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	Belleville Diocese's Appeal Rejected by State Supreme Court for the Second Time By George Pawlaczyk Belleville News-Democrat August 1, 2011 http://www.bnd.com/2011/07/30/1805629/belleville-dioceses-appeal-rejected.html#storylink=misearch#ixzz1TnyXiWJ1 The Illinois Supreme Court for the second time has denied a request by the Catholic Diocese of Belleville to hear an appeal of a St. Clair County Court jury verdict awarding $5 million to a former altar boy jurors found was sexually abused by a priest. The only remaining avenue for appeal is to the U.S. Supreme Court, but only if a constitutional question can be raised. St. Louis attorney David Wells filed the motion on behalf of the diocese asking the state appeals court to reconsider its original denial on May 25 on grounds that the award threatened the religious freedom of Illinois residents. The court again rejected the motion without comment. Wells could not be reached for comment Saturday. Belleville Bishop Edward Braxton, who has approved both appeals to the state Supreme Court, could not be reached for comment. James Wisniewski, of Champaign, was awarded the $5 million after a civil trial in 2008 where he testified that he was sexually abused starting about age 13 more than 35 years ago by the Rev. Raymond Kownacki at St. Theresa Parish in Salem. Kownacki, of Dupo, has stated he will not comment. During the trial, Belleville attorneys Mike Weilmuenster and Steve Wigginton produced documents showing that diocesan officials knew that Kownacki was accused of sexually assaulting boys and girls but continued to reassign him to parishes without warning parishioners. The priest was removed from ministry more than 15 years ago because of allegations of sexual abuse of minors. Wigginton is currently the U.S. Attorney for the Southern District of Illinois. Wisniewski filed suit in 2002 and his attorneys successfully warded off efforts by the diocese to have the case dismissed in the 5th District Appellate Court in Mount Vernon. As for the chances that the U.S. Supreme Court would hear a motion by the diocese in the Wisniewski case, Weilmuenster put them at "zero." "This whole argument about this infringement upon religious freedom is ludicrous," he said Saturday. "I've been a Catholic my whole life, and no one's ever told me that it's part of my Catholic faith that it's OK to abuse children and cover it up." Since the state Supreme Court's denial in May, Weilmuenster estimated that the overall amount that must be paid to Wisniewski has increased by about $80,000 because of interest estimated at $1,250 per day. This would put the total amount of the award at just under $6.4 million. Wisniewski's money is guaranteed by a surety bond posted by the diocese and by other money in an escrow account under control of the court. In June, after the latest appeal motion was filed with the state supreme court, Braxton sent a letter to his priests to be read to the public in which he contended that the statute of limitations had been extended in the Wisniewski case in such a way that it violated the constitutional separation of church and state. However the 5th District Appellate Court's earlier decision, which addressed the time limit argument, stated that no issue of religious freedom was involved. The appellate court ruled that because the diocese "fraudulently concealed" Kownacki's danger to children, the time limit that would otherwise be barred was extended. Contact reporter George Pawlaczyk at gpawlaczyk@bnd.com or 239-2625.
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