Bishop Accountability
	Motions Argued in Abuse Lawsuits By Todd Ruger Quad-City Times August 27th, 2004 http://www.qctimes.com/internal.php?story_id=1033970&t=Local+News&c=2,1033970 The Catholic Diocese of Davenport and plaintiffs alleging decades-old sexual abuse by priests continued to spar Friday about evidence and whether certain lawsuits should be dismissed. . During a Scott County District Court hearing, Judge C.H. Pelton heard arguments on motions for dismissal, on the basis of the statute of limitations, two of 13 lawsuits the diocese faces in Scott and Clinton counties. . Both sides also argued over plaintiffs submitting to mental examinations and whether the diocese should turn over to the plaintiffs copies of requests sent by the diocese to the Vatican to defrock five priests. . Pelton will issue written rulings on the motions that were argued Friday, as well as similar motions argued at a July 30 hearing. The 13 lawsuits are scheduled, about one per month, starting Nov. 1. . Diocese attorney Rand Wonio argued Friday that a lawsuit filed in Clinton County by Don Green should be dismissed because Green knew in 1996 about the effects of the Rev. James Janssen abusing him during a 1982 trip to Knoxville, Tenn. . “It’s the law of Iowa that it must be done within a certain time,” Wonio said of the two-year statute of limitations on sexual abuse cases involving children older than 15 years. “It was not done until 2003.” . Green’s Quad-City attorney, Craig Levien, argued that his client qualifies for exemptions in the statute of limitations and said a jury should determine whether fraudulent concealment by church officials or mental illness prevented the plaintiffs from filing their lawsuits in a timely manner. . Green was incapable of filing the lawsuit before 2003 because of the mental harm caused by the abuse, Levien told the judge. . While Green worked successfully at a job and started a family, “that does not mean he was able to confront his church and his priest and sue them,” Levien said. . A similar motion was argued in a lawsuit filed in Clinton County by a man identified only as “John Doe IA.” . Pelton ruled in July against similar efforts by the diocese to dismiss lawsuits filed by James Wells and a man identified only as “John Doe III” based on the statute of limitations. . The judge’s written decision stated that a jury should decide whether the plaintiffs qualify for possible exemptions in the statute. . The diocese has asked the Iowa Supreme Court to review Pelton’s ruling on those cases. . In arguments Friday regarding Green’s lawsuit, Levien told Pelton he thinks the court’s policy on the cases should be: “What kind of world is it that we want to live in?” . If a similar situation occurs in any type of church or organization, will the court permit them to conceal the abuse and “then, when it finally sees the light of day, say, ‘You waited too long?’ ” the attorney added. . Wonio said that while emotion and sympathy abound in such cases, the diocese is only asking that the law be followed. . “Mr. Green came to the law,” he added. “He came to the law for money. We expect he will ask for a lot of money.” . Wonio also argued against turning over copies of the requests sent to the Vatican to defrock five priests, including Janssen, saying they are protected by the First Amendment. . He said Levien already has the proof of sexual abuse in diocese documents previously given to the plaintiffs and that the the diocese would be foolish to go to trial and argue that abuse by Janssen did not occur. . “No one can throw him in jail,” Wonio said of Janssen, “although that might be a good place for him.” . Todd Ruger can be contacted at (563) 383-2493 or truger@qctimes.com.
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