TOLEDO (OH)
Toledo Blade [Toledo OH]
July 10, 2024
By Elena Unger
The Toledo Catholic Diocese has agreed to pay just over $1 million to three victims in a case where a Roman Catholic priest was sentenced to life in prison on charges related to child molestation.
Michael Zacharias, 57, was found guilty in May, 2023, of sex trafficking of a minor; two counts of sex trafficking of a minor by force, fraud, or coercion; and two counts of sex trafficking of an adult by force, fraud, or coercion.
During the trial, three male victims said Zacharias coerced them into allowing him to perform oral sex on them. The priest offered the victims payments for each sexual act, which allowed the victims to fund their respective opiate addictions. Zacharias was well aware of these addictions and exploited them to keep his victims coming back, said Claudia Vercellotti, who leads the Ohio chapter of the Survivors Network of those Abused by Priests.
“The Toledo Catholic Diocese has long tried to keep these things secret and private,” said Ms. Vercellotti. “They don’t want the exposure, they don’t want the press, they don’t want the accountability from the parishioners, they don’t want more victims coming forward.”
In this case, Konrad Kircher, the attorney representing the three victims, says he was “pleased” with the diocese’s choice to create what is known as an Independent Healing and Reconciliation Program. This is the first time any diocese in Ohio has ever used the model to pay reparations.
Back in August, 2004, the diocese paid $1.19 million to 23 clergy abuse victims in amounts ranging from $4,500 to $150,000. This payout was the result of multiple lawsuits.
This time around, the diocese avoided a traditional lawsuit by engaging with an independent entity to determine appropriate reparations.
The Toledo Diocese contracted with an attorney in Denver who has set up several of these programs throughout the country, Mr. Kircher said. As part of the program, two judges were appointed as administrators to analyze all of the information Mr. Kircher submitted on behalf of his three clients.
They interviewed two of the clients — one is in prison and couldn’t be interviewed — and then made a recommendation to the diocese as to what amount of money was necessary to assist in the healing of the three individuals.
“We were very pleased with how the two judges handled it,” Mr. Kircher said. “They were two female judges, one from Colorado and one from New Mexico, and they were very sympathetic and understanding of my clients. I think they made very fair recommendations.”
Under the Independent Healing and Reconciliation Program, the diocese was only able to say yes or no to the program’s recommendation. They agreed to pay the recommended sum, Mr. Kircher confirmed.
“I’ve represented hundreds of clergy abuse victims, and I think I’ve sued every diocese in the state of Ohio — sometimes a lot more than once — and I’ve been representing these types of clients for 22 years,” Mr. Kircher said. “I will tell you that I think this was the most positive experience I’ve had with any diocese, and I would love to see other dioceses in the state adopt this type of resolution for these claims.”
But for Ms. Vercellotti, a payment is not enough. The diocese needs to engage in a public campaign to apologize and support other potential victims.
“[The diocese] settled a couple of weeks ago,” Ms. Vercellotti said. “Shame on the bishop for not coming out publicly and acknowledging the truth and encouraging victims to come forward to law enforcement.”
Zacharias met two of the three boys as a seminarian at St. Catherine of Siena School in Toledo in 1999. One first met Zacharias in sixth grade and the other in first. Zacharias’ third victim was a younger brother of an original victim.
According to Ms. Vercellotti, it was testified to and unrefuted on the trial record that at least one of the victims came forward and reported the abuse to the Rev. Mike Hohenbrink while in junior high. The abuse continued.
“You’re talking about a man committing crimes in plain view, post reform. And that’s the most significant part of this case,” she said. “Bishop Daniel E. Thomas is quick to say that all staff undergo background checks; clearly that didn’t matter. This rogue cleric, this child predator, started preying on vulnerable kids when they were in grade school.”
The Diocese of Toledo declined to comment, citing the victims’ privacy as its “utmost priority.”