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	Judge Still on Priest Abuse Cases, Defends Decision to Release Church Documents By Sam Hemingway Burlington Free Press [Vermont] May 17, 2006 http://www.burlingtonfreepress.com/apps/pbcs.dll/article? AID=/20060517/NEWS02/605170305/1007&theme= Chittenden County Superior Court Judge Ben Joseph on Wednesday put off a decision on whether to withdraw as presiding judge in 19 pending priest sex abuse cases. His withdrawal is being sought by the Roman Catholic Diocese. "I took the motion home but I haven't finished studying it," he said during an emergency court hearing convened to discuss whether to seal the church motion seeking his recusal, or removal from the case, as the diocese had also requested. "Until I make a decision regarding the motion, the case is still assigned to me," Joseph said. "Just filing the motion does not mean I am removed from the case." Joseph said he did not receive the diocese's request that he step down until Monday morning. Joseph said he decided to ignore the diocese's request to seal its withdrawal motion because the church failed to put the request before him in a formal motion, but he delayed a decision on whether to release several hundred pages of documents that accompanied the motion. The diocese, in its 32-page request, claims Joseph issued rulings that were unfair to the church and which forced it to agree to a $965,000 settlement in the first case, brought by Michael Gay of South Burlington. The diocese also argued that Joseph erred by lifting a gag order after the Gay case was settled, jeopardizing the chances of its receiving fair trials in future cases. Jerome O'Neill, the attorney representing the 19 individuals with cases pending against the diocese that allege they were molested as children, said he will fight the diocese's effort to have Joseph removed from the cases. "We see the diocese trying to intimidate the judge, and we intend to file a strong response because the diocese's position has no basis in law or fact," O'Neill said. "The diocese wants to be in charge, to dictate what happens, and in the process it is re-victimizing all those people who were molested by its priests." If Joseph decides not to voluntarily step down from the cases, the matter will be sent to the office of the administrative judge for the court system, Judge Amy Davenport, for resolution. Joseph defended his lifting of the gag order during Wednesday's hearing, saying the answers from questionnaires of potential jurors in the Gay case persuaded him that assembling impartial juries would not be a problem if future priest abuse cases go to trial. "There is no gag order in place," Joseph said. At the same time, he vowed not to release information in any document that might identify alleged victims of priest abuse who have not filed lawsuits or alleged priest perpetrators who have not been the subject of legal action. Attorney Robert Hemley, representing The Burlington Free Press and WCAX-TV, argued that the court should release all documents in the case once it has blacked out any identifying information of individuals the judge believes should be kept confidential. Contact Sam Hemingway at 660-1850 or e-mail at shemingway@bfp.burlingtonfreepress.com
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