By Tim Townsend
St. Louis Post-Dispatch
December 31, 2011
http://www.stltoday.com/lifestyles/faith-and-values/group-seeks-to-block-subpoena-in-kansas-city-clergy-abuse/article_e325d893-b8c3-5d26-a547-09000204bf7a.html
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| Photo by Joel Currier, jcurrier@post-dispatch.com |
An advocacy group for victims of clergy abuse has asked the Missouri Supreme Court to quash a subpoena that it feels could compel its director to disclose confidential information from victims of clergy sexual abuse.
The subpoena, upheld by a judge earlier this week, pertains to the case of a Kansas City priest, the Rev. Michael Tierney, accused of sexually abusing a minor. But attorneys representing the Survivors Network of those Abused by Priests said the subpoena could have sweeping implications, potentially making public previously confidential information from those who have disclosed abuse allegations to the organization.
Attorneys who work with abuse victims said compelling such testimony would betray the trust of abuse victims and introduce a chilling effect for those who have yet to come forward.
"It would severely damage SNAP's ability to provide support for victims if victims aren't able to come forward to speak in confidence," said Ken Chackes, a Clayton attorney not involved in the case whose firm represents plaintiffs in most clergy sexual abuse cases in St. Louis.
David Clohessy, the St. Louis-based director of the Survivors Network of those Abused by Priests, is scheduled to be deposed Monday. He was drawn into the case after Tierney's attorneys accused lawyers for the priest's alleged victim of violating an August gag order by providing Clohessy information that he then released to the news media in a press release.
On Dec. 20, Clohessy asked Jackson County Circuit Judge Ann Mesle to quash the order, but Mesle denied that request on Wednesday. An appeals court sided with Mesle on Thursday.
An attorney for Clohessy said that if the Missouri Supreme Court also declines to quash the court order, Clohessy will withhold details about abuse victims his organization has worked with.
"If he is deposed, we will refuse to provide the information we believe is confidential," said Jeffrey Jensen. "We will refuse to provide any information that would identify victims of sexual abuse, or that identifies SNAP members or supporters, in order to protect their confidentiality."
The Missouri Press Association filed a brief Thursday also asking the Missouri Supreme Court to quash the subpoena, on the grounds that it could force Clohessy's organization to reveal previously confidential correspondence with journalists.
"The Press Association believes the judges order is overly broad ... and will interfere with reporters' First Amendment right to gather information for news stories," said Jean Maneke, and attorney for the press association.
Jensen said attorneys in the Tierney case had already agreed to abide by the Missouri Rape Crisis Center Statute, which protects the confidential communications between victims of sexual assault and their counselors.
Tierney's attorney, Brian Madden, did not return a phone call Friday.
Tierney's attorneys subpoenaed Clohessy in November, asking that he provide the information in a Jackson County civil court case. Tierney is accused of molesting a 13-year-old Missouri boy in 1971. Kansas City-St. Joseph Bishop Robert Finn removed Tierney from active ministry in June after a diocesan review board found the allegations against the priest credible.
Contact: ttownsend@post-dispatch.com
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