Sex Assault Victims Sue Priest, Catholic Church, School Board

By Dave Hall
Windsor Star
February 10, 2012

http://www.windsorstar.com/news/assault+victims+priest+Catholic+church+school+board/6136087/story.html

Lawyer Robert Talach, left, with sexual abuse victims David Marco D'Agnillo, 40, Greg McCullough, 69, and Tom Haberer, 71, right, during news conference announcing lawsuits relating to a crime spree of sexual abuse by Father William Hodgson Marshall February 10, 2012.

A London lawyer representing sexual assault victims of convicted pedophile Rev. William Hodgson Marshall is calling for a criminal investigation into the “institutional enabling and coverup” which allowed the Basilian priest to prey on his victims for more than 30 years.

Robert Talach, a partner at London law firm Ledroit Beckett, which is representing many of the victims, said “quite frankly, we are getting fed up with the number of cases we’re seeing and it’s time for our criminal justice system to step up and launch an investigation into how these crimes were covered up over time.

“Any institution involved in such crimes should be investigated by the secular authorities and, just like other corporate crimes, face substantial penalties,” he said.

“Instead it seems as if the justice system is leaving it up to individuals to deal with this issue,” said Talach.

On Friday, four more of Marshall’s alleged victims announced they have launched separate $3-million lawsuits against the Basilian priest.

The civil suits by Greg McCullough, David D’Agnillo, Thomas Haberer and an unnamed plaintiff also named the Basilian Fathers of Toronto, Catholic Bishop Ronald Fabbro and the Windsor-Essex Catholic District School Board, alleging none did anything to prevent Marshall from abusing children.

McCullough, D’Agnillo, Haberer were all part of the criminal trial. Allegations made by the unnamed plaintiff have yet to be proven in court.

Marshall, now 89, was sentenced June 9 in a Windsor court to two years in prison for molesting children. He pleaded guilty to 17 counts of indecent assault between 1952 and 1985 in Windsor, Sudbury and Toronto where the Basilian taught.

For McCullough and Haberer, the abuse took place while they were students at Assumption College school. For D’Agnillo, it took place at Holy Names secondary school.

“It’s a dirty secret I’ve kept since 1955,” said McCullough, a former teacher at Massey secondary school. “All I wanted to do was play basketball and he was the coach but clearly that was a facade.

“I was 12 years old, four-foot-10 and about 100 pounds and so was my friend who was also abused,” said McCullough, now 69. “Clearly, he chose his victims well.

“It started in October or so in 1955 and continued until May.”

McCullough said his friend, the unnamed plaintiff, eventually told his father in the spring of 1956 and the next school year “Marshall was gone.”

Talach said “it is our strong belief that this boy’s father, as would any parent, confronted the school administration about Marshall.

“The result was the transfer of Marshall,” said Talach. “It was a silent shuffle which would lead to Marshall abusing many more victims, at different assignments, over the next three decades.”

Talach said his firm has launched seven lawsuits on behalf of Marshall’s victims and more are expected to be announced in Sudbury later this month. A Toronto firm has also launched two suits on behalf of other victims.

Haberer, now 71, said he was the ideal prey for a person such as Marshall.

“I was a very withdrawn kid. My father had died when I was three and I was the perfect Catholic boy,” said Haberer. “I was docile and submissive to those in authority.

“Now, I look back with revulsion at what happened,” said Haberer, who now lives in Aurora. “My adult life has been one of emotional turmoil and it is only through the tolerance and kindness of Sally, my wife of 43 years, that it hasn’t ended up in complete ruination, quite likely with an early death.”

D’Agnillo, 40, said the abuse ended only when he refused to continue meeting Marshall in his office.

“He (Marshall) then became an angry, scary man,” said D’Agnillo, who later transferred to Massey, leaving the Catholic school system and the church behind him. “I was an altar boy, too, and now I don’t attend church anymore except sporadically for weddings and funerals.”

Talach also said that the Basilian Fathers should either ask Marshall to be defrocked voluntarily or force him to be defrocked.

“They clearly have no appetite for doing either and that speaks volumes about whose side they are on,” said Talach.

Earlier this month, police in Saskatoon said they have charged Marshall with two counts of indecent assault for alleged crimes which occurred in 1959 and 1960.