Group Says Milwaukee Archdiocese Misled Victims

Canadian Business
February 7, 2012

http://www.canadianbusiness.com/article/69821--group-says-milwaukee-archdiocese-misled-victims

A group representing victims of clergy abuse accused the Milwaukee Catholic archdiocese Tuesday of misleading victims about the intent of its bankruptcy efforts now that is it is trying to fight some of the nearly 570 restitution claims.

The Milwaukee Archdiocese filed for bankruptcy protection last year, saying pending sex-abuse lawsuits could leave it deep in debt.

By the Feb. 1 deadline, 568 people had filed restitution claims. A day before the deadline, the archdiocese filed motions asking for three cases to be dismissed because they were either filed beyond the statute of limitations, involved someone who was not an archdiocese employee or involved a victim who already received a settlement.

The Survivors Network of those Abused by Priests claims the archdiocese misled victims because it never mentioned eligibility restrictions in correspondence or ads to victims about the claims deadline and the bankruptcy.

SNAP spokesman Peter Isely said the group is asking the archdiocese to withdraw their motions, for which a hearing is set for Thursday.

Isley argued that of all of the nation's dioceses to have gone through bankruptcy hearings, Archbishop Jerome Listecki is heading up the most aggressive legal opposition.

"The archbishop has been saying one thing but instructing his lawyers to do the exact opposite," Isely said.

Jerry Topczewski, Listecki's chief of staff, said the archdiocese has always been clear that it would reserve the right to file motions on the claims to ensure the rightful claimants get compensation. The claimants are accusing the archdiocese of fraud and negligence, but the archdiocese's motions say the victims' statutes of limitations are up.

Officially, the statute of limitations starts when the victim knows — or should have known — about the fraud. The archdiocese claims the victims should have seen the media coverage in the 1990s and early 2000s, as well as a 2004 list of priest abusers released by the archdiocese, which should have caused the victims to realize they were lied to as children.

Attorneys Mike Finnegan and Jeff Anderson are representing about 350 of the Milwaukee claims. Finnegan said he plans to argue during Thursday's hearing that the archdiocese never released documentation to show they were defrauding people and never acknowledged it publicly.

Isely said the victims aren't worried so much about financial restitution as accountability and transparency. He also said that the more claims that are considered will affect how rigorous the financial audit is to find compensation for the victims, and that the archdiocese's real motive is to have a less aggressive audit.

Topczewski said he didn't know about any audit related to the bankruptcy, so he couldn't comment.

On Thursday, the judge may make an immediate ruling or could wait to rule at another date.

Arthur Budzinski filed one of the claims. He has said Father Lawrence Murphy began abusing him at the age of 12 in the early 1960s at St. John's School for the Deaf. He said the archdiocese's fight against the motions makes him feel like they don't believe the victims, and he thinks Listecki misled the victims.

"He's breaking the Ten Commandments, 'Thou shall not lie,' " he said through his daughter Gigi Budzinski, who interpreted his sign language.