Church, abuse victims plan child protection efforts

By Jean Hopfensperger
Star Tribune
October 12, 2014

http://www.startribune.com/local/278961701.html

St. Paul attorney Jeff Anderson represents victims of clergy sex abuse.

A landmark settlement appears near in a clergy sex abuse lawsuit that has already forced the church to disclose the names of dozens of priests accused of abuse and the files documenting their actions.

Attorney Jeff Anderson and officials from the Archdiocese of St. Paul and Minneapolis said Sunday that they would unveil a “historic child protection action plan” at a news conference Monday, but sources told the Star Tribune the plan is part of a deal to settle the suit filed against the Archdiocese and the Diocese of Winona.

The agreement, including undisclosed financial terms, is to be presented to Ramsey County District Court Judge John Van de North Monday morning, before the 1 p.m. news conference.

“This will be the first time in 30 years Anderson has stood with archdiocese officials to work in cooperation for child protection,” said a news release from Anderson’s office Sunday.

Neither Anderson nor Archdiocese officials would provided any further details on the child-protection plan or proposed settlement Sunday.

Anderson represents an alleged victim of the former priest Tom Adamson in the Ramsey County case. The suit alleges that Adamson was a known abuser in the diocese of Winona before he was transferred to the archdiocese, where he allegedly abused the plaintiff in the mid-1970s at a St. Paul Park church.

The suit filed by a plaintiff identified as John Doe I, has already resulted in an unprecedented public release of names priests who have sexually abused children and more than 50,000 pages of documents showing how the church responded. Last month a judge ruled that Doe could pursue a public nuisance claim against the church for its pattern of moving known offenders to other parishes where they could re­offend.

The proposed settlement would cover both the public nuisance and negligence claims. The public nuisance claim had drawn national interest, because it was the first time such a legal tactic had been used in a clergy abuse lawsuit.

The provisions of the settlement would apply to both the archdiocese and the Diocese of Winona. If approved by the judge, the settlement will halt the scheduled Nov. 3 trial for the public nuisance claim and a January trial for the claim of negligent supervision and retention of clergy.

Van de North’s public nuisance ruling allowed attorneys for the alleged victim of sexual abuse to examine all evidence pertaining to all clergy abuse across the Roman Catholic diocese and not be limited solely to the abuse committed by a particular priest.

It also allowed Anderson to continue extracting church evidence of abuse, up to the present, even though his client allegedly was abused nearly 40 years ago and forced sworn testimony from top church officials such as Archbishop John Nienstedt, former Archbishop Harry Flynn and former vicars general Kevin McDonough and Peter Laird.

In agreeing with attorneys for the alleged victim who argued that the church created a public nuisance by moving known child sex offenders from parish to parish, Van de North ruled “Failing to disclose information about an accused priest is akin to, and conceivably more offensive and dangerous, than other acts that have been considered public nuisance.”

That ruling and the proposed settlement may have implications for church officials in dioceses across Minnesota. While judges in abuse lawsuits in three dioceses — Duluth, New Ulm and Crookston — have denied the nuisance claim, Anderson has said his law firm would bring new cases that argue public nuisance.

Archdiocese officials insisted last month they had expected Van de North’s nuisance ruling, but maintained that the nuisance claims had no merit. “The claim formulated here is far outside the parameters of most, if not all, public nuisance claims litigated in Minnesota,” said archdiocese attorney Tom Wieser.

But the continuing revelations have tarnished the reputation of the church and Nienstedt, who has been under fire for not doing enough to prevent priests who had been credibly accused of child abuse from molesting more victims.

There have been persistent calls for his resignation, although Nienstedt has vowed to remain in his post.