are with the family and the victim for the matters that have been described."

 
 

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