Updated: Settlement Reached in Civil Trial of Bishops
By Father Bill Pomerleau
Andrew Nicastro, a Williamstown man who was abused by former priest Alfred F. Graves from 1982 to 1985, agreed to a $500,000 settlement with Springfield Bishop Emeritus Joseph F. Maguire and former Springfield Bishop Thomas L. Dupre on July 27. The agreement, which was worked out late July 26, ended a dramatic trial which featured emotional testimony by Nicastro, his family members and two priests who testified to the harm caused by the Graves. “The testimony was compelling,” said John Stobierski, Nicastro’s principal attorney. Speaking at a press briefing on the steps of the Hampden County Hall of Justice after the trial, Stobierski said that while he was confident that his client was winning his case in the trial, other factors persuaded him to settle out-of-court. “We were warned that, even if we won, we would have faced two more barriers. First, they (the bishops) would have appealed. Second, even if we won on appeal, we would have had to sue their insurance companies to actually receive any money. That process might have taken another three to five years,” Stobierski said. “I can’t comment on what cynics might say,” Stobierski responded when asked what he would say to someone who suggested that the case was actually about money. He said that the case not only brought justice to his client, but also might give other abuse victims the courage to come forward to tell their stories. During the press conference, both Stobierksi and Nicastro said that the case was never about money. However, during a Sept. 17, 2009 Northampton press conference announcing that he had filed suit against the bishops, Nicastro told reporters that he was seeking adequate financial compensation for the abuse he had suffered. A reliable source told iobserve.org that as recently as a week ago, Nicastro’s attorneys were asking for a sum considerably higher than what was finally agreed to in today’s announcement. Also, other sources close to the case have indicated the original amount demanded exceeded $2 million. When Nicastro initially told his story to the diocese in late 2008, he sought only counseling, not financial compensation. After retaining a lawyer, he refused a diocesan offer to reach a settlement though mediation, and opted to go to court. Stobierski also noted that during the trial, statements that his client made to diocesan investigators were used against him. When victims come to the diocese they should be free “to just let everything spill out and not hold something back. Having it be used against Drew will have a chilling effect on victims coming forward in the future,” Stobierski said. Lawyers for the bishops introduced evidence that Nicastro had told diocesan officials in 2008 that he had previously met with Father William F. Cyr, the pastor of St. Patrick Parish in Williamstown in 2000 or 2001, to tell him that he had been abused. Nicastro’s attorneys first tried to exclude testimony from Father Cyr about the meeting, then denied that the meeting had taken place. This change brought a rebuke from the poresiding judge after the jury had been dismissed towards the end of the July 26 session. Had the case continued, jurors would have seen portions of a videotaped 2010 deposition, during which Bishop Dupre repeatedly invoked his Fifth Amendment to remain silent lest he be incriminated in other matters. In a July 26 procedural ruling in the absence of the jury, Judge Constance Sweeney said that she intended to instruct jurors that they could make inferences about Bishop Dupre's involvement in the Graves matter after they heard the videotape. John Egan, Bishop Maguire’s principal attorney, said in his opening statement at the trial that his client would testify that Bishop Dupre had no knowledge of then-Father Graves’ earlier misdeeds, since he (Bishop Maguire) handled the matter himself. The out-of-court settlement means that the public will not hear those details about Bishop Maguire’s early handling of clergy sexual abuse cases. Jurors also would have heard live testimony from Bishop Maguire, who was expected to explain what exactly he did when earlier victims reported abuse to him in the 1970s. However, the Diocese of Springfield and its bishops have previously said that before the mid-1980s, bishops commonly believed that abusive priests could safely be returned to ministry after spiritual counseling or therapy. Throughout the trial, Jesuit Father Mark J. Burke was a key figure for the plaintiff. He was present throughout most of the proceedings, and testified about how he had helped Nicastro to understand how his childhood abuse had caused him psychological harm in adulthood. Reading from a prepared statement at the press conference, the former administrator of Sts. Patrick and Raphael Parish in Williamstown, said, “Tragically, the basics of Drew’s story have become all-too-familiar to American Catholics. Many have left the church in disgust; many have become demoralized, and yet remain ... “The words of Joseph Ratzinger seven years ago have never seemed truer: ‘How much filth there is in the church, and even among those who, in the priesthood, ought to belong entirely to Christ?’” Father Burke added that some church officials “have seen this, and repented. Some, though, live in denial and continue to minimize.” During the trial, Nicastro’s wife, Leigh-Ann Nicastro, testified that the Jesuit priest was her husband’s best friend. Father Burke testified that when the diocese was slow to respond to Nicastro's psychological needs, he urged him to take further action, Father Burke told iobserve.org that when he disagreed with the details and pace of the diocesan therapy plan for his friend he referred Nicastro to Stobierski. Father Burke said that diocesan victim assistance coordinator Patricia McManamy refused to authorize twice-a-week therapy sessions with Lenox therapist Jesse Goodman. He also said that McManamy disagreed with Nicastro’s choice of therapist. McManamy told iobserve.org that, to protect the privacy of her clients, she generally does not comment on the therapy plans that abuse victims follow after they approach the diocese. However, she did say that in this case, she did authorize Goodman’s treatment, even though she initially was uncomfortable with the psychoanalyst’s proposal to begin with several “rapport building” sessions with Nicastro. She said that Nicastro’s contention that the diocese will not pay for more than once-a- week therapy is not true. “Once we are presented with a reason why more therapy is needed, we authorize and pay for it," she said. "There are other victims who are seeing someone more than once a week.” McManamy acknowledged that she did ask Goodman to give a discount on his hourly rate if he were to see Nicastro twice a week. But neither Goodman nor Father Burke remained in contact with her as Nicastro’s treatments began. “Throughout this process, I was continuously told that Father Burke was arranging for therapy. We have been paying Dr. Goodman’s invoices since shortly after Drew came to us,” McManamy said. In a prepared statement after the trial, Bishop Maguire said: "Today’s settlement I hope will bring some measure of healing to Andrew Nicastro and his family. Sadly, they have suffered greatly by this terrible abuse. Although I intend on writing them personally to express my sincere sorrow, I also wish to make this statement which in some ways represents what I would have testified to in court. “I am truly sorry for all that Mr. Nicastro suffered and the hardships it has brought in his life. I only wish that in 1976 as a new bishop, I could have foreseen the true nature of one who violated our trust with such devastating harm to his victims. I pray for these victims and their families, for their forgiveness and understanding. “We have learned much in the intervening years. Our Catholic Church has made great efforts in addressing these issues promptly and with determination that we should never repeat our past failures. “Since I was called to serve the people of the Diocese of Springfield, I have strived to be a faithful and caring bishop. That in this instance I was unable to protect young people from abuse is an enduring and deep regret. “I ask the good people of western Massachusetts to join me in offering prayers for Mr. Nicastro and all victims of abuse. May they know God’s love and compassion in their healing," Bishop Maguire said in the statement.
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