Diocese Wants Change of Venue for Merryfields Lawsuit

Fox 11
January 19, 2012

http://www.fox11online.com/dpp/news/local/fox_cities/green-bay-catholic-diocese-wants-change-of-venue-in-merryfields-lawsuit

The Catholic Diocese of Green Bay wants a civil suit against it heard outside of Outagamie County.

Todd and Troy Merryfield sued the diocese, claiming it committed fraud by repeatedly transferring a priest without telling parishioners of the priest's history of abuse. The diocese says it had no knowledge of abuse committed by former priest John Feeney.

In 2004, Feeney was convicted of sexually assaulting the Merryfields 26 years earlier when he was assigned to a church in Freedom. Feeney, who was defrocked, was recently released from prison.

In a motion filed this week, the diocese argues that media coverage of Feeney's prison release is among the reasons why it cannot get a fair trial in Outagamie County. The diocese argues the coverage has been "prejudicial" and "inflammatory" since the lawsuit was filed in 2008.

The attorneys for the Merryfields have not responded to the motion.

If granted, the change of venue motion could result in the entire trial being moved to another county, or in a jury from another county being brought to Outagamie County to hear the case. The trial is currently scheduled for May 14.

A motions hearing is scheduled for Friday before Judge Nancy Krueger, but the venue motion will not be addressed, according to a court official. A hearing date for that motion has not been set.