Andrew Nicastro Describes Alleged Sexual Abuse by Defrocked Priest Andrew Graves, Says 2 Former Bishops Should Have Prevented It

By Buffy Spencer
The Republican
July 24, 2012

http://www.masslive.com/news/index.ssf/2012/07/andrew_nicastro_describes_sexu.html

Andrew Nicastro

Jurors heard 42-year-old Andrew Nicastro describe how his parish priest in Williamstown sexually abused him about twice a week for about three years when he was between 11 and 14 years old.

Nicastro – apologizing to Hampden Superior Court Judge Constance M. Sweeney when he had to hesitate to clear his tears – said during the same years as he was assaulting him, the former Rev. Alfred Graves was choosing him for the most sought-after altar boy duties.

“I felt special, chosen,” Nicastro said of his altar boy duties at funerals, weddings and other ceremonies.

Graves, then pastor of St. Patrick’s Parish in Williamstown, even sexually assaulted Nicastro in the church during 1981 or 1982 to 1985, Nicastro said.

Nicastro was testifying in his civil lawsuit against two former bishops he said should be held accountable for his childhood abuse by Graves because they were in supervisory positions in the Roman Catholic Diocese and knew Graves had assaulted two other boys before Nicastro.

Lawyers for the Most Rev. Joseph F. Maguire and the Most Rev. Thomas L. Dupre had unsuccessfully tried to have the case dismissed on the grounds the statute of limitations had expired by the time the suit was filed.

The defense lawyers plan to argue at trial that the statue of limitations had run out, they said. The defense will argue Nicastro still could file suit the way the law is written.

Jurors heard opening arguments from lawyers before Nicastro took the stand.

John J. Egan, lawyer for Maguire, said his client will come into court and take the stand when he is called.

Charles K. Bergin Jr., lawyer for Dupre, said Dupre will not testify but a deposition taken from Dupre previously in the case will be shown.

Bergin said there is no evidence Dupre knew that Graves had any previous history of sexual abuse or there had been any complaints against him, so he cannot be held responsible.

Both Bergin and Egan said they believe what Nicastro said about Graves’ sexual abuse, but said only Graves – who is not being sued – can be held responsible.

Egan said, “What happened to Andrew Nicastro at the hands of Andrew Graves should never, ever happen to anyone.”

John J. Stobierski, Nicastro’s lawyer, showed the jury photos of Nicastro at the age he was when he was being abused.

Stobierski said a witness will testify he told Maguire about his own sexual abuse by Graves in 1976 before Graves went to the Williamstown parish. That man said another young man, with his father, were at the meeting with Maguire and reported sexual abuse to that young man too.

Egan said Maguire does not recall meeting with the first young man, but does recall the father and son.

Jurors will have to cut Maguire “a little slack” when he testifies, Egan said, because he is 92 years old, and “the hearing isn’t what it used to be.”

Maguire will testify that he confronted Graves about the allegations from the father and son, and Graves admitted he tried to get into bed and sexually molest the 14 year old boy, Egan said.

Graves promised Maguire it would never happen again, and Maguire expected Graves to keep his word, Egan said.

Maguire told no one else about Graves, Egan said.

Egan said jurors should look at Maguire’s handling of the situation “not in hindsight,” saying “When you’re put back there in 1976, in the light of that different era, that was a reasonable approach.”

The case continues tomorrow with more testimony from Nicastro, who will be followed by other witnesses.

Nicastro, who still lives in Williamstown, is in court with his wife and other family members.

Maguire, bishop emeritus of the Roman Catholic Diocese of Springfield, and Dupre, who resigned suddenly as bishop in 2004 amidst allegations he had molested altar boys in the 1970s, were named in 2009 as defendants in Nicastro’s suit.

Graves has since been defrocked. ?