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	Court Rules against Alleged Victims of Church Sexual Abuse By Mark Johnson Associated Press, carried in Newsday February 21, 2006 http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--churchabuse0221feb21,0, 4815412.story?coll=ny-region-apnewyork ALBANY, N.Y. -- The state's highest court ruled Tuesday that the statute of limitations could be used as a defense by Roman Catholic dioceses in two key sexual abuse cases, dealing a setback to people hoping to reinstate cases that had been dismissed. In deciding two cases, the Court of Appeals said those who claimed they were sexually abused by priests in two New York state dioceses waited too long to take their cases to court and failed to show the dioceses prevented them from filing suit sooner. The court made no judgment on the merits of the alleged victims' claims. Nationwide, hundreds of cases have been dismissed because the statute of limitations had expired and many more never get filed for the same reason, according to David Clohessy, National Director of the Survivors Network of those Abused by Priests _ also known as SNAP _ a national support group for clergy abuse victims. In one case, John Zumpano argued the abuse he suffered while in parochial school in Utica from 1963 to 1970 rendered him mentally incapable of bringing a suit before the legal time limit. He argued the Syracuse diocese also tried to conceal the offending priest's wrongdoing to delay or prevent legal action and dissuaded legal action through its control over him. In the other case, 42 plaintiffs argued the Brooklyn diocese should be prevented from raising the statute of limitations defense because it refused to report abuse complaints to authorities, transferred accused priests to new parishes, paid off some who complained of abuse, and did other things to hide the abuse until the statute of limitations expired. The court found otherwise. "Conduct like this might be morally questionable in any defendant, let alone a religious institution, but it is not fraudulent concealment as a matter of law," Judge Carmen Beauchamp Ciparick wrote in her decision. "A wrongdoer is not legally obliged to make a public confession, or to alert people who may have claims against it, to get the benefit of a statute of limitations." Zumpano's civil lawsuit against the Rev. James Quinn, filed in May 2003, was dismissed by a state Supreme Court judge who ruled that state law limits to 10 years any extension of the time to file a suit due to insanity. That decision was upheld in a 6-0 decision. All applicable statutes of limitations in the case expired in 1976. "Obviously, I'm extremely disappointed and vehemently disagree with the decision," Zumpano's lawyer, Frank Policelli, said in a statement. "I firmly believe these issues should be decided by a jury." Quinn has denied the allegations and the Syracuse Diocese said its own investigation found insufficient evidence to document the accusations against him. "It goes without saying that these past three years have been the most difficult of my life and I am anxious to move on and continue to live out my priestly ministry," Quinn said in a statement. The Syracuse diocese said it is continuing in its "vigilant efforts to keep all children safe from harm and to assist in the healing of those sexually abused" by priests. In the second case, 42 people alleged they were abused by 13 priests in the Brooklyn Diocese between 1960 and 1985 when they were children. They filed suit in October 2002. The case was dismissed by a Supreme Court judge who ruled the plaintiffs failed to show due diligence because they didn't pursue their claims for years despite personal knowledge of the abuse. That decision was also upheld by a midlevel appeals court and affirmed by the Court of Appeals in a 5-1 decision. Judge George Bundy Smith, while agreeing the alleged victims had not proven their case to allow the suits to go forward, said he would have allowed them to reargue their claims. "It's tragic that bishops and priests can evade responsibility by hiding behind legal technicalities," Clohessy said. "Because of this ruling, dozens of dangerous predators will not be disclosed and kids will be hurt. Kids are safe when molesters are exposed." Judge Susan Phillips Read, who did not hear arguments in the case, did not take part in the decisions. Frank DeRosa, a spokesman for the Brooklyn Diocese, said the diocese was pleased with the decision. "We left it in the hands of the courts to determine the appropriate responsibility," he said. In the decision, Ciparick said it was up to the Legislature to change the law to allow the decades-old claims to proceed. California and Connecticut have extended the time to allow such cases to be filed.
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