Cardinal Maida Among Possible Witnesses

Fox 11
May 11, 2012

http://www.fox11online.com/dpp/news/local/fox_cities/cardinal-maida-among-possible-witnesses

Cardinal Adam Maida

Former Green Bay Bishop Adam Maida, now a retired Cardinal in Detroit, Bishop David Ricken, and Bishop Robert Morneau, are among the witnesses who could be called next week at a civil trial against the Catholic Diocese of Green Bay.

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.

Both sides submitted their witness lists to the court Friday.

Other potential witnesses include the Merryfields themselves; the introduction of prior testimony of Bishop Aloysious Wycislo - who died in 2005 but led the Diocese from 1968-1983; and prior testimony of 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.

Also today, the judge denied another motion by the diocese to dismiss the case.

The Diocese argued the Merryfields have not presented sufficient evidence to support their claim of fraudulent misrepresentation and that the suit is barred by the First Amendment's Establishment Clause.

But in a nine-page decision, Judge Nancy Krueger denied the requests.

"What the Diocese knew is a question of material fact subject to the reasonable inferences the jury draws from the admissible evidence, as is the question of whether the Diocese made representations with the intent to defraud. Therefore, summary judgment is not appropriate at this time," Krueger wrote.

"The jury is capable of weighing the evidence and determining civil liability of the Diocese without analyzing religious doctrine or beliefs of Diocese members. The First Amendment does not bar the Merryfields' suit," Krueger added.

Jury selection begins Monday morning in Outagamie County court. The trial is scheduled to last two weeks.