Andrew Nicastro Announces $500,000 Settlement in Civil Lawsuit against Two Retired Springfield Bishops

By Buffy Spencer
The Republican
July 27, 2012

http://www.masslive.com/news/index.ssf/2012/07/andrew_nicastro_announces_5000.html

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7-27-12 - Springfield- Republican Photo by Mark M.Murray- Andrew Nicastro, and his wife Leigh-Anne , outside the Hampden County Courthouse during a press conference with his lawyers , following the settlement of his case against two former Bishops in the Springfield Catholic Diocese friday.

Andrew Nicastro announced today that a $500,000 settlement has been reached in his civil lawsuit against two retired bishops of the Roman Catholic Diocese of Springfield.

John Stobierski, Nicastro’s lawyer said discussions of a settlement began two weeks ago and accelerated last night after “emotional testimony” from Nicastro, his wife, and his father over the last few days in Hampden Superior Court.

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

Nicastro, of Williamstown, said the two retired bishops knew now defrocked priest Alfred Graves had molested two boys in 1976 but allowed him to keep serving as a priest.

Nicastro was molested from about 1981 or 1982 to 1985 when Graves was a priest at St. Patrick’s in Williamstown.

Stobierski said Nicastro feels the settlement shows that those who permitted Graves to molest him have come forward and accepted enough responsibility to satisfy him.

Nicastro said the settlement sends a message to people who still “suffer in silence, suffer in shame” that “you have to find the inner strength to come forward.”

“If you have to find me come find me and I will come forward with you. I will help you,” he said.

Stobierski said the settlement was reached with both retired bishops.

Asked if the money will come from insurance, he said he doesn’t know how it will be paid.

Both Nicastro and Stobierski said all along the case was not about the money but about accountability.

Stobierski said the fact that the defense used statements Nicastro allegedly said to Diocese personnel and investigators in trying to defend against Nicastro’s claim is “fundamentally unfair.”

He said when victims report abuse to the Diocese they should be free “to just let everything spill out and not hold something back. Having it be used against Drew chills, will have a chilling effect on victims coming forward in the future. I think it’s wrong.

Stobierski said, “We thought that we were having a very successful trial” but even if there had been a verdict in Nicastro’s favor, lawyers for the two bishops were going to appeal.

If there was success in the appeal for the 42-year-old Nicastro, “then we were told we would in all likelihood have to sue the insurers for the money” and that would mean there would be a three- to five-year court battle altogether.

Stobierski, who tried the case along with lawyers Danielle Barshak and John P. Connor, said the state House of Representatives recently passed a bill to loosen the statute of limitations, which was a problem in this case, in these type of cases.

John J. Egan, lawyer for Maguire, deferred to the Springfield Diocese, which was not named in the suit, for comment. The Diocese released a statement by Maguire.

Dupre's lawyer, Michael O. Jennings, declined to comment on the settlement.

Stobierski said it is the first case in the last eight years of clergy sex abuse that has been tried in Massachusetts.

He said it is among the highest settlement in these types of cases for an individual in Massachusetts.

The settlement means the jury, which was dismissed early Friday, would not hear from the 92-year-old Maguire.

In his opening statements John Egan, Maguire’s lawyer, said Maguire would testify he confronted Graves about a complaint of a sexual assault by a different boy in 1976 while Graves was at a Springfield parish. Egan said Maguire will testify Graves admitted the behavior toward the other boy, and said he wouldn’t do it again.

Retired Bishop Joseph F. Maguire giving a blessing to newly ordained father.

Egan said that was a reasonable response by Maguire for that time period, and Maguire shouldn’t be held responsible for Graves’ sexual assaults on Nicastro in the early to mid 1980’s.

Nicastro, standing with wife Leigh-Anne Nicastro and his parents and sister, said, “I started this 3? years ago. I am stronger today and I’m getting stronger every day and the healing continues....I’m blessed with the love of an incredible family, parents, wife and children.”

He said he had “the sharpest” legal team and thanked them for the years of work “in my corner.”

Also with Nicastro at the press conference was the Rev. Mark J. Burke, a priest who Nicastro said in 2008 finally helped him realize the way Graves’ sexual assaults had caused him to become a person ruled by angry outbursts, suffering depression, and unable to connect emotionally with people.

“Too many children have suffered, and continue to suffer in this way,” Burke said. “Tragically, some have taken their own lives, fallen into substance abuse, or become self-destructive in other ways.”

“Tragically, the basics of Drew’s story have become all too familiar to American Catholics,” he said. “Many have left the Church in disgust; many have been demoralized, and yet remain.”

Stobierski said Nicastro showed extreme bravery. “I’m in awe of him doing what he’s done to get to this place,” he said.