By Megan Hansen
The Times-Standard
December 13, 2011
http://www.times-standard.com/localnews/ci_19535839
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Attorneys are scheduled to go before a Sonoma County judge today to further discuss a Monday ruling that sided with the Roman Catholic Diocese of Santa Rosa and a treatment center in the case of four former Eureka altar boys who allege they were repeatedly molested by a priest at St. Bernard's Parish in the 1980s.
Judge Mark Tansil ruled Monday that the men's claims of abuse by the Rev. Patrick Joseph McCabe are limited by the statute of limitations, which imposes a time limit on when a person can file a lawsuit. Tansil ruled the claims had to be filed no later than the victims' 26th birthdays. The men are now in their 30s and 40s.
Adrienne Moran, an attorney for the diocese, said the Legislature amended the statute of limitations law in 2002 to allow for delayed discovery but that the statute only applies to prospective cases.
"His ruling is consistent with current law," Moran said.
Tansil also ruled the men couldn't claim fraud in regard to the diocese, which allegedly knew about McCabe's past and didn't disclose any information about him. McCabe, 75, was transferred to St. Bernard's Parish -- which comprises St. Bernard and St. Joseph churches -- in 1983 after molestation allegations began surfacing against him in his native Dublin, Ireland. McCabe arrived in Eureka, reportedly just months after he was deemed a pedophile, enrolled in a treatment program and was placed on medications intended to rein in his sexual desires.
McCabe was removed from Eureka in 1985 and sent to a Guerneville church before eventually returning to Dublin in 1986. After more molestation allegations cropped up in Dublin in 1986, McCabe returned to the United States in 1988 and left the church for good.
In his ruling, Tansil said counselors with the Servants of Peraclette treatment program in New Mexico, that supposedly treated McCabe, "did not make statements to the plaintiffs, owing no duty to speak to them or their parents." He writes that "the court is very skeptical as to whether any claim can ever be adequately stated as to Servants."
Joseph George Jr., a lawyer for the Eureka men, could not be reached for comment Monday.
Despite ruling in favor of the diocese and treatment center, Tansil will discuss today whether to stay his final ruling until the California Supreme Court further investigates the issue of retroactivity and the statute of limitations.
Moran said there are multiple cases before the Supreme Court right now that deal with this timing issue. She said an oral argument in the case of Quarry et al v. Doe 1 et al -- a case in which six brothers claim they were sexually abused as children by a Catholic priest in the 1970s -- is expected to be heard on Jan. 5.
"Many cases throughout the state will sink or swim with this ruling," Moran said.
She said the judge will likely not finalize his ruling until the Supreme Court makes its decision. Tansil's ruling states that if the Supreme Court doesn't make a ruling, he will sustain each attorney's argument and allow them 60 days to amend their court filings.
McCabe was extradited to Ireland by a federal court in June to answer to charges of molesting six boys in Dublin between 1973 and 1981.
Contact: mhansen@times-standard.com
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