By Sean O’Sullivan
News Journal
August 13 2010
http://www.delawareonline.com/article/20100813/NEWS01/100813031/Bankruptcy-judge-allows-sex-abuse-suits-against-parishes-to-proceed
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| Mary Dougherty, who testified Thursday about being abused by a priest, celebrates this afternoon after a ruling by U.S. Bankruptcy Judge Christopher Sontchi allowing several priest abuse cases to go forward to trial this fall. Attorney Thomas Neuberger follows behind. (The News Journal/JENNIFER CORBETT) |
WILMINGTON — Seven civil lawsuits accusing the former Rev. Francis DeLuca of sexual abuse under the Delaware Child Victims Act will be allowed to go to trial this fall, according to a ruling today from a U.S. Bankruptcy Court judge.
This prompted the attorney representing the seven – Thomas Neuberger – to declare victory outside court. “The cover-up is over,” he said with several of his clients, who charge they were molested by priests, looking on with tears in their eyes. ”The truth about these crimes will be told to a jury,” he said.
The seven cases are all set to be heard back-to-back starting in late October by Superior Court President Judge James T. Vaughn Jr.
The Catholic Diocese of Wilmington had opposed allowing the cases – which all name Catholic parishes in Delaware as defendants – from going forward, saying it would distract from and possibly undermine ongoing settlement discussions to resolve all 157 outstanding legal claims alleging sexual abuse by priests in Delaware.
Neuberger, in court, charged that the request was a stalling tactic by the church and that any more delays would further traumatize and irreparably harm the victims who have been waiting for their day in court.
Diocese officials had no immediate comment.
As a technical matter, Bankruptcy Court Judge Christopher Sontchi gave the diocese some of what it wanted, extending a stay on the vast majority of 81 pending cases against Catholic parishes until Sept. 3, 2010, or two days after the next scheduled mediation session between the diocese and representatives of the victims.
But Sontchi found that allowing a handful of cases to go forward would not adversely affect settlement talks.
On Thursday, in what attorneys and advocates called an unprecedented action, Sontchi heard from seven victims, six of whom have lawsuits pending against DeLuca in state court.
All six who spoke said they felt it was important to their recovery to get their day in court -- to confront the man who assaulted them as children and to seek vindication from a jury.
And all essentially argued that they would view another delay as a setback.
All seven of the DeLuca plaintiffs were just days away from going to trial in October 2009 when the bankruptcy filing by the Catholic Diocese of Wilmington put their cases on hold.
As a result, those seven cases should still be ready to go to trial without much more pre-trial preparation.
In his ruling from the bench today, Sontchi also allowed – in part or in whole – the cases involving four other plaintiffs to go forward, including that of Mary Dougherty, the seventh victim to testify before Sontchi on Thursday.
Contact Sean O’Sullivan at 324-2777 or sosullivan@delaareonline.com
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