By Nicole Winfield
Boston Globe
May 17, 2010
http://www.boston.com/news/world/europe/articles/2010/05/17/vatican_says_document_does_not_prove_coverup_of_clergy_sex_abuse/
[ Crimen Sollicitationis]
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| Pope Benedict waved to about 150,000 people who gathered in St. Peter’s Square yesterday to show their support for him. Pope Benedict waved to about 150,000 people who gathered in St. Peter’s Square yesterday to show their support for him. Photo by Osservatore Romano/ Reuters |
VATICAN CITY — The Vatican today will make its most detailed argument yet for why it is not liable for bishops who let priests in the United States remain in positions where they molested children, in a court filing that could affect other efforts to sue the Holy See in American courts.
In a motion to dismiss a lawsuit on jurisdictional grounds, the Holy See is expected to argue that a key Vatican document calling for secrecy in church trials for sex abuse cases was not, as victims’ lawyers say, proof of a Vatican-orchestrated coverup.
The Vatican’s US attorney, Jeffrey Lena, said yesterday that there was no evidence the document was even known to the archdiocese in question, much less used.
In addition, the Holy See is expected to assert that bishops aren’t Vatican employees because they aren’t paid by Rome, don’t act on Rome’s behalf, and aren’t controlled day-to-day by the pope — factors courts use to determine whether employers are liable for the actions of their workers, Lena said.
He said he would suggest to the court that it should avoid using the religious nature of the relationship between bishops and the pope altogether as a basis for civil liability, because it entangles the court in an analysis of complicated religious doctrine that dates back to the apostles.
The Vatican has been named as a defendant in lawsuits filed in Kentucky, Oregon, and Wisconsin.
The motion will be filed today in US District Court in Louisville, Ky., where the Holy See is trying to fend off the first American case to reach the stage of determining whether victims actually have a claim against the Vatican itself. The suits contend that the Vatican was negligent because bishops failed to alert police or the public about Roman Catholic priests who molested children.
The Louisville case was filed in 2004 by three men who said they were abused by priests decades ago and claim negligence by the Vatican. Their attorney, William McMurry, is seeking class-action status for the case, saying there are thousands of victims across the country.
The Vatican’s motion is being closely watched because the court’s eventual decision could have implications for other lawsuits, one recently filed in Wisconsin and a second in Oregon pending before the Supreme Court.
The Vatican hopes to have the suits dismissed before Pope Benedict XVI can be questioned or secret documents subpoenaed.
McMurry has called the Vatican secrecy document a smoking gun. “It’s evidence of a ‘written’ policy that demands no mention be made by a bishop of priest sex abuse,’’ he said. “Since our case, and no other, is about holding the Vatican accountable for the bishops’ failure to report to civil authorities, any policy that gags the bishop is relevant and material.’’
McMurry has alleged that the Vatican had clear and direct control over bishops, mandated a policy of secrecy, and is therefore liable for the bishops’ failure to report abuse. He is seeking unspecified damages.
Based on district and appellate court rulings, McMurry said, he doesn’t need to prove bishops were employees of the Vatican but merely officials. He noted that they take an oath of office, and the pope appoints, disciplines, and removes bishops.
More than 100,000 people filled St. Peter’s Square yesterday in a major show of support for the pope over the sex abuse scandal. Benedict said he was comforted by such a “beautiful and spontaneous show of faith and solidarity’’ and again denounced what he called the sin that has infected the church and needs to be purified.
Citing estimates from Vatican police, the Vatican press office said 150,000 people had turned out for the demonstration organized by an association of 68 Italian lay groups.
Despite a drizzling rain, faithful from around Italy overflowed from the piazza. Such large crowds are usually seen at major holiday Masses and canonizations, not for Benedict’s brief, 10-minute Sunday blessings from his studio window
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