By Beth Hundsdorfer
The News-Democrat
August 11, 2011
http://www.bnd.com/2011/08/11/1817924/diocese-pays-633m-in-abuse-case.html
It took less than 10 minutes Wednesday morning to end a nine-year legal battle between the Catholic Diocese of Belleville and a former altar boy who was sexually abused.
The diocese handed over two checks totaling $6,329,041 to Mike Weilmuenster, attorney for sexual abuse victim James Wisniewski.
A St. Clair County jury awarded Wisniewski $5 million from the diocese in 2008. The Rev. James Kownacki, who is suspended from ministry, sexually abused Wisniewski while Wisniewski was an altar boy at St. Theresa's Parish in Salem almost four decades ago.
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| David Clohessy, executive director of the St. Louis-based Survivors Network of those Abused by Priests, talks with members of the media after the Catholic Diocese of Belleville handed over two checks totaling $6,329,041 to Mike Weilmuenster, attorney for sexual abuse victim James Wisniewski Wednesday morning. - Derik Holtmann/BND |
Church documents and witness testimony presented during the trial showed that diocesan officials knew that Kownacki sexually abused other children, but continued to assign him to different parishes.
"On behalf of my client, I would like to thank the ladies and gentlemen of the jury for compensating for all the irreparable damages done to Mr. Wisniewski and attempting to send a message to the Belleville Diocese that enabling sexual abuse and covering it up will not be tolerated by this community," Weilmuenster said after the hearing before Circuit Judge Lloyd Cueto, who presided over the 2008 trial.
Diocese lawyer David Wells declined to comment.
Wisniewski didn't attend Wednesday's hearing.
There were two checks. One check was drawn from money placed in an escrow account by the diocese. The other check was issued from an insurance company.
"The punitive damages in this case were to punish others for their actions in this case in covering up the abuse," Weilmuenster said. "It's unclear to me whether that message was received by the Diocese of Belleville."
The diocese appealed the 2008 jury verdict to the appellate court. The appellate court upheld the verdict. The Diocese then asked the Illinois Supreme Court to review the case, but the court declined to hear the case.
Wisniewski responded with "disbelief" when his lawyer told him that the diocese was paying the $5 million judgment, plus interest that has accrued at $1,250 a day.
"He couldn't believe that this day had finally come," Weilmuenster said.
Bishop Edward Braxton has said in a letter to priests that paying the settlement could strain "resources for responding to other abuse victims and for sustaining pastoral services in the Diocese of Belleville."
But David Clohessy, executive director of the St. Louis-based Survivors Network of those Abused by Priests, contended that it's difficult to know how much of the settlement was paid by insurance and how much came from the Diocese.
"We will never know," Clohessy said. "The diocese is as secretive about money as they are about pedophile priests."
Clohessy continues to urge Braxton to publicly post the names and address of Belleville diocese priests removed from the ministry because of allegations of sexual abuse of minors.
"It never should have come to this," Clohessy said. "I urge Bishop Braxton to shift its efforts from legal hard ball to prevention."
Weilmuenster currently has three other lawsuits pending against the Diocese concerning abuse by Kownacki.
The diocese settled another case involving Kownacki, paying $1.2 million.
The diocese has never acknowledged that Wisniewski was abused, Weilmuenster said, nor has it offered Wisniewski an apology or counseling.
Wisniewski continues to attend Mass at holidays, Weilmuenster said, but no longer considers himself a practicing Catholic.
"He's still Catholic in faith, but not in practice," Weilmuenster said.
Weilmuenster, who is also Catholic, said he received a lot of support and encouragement from the Catholics in the community, but added "It has been very trying."
Wisniewski never had the opportunity to confront Kownacki about the abuse, Weilmuenster said, and he was "disillusioned."
"Jim has never expressed hate (toward Kownacki), just more ... devastation," Weilmuenster said.
As to what Wisniewski, who now works in the health care industry as a consultant, intends to do with the money, Weilmuenster said he was unsure.
"The money is secondary to Jim," Weilmuenster said. "We have never to this day talked about money."
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