By Sam Hemingway
Burlington Free Press
May 31, 2006
http://www.burlingtonfreepress.com/apps/pbcs.dll/article?
AID=/20060531/NEWS02/605310311/1007
The attorney for 19 alleged victims of priest sexual abuse with cases on file in a Burlington court has accused the statewide Roman Catholic Diocese of waging a "campaign of intimidation" by seeking to have the judge in the cases removed.
"Defendant diocese's motion is a bold attempt to interfere with judicial independence," attorney Jerome O'Neill wrote in his motion opposing the church's push to have Judge Ben Joseph step down. "It is part of a well-orchestrated public relations campaign designed by the defendant diocese to influence judges and jurors in its favor."
O'Neill said other parts of the intimidation campaign include Bishop Salvatore Matano's letter announcing his plan to put the diocese's 128 parishes in individual charitable trusts to protect them "from unbridled, unjust and terribly unreasonable assault."
 |
| Judge Ben Joseph on April 19th, 2006, announces that a settlement was reached between Michael Gay ending his lawsuit against the Roman Catholic Diocese of Burlington at Chittenden Superior Court in Burlington. Photo by The Free Press |
"This phrase undoubtedly has deeper meaning," O'Neill said in his motion, filed with the court late last week. "If the motion to disqualify is denied, the diocese nonetheless ... will have made its not-so-subtle point that any judge who presides over these cases should expect public attacks if the judge does not favor the diocese with its rulings."
David Cleary, the lead diocesan attorney, said Tuesday that O'Neill's protests about the diocese's actions were off base and ignored evidence that Joseph has demonstrated a bias against the church.
"O'Neill's assertions of this grand conspiracy to intimidate are -- as the record amply references -- hogwash," Cleary said.
The harsh words between lawyers for the two sides in the priest sexual abuse cases have been on display since the diocese agreed last month to pay $965,000 to settle the first of the 19 cases.
In that case, Michael Gay of South Burlington claimed that, as an altar boy in 1977 and 1978, he was molested at Christ the King Church by the Rev. Edward Paquette. Fifteen of the 19 cases involve molestation claims against Paquette.
In the aftermath of the Gay settlement, Cleary alleged Joseph had issued so many pre-trial rulings that went in Gay's favor that the church had no choice but to settle the matter out of court.
O'Neill has said the diocese knew the rulings were fair because it would have appealed them to the Vermont Supreme Court if it thought the rulings could be overturned.
To date, Joseph has not responded to the diocese request that he withdraw from the cases. If he declines to do so, chief administrative Judge Amy Davenport would have to make the decision.
On a related matter, the attorney for The Burlington Free Press and WCAX-TV urged Joseph to make public church personnel and other documents once the judge has blacked out information about individuals the judge believes should be kept confidential.
Cleary said the diocese opposes the request because the material was never used in open court and therefore should remain confidential.
Contact Sam Hemingway at 660-1850 or e-mail at shemingway@bfp.burlingtonfreepress.com
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.