Case against Green Bay Diocese Heads to Jury Monday

By Jim Collar
The Press-Gazette
May 18, 2012

http://www.greenbaypressgazette.com/article/20120518/GPG0101/120518085/Case-against-Green-Bay-diocese-heads-jury-Monday

Todd, back and Troy Merryfield, two brothers who say the Green Bay diocese covered up sexual assaults by a priest later convicted, are shown in court Wednesday May 16, 2012. The brothers filed a lawsuit in 2008, claiming the diocese and Bishop Aloysius Wycislo — who was bishop from 1968 to 1983 and is deceased — fraudulently kept parishioners in the dark about Feeney’s history of sexual molestation that led to the boys’ abuse. Wm. Glasheen/The Post-Crescent

A jury will begin deliberations Monday to determine if the Catholic Diocese of Green Bay covered up whether a priest who later was convicted of molesting two boys was a danger to children.

The diocese closed its case Friday in an Outagamie County civil lawsuit filed by brothers Todd and Troy Merryfield.

The Merryfields, who were 12 and 14 when they were molested, claim the Roman Catholic diocese was aware former priest John Feeney sexually assaulted others before 1978, when it assigned him to Freedom’s St. Nicholas Church.

Jurors will return to the courtroom at 8:45 a.m. Monday to receive their instructions before attorneys make their closing arguments.

Today, Patrick Brennan, attorney for the diocese, had portions of deposition testimony previously given by former Bishop Aloysius Wycislo read to the jury. Wycislo, who served the diocese in the 1970s, died in 2005.

Wycislo was asked about how he would’ve responded to complaints of sexual abuse.

“If there were merits, I would have moved immediately to the suspension of the individual,” Wycislo said.

Brennan also introduced documents to bolster a psychologist’s Thursday testimony that the Merryfields suffered only mild trauma as a result of Feeney’s actions.

A series of medical records from 1986, 1987, 1991 and 1995 detailed Troy Merryfield’s medical history. In each, he indicated he didn’t have depression, excessive worry or issues with nervousness.

John Peterson and Jeffrey Anderson, attorneys for the Merryfields, questioned Deacon Tim Reilly about church records that had been referenced elsewhere but weren’t provided to the Merryfields during the course of the case.

Reilly said officials spent hundreds of hours fulfilling the brothers’ request for pertinent documents.

“We provided everything that we can find that had John Feeney’s name on it,” Reilly said.

Anderson pointed out the minutes of a 1974 meeting of the diocese’s priest personnel board that mentioned reports and testimony regarding Feeney.

Reilly said he hadn’t seen the reports or testimony referenced.

The Merryfields are asking for unspecified compensation from the diocese.

Feeney was sentenced to prison in 2004 for the sexual assaults of both Merryfields. He’s since been released.