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	Belleville Diocese Was Not Responsible for Warning about Priest Abuse, It Argues in Supreme Court Filing By George Pawlaczyk The News-Democrat February 18, 2011 http://www.bnd.com/2011/02/18/1597830/belleville-diocese-was-not-responsible.html The Diocese of Belleville did not have a responsibility to warn parishioners after receiving complaints that one of its priests sexually abused children, according to a 26-page petition to the Illinois Supreme Court requesting that a $5 million verdict be set aside. The document, filed Thursday by St. Louis attorney David Wells on behalf of the diocese, asks the seven-member high court to first agree to hear the case, and then to reverse the findings of a St. Clair County civil court jury in 2008, and a 2-1 decision last month by the Fifth Appellate Court in Mount Vernon, upholding the jury verdict. Those findings awarded $5 million to now 49-year-old James Wisniewski of Champaign, who alleged he was sexually abused for five years beginning when he was a 13-year-old altar boy at St. Theresa's Parish in Salem by the Rev. Raymond Kownacki. Belleville attorney Mike Weilmuenster, who represents Wisniewski, stated that the contention that a diocese is not legally required to warn parishioners about priests who sexually abuse minors is "appalling." Bishop Edward Braxton does not talk to local media. Kownacki, 76, of Dupo, who was removed from his duties as a priest by a diocesan review board in 1995 after complaints that he sexually abused other minors, has stated he will not comment. "Our position is pretty well spelled out in the petition. I wouldn't have anything to add," said Wells of the law firm of Thompson, Coburn LLP. The crux of the diocese's appeal is whether Wisniewski's lawsuit was time barred by the statute of limitations and other state laws when he filed it in 2002 -- 24 years after the alleged abuse. Weilmuenster, according to court documents, has argued that because the diocese engaged in a widespread cover-up of sexual abuse of minors, it engaged in "fraudulent concealment," thereby legally extending until 2002 the time limit to file a lawsuit. Wells argued in the petition that, "the Diocese did not commit fraudulent concealment by failing to contact Wisniewski about Kownacki's abuse because there was no special relationship between the Diocese and Wisniewski at any time, and it was error to permit the jury to decide that such a duty existed." Citing other decisions, Wells wrote, "Courts outside Illinois have similarly held that a diocese owes no legal duty to a parishioner in childhood sexual abuse cases." The diocese's petition also states that church officials didn't receive complaints about Kownacki molesting Wisniewski until 1982, after Wisniewski and his family had left St. Theresa's Parish. However, during the 2008 civil trial, documents from high-ranking Belleville Diocese clergy members read into testimony showed that church officials were aware of other complaints that Kownacki had sexually abused minors. One of these included the alleged rape by Kownacki of a 15-year-old girl at a church in Washington Park and an attempt to abort her baby. After being contacted by the News-Democrat, Weilmuenster issued a statement that said, "Over the nine years that Jim (Wisniewski) and I have been battling the Diocese, I have been reluctant to comment publicly about the conduct and actions of the Diocese and have restrained myself from doing so. However, I can restrain myself no longer. "In a final, desperate attempt to avoid having to compensate Jim for the repeated acts of sexual abuse and molestation perpetuated upon him, the Diocese is now arguing to our Supreme Court that it had no duty to protect Jim from Ray Kownacki, who, from the unrefuted evidence at trial, it knew was a rapist and child molester. ... As a member of the Catholic community of the Belleville Diocese, I find this position appalling, and quite frankly a little frightening." During the civil trial, Wells and his co-attorney did not offer witnesses to refute allegations of sexual abuse by Kownacki, but rather concentrated on trying to convince jurors that the diocese did not engage in a cover-up or "fraudulent concealment" by assigning Kownacki to unsuspecting parishes without warning parishioners of his alleged sexual abuse of minors and holding him out to be trustworthy and pious. If the state Supreme Court refuses to hear the case, and it turned down a similar request in August 2008 on the eve of the civil trial, the diocese could not appeal further and would be required to pay approximately $6.2 million to Wisniewski -- the $5 million judgment plus $1.2 million in accrued interest. A hearing will be held Tuesday before the trial judge, Circuit Court Judge Lloyd Cueto, to decide whether to increase the diocese' court-ordered bond to $6.3 million. If the state high court takes the case, either side could appeal any decision to the U.S. Supreme Court. Contact reporter George Pawlaczyk at gpawlaczyk@bnd.com or 239-2625.
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