Mediation Effort Fails in Roman Catholic Diocese of Green Bay Sexual Abuse Lawsuit

The Post-Crescent
March 19, 2012

http://www.postcrescent.com/article/20120320/APC0101/203200410/Mediation-effort-fails-sexual-abuse-lawsuit?odyssey=tab|topnews|text|APC-News

John Feeney sits in Outagamie County Court in 2002 for his initial appearance in a case in which he was convicted of four counts of sexually assaulting two Freedom brothers. An effort to resolve a subsequent civil lawsuit is ongoing.

APPLETON — Attorneys say an attempt to settle the civil lawsuit brought by two sexual assault victims against the Roman Catholic Diocese of Green Bay was unsuccessful as a two-week jury trial draws near.

Outagamie County Judge Nancy Krueger held a motions hearing Monday in the lawsuit filed by brothers Todd and Troy Merryfield stemming from their childhood sexual abuse at the hands of former priest John Feeney.

Krueger considered sanctions Monday against Troy Merryfield for participating in a recent mediation session by telephone instead of in person. Krueger didn't order sanctions, but asked attorneys to discuss the possibility of another mediation session.

"It would be meaningless," said John Peterson, attorney for the brothers.

The trial is scheduled to begin May 14.

The Merryfields, formerly of Freedom, were sexually assaulted by Feeney in the late 1970s.

They say the diocese was fraudulent in failing to inform Freedom's St. Nicholas Catholic Church of Feeney's past, which included church-ordered sexual abuse counseling.

Feeney, 85, was convicted in 2003 of four counts of sexually assaulting the Merryfields, who were 12 and 14 at the time of the abuse.

He was sentenced to 15 years in prison, though was released after serving less than eight years.

Feeney reached his mandatory release date in November and was placed in an Appleton halfway house. He has since moved to Missouri, according to the Wisconsin Department of Corrections.

The Post-Crescent reported in 2002 how Feeney was moved from parish to parish 14 times in 14 years, commonly after allegations of sexual misconduct, during his stint in the Green Bay diocese

In all, Feeney served at 18 parishes in the diocese between his June 1952 ordination and before moving to California in 1983.

Krueger gave attorneys until March 26 to report on whether they'll attempt mediation for a second time.

Peterson said Troy Merryfield's participation by phone in mediation didn't hamper his ability to participate. Patrick Brennan, attorney for the diocese, said Merryfield should have been present. He also was pessimistic as to the prospects of a resolution through mediation.

"It was unsuccessful," Brennan said. "I have no idea if it could ever be successful."

Contact: jcollar@postcrescent.com