Delbarton Lawsuit against Former Mendham Man's Lawyer Is 'Intimidation'

By Phil Garber
Observer-Tribune
December 3, 2013

http://newjerseyhills.com/observer-tribune/news/delbarton-lawsuit-against-former-mendham-man-s-lawyer-is-intimidation/article_66ec6cb2-3d58-11e2-b0ef-001a4bcf887a.html

MENDHAM – To Bill Crane, a lawsuit filed by the Delbarton School against his lawyer  is one more tactic of intimidation in the ongoing battle by Crane and others to uncover victims who were sexually assaulted by priests at the school.

The former Mendham resident knows about the subject. He and his twin brother Tom, 46,  filed a  lawsuit in March alleging that they were sexually abused as youngsters by Rev. Luke Travers, a former Delbarton headmaster, and Rev. Justin Capato, a former Delbarton teacher.

Last month, Delbarton filed a lawsuit in Superior Court in Morristown claiming Crane’s lawyer, Gregory Gianforcaro of Phillipsburg, violated a confidentiality agreement by publicly disclosing terms of a 1988 settlement of a lawsuit filed by a teenager who was a victim of sexual misconduct by a monk at the school.

Neither Anthony Cacatiello, a spokesman for Delbarton nor Michael Critchley, the Delbarton lawyer, could be reached for comment.

The suit, filed by the Order of St. Benedict of New Jersey, alleges that Gianforcaro violated an agreement made with the teen’s previous attorney involving the settlement. It claims that Ginaforcaro is  trying to "advance (his) own financial interests by attempting to improperly inflate the value of cases (he) has pending" against Delbarton and by trying to attract additional clients.

The suit came after Gianforcaro had held a news conference in Morristown to discuss the victim’s lawsuit asking that he be released from the confidentiality agreement. In its suit, Delbarton threatened to demand return of the settlement whose terms have not been announced publicly and for other penalties.

Gianforcaro also represents the Cranes and four other men who sued this year alleging sexual abuse and/or sexual misconduct by Delbarton monks.

Bill Crane said the lawsuit against Gianforcaro is aimed at chilling other victims of priests at Delbarton from making their  stories public.

“It’s a desperate move by Delbarton,” said Bill Crane, who now lives in Washington state. “There has been a tremendous amount of intimidation.”

Gianforcaro agreed.

“This is nothing more than trying to intimidate the victims and the lawyers who represent them,” he said.

Being able to speak about past  abuse is vital to recovery because a child who has been abused loses “all power and control.” Ginaforcaro said. 

“When a victim musters up enough courage to come out and is force by a settlement to keep quite all it does is force him to have a lack of power and control. It’s an extension of the abuse,” Gianforcaro said.

Gianforcaro said the suit against Delbarton asks that the confidentiality agreement be stricken. He said the former victim is not seeking additional money.

“He is not asking for any money whatsoever,” Gianforcaro said. “This is just so he can speak about the matter.”

Gianforcaro said the lawsuit against him flies in the face of a vote by the U.S. Conference of Bishops at their 2002 conference in Dallas,Texas. The bishops included in the so-called Dallas Charter for the Protection of Children and Young People a measure to prohibit confidentiality restrictions in lawsuits against the Catholic Church. Delbarton subsequently agreed to abide by the confidentiality prohibition.

Though the 1988 Delbarton settlement predated the 2002 conference, Gianforcaro said the school should still live by its vow to prohibit confidentiality.

“Delbarton vowed to be transparent and open,” Gianforcaro said.

He also cited a July 5, 2002, letter from the Right Rev. Thomas Conroy, then president of Delbarton who said, “While communication on these subjects is difficult, such efforts are essential for the preservation of  trust and the long term reputation of the monastic and educational community.”

Gianforcaro’s client was between 13 and 15 when he was abused by the Rev. Timothy Brennan. Brennan pleaded guilty to criminal sexual conduct in 1987 and was sentenced to six months in a facility for clergy offenders, a year’s probation and a $30 fine. He remains a monk and lives in a facility where he is not to have no contact with the general public, Delbarton officials said.

Gianforcaro said that soon after the 2002 letter from Delbarton, his client, who has not been identified, asked that the school withdraw the confidentiality clause in the 1988  settlement.  Delbarton refused in the strongest of language.

“He was threatened that if he ever violated the terms of the confidentiality agreement that they would vigorously seek to enforce the provision of the confidentiality agreement,” Gianforcaro said. “And if there were any violations of the agreement (Delbarton) would hold my client personally responsible for any harm or damages to St. Mary’s Abbey.”