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  Lawyers for Alleged Victims, Church Meet Today in Court
Talks to Be Held on How to Proceed with Sex Abuse Suits

By Jean Torkelson
Rocky Mountain News [Denver CO]
May 31, 2006

http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_4738355,00.html

Attorneys for 29 men and one woman who have sued the Archdiocese of Denver, claiming they were molested as youths by two former priests, are expected to join church lawyers today in Denver District Court to discuss how to proceed with the cases.

The open hearing is scheduled for 1:30 p.m. in Judge Joseph E. Meyer's courtroom.

In the routine process, plaintiffs and defendants hash out procedural issues such as organizing the witness list and whether it would be beneficial to consolidate similar cases.

All the lawsuits involve two priests, one dead, one defrocked, who are alleged to have abused the plaintiffs when they were growing up in the 1960s and '70s.

Behind the scenes, plaintiffs' lawyers are also assessing an offer made last week by the archdiocese to have the cases mediated by Judicial Arbiter Group Inc.

The 22-year-old arbitration and mediation firm, co-founded by Richard Dana, a former judge, handles cases all over the country.

Joining Dana in the mediation effort is Denver Deputy Police Chief Heather Coogan and John "Jack" Dahlberg, a rehabilitation expert in catastrophic injuries.

Dana and Archbishop Charles Chaput said during a news conference last week that the church will provide any documents or information needed for mediation and that the church won't have any decision- making role.

Jeff Anderson, a Minnesota attorney who has litigated sex abuse cases nationwide, said the church's offer is being studied.

Anderson is lead attorney on 11 cases filed in Denver.

"If (the archdiocese) has put out a good faith offer toward resolution, we'll make a good faith response," he said.

Miami-based attorney Jeff Herman, who is lead attorney on 19 cases, said Tuesday that he's cautiously optimistic about the mediation offer. But he added, "I have some concerns about the archdiocese dictating the terms."

Herman said he wouldn't comment on previous offers of mediation, which Chaput says were ignored by plaintiffs' attorneys.

Herman also questioned whether the process provides adequate "transparency" for victims, who would like to see the archdiocese reveal the names of every priest ever accused of sexual abuse.

"I can't define (full transparency) right now," Herman said, adding that he understood it was a serious matter to publicly accuse someone of being a pedophile.

However, he argued that an open- records policy would embolden victims who as yet "are living in silence and embarrassment and who don't have the wherewithal to come forward."

The archdiocese's communications director, Jeanette DeMelo, said that, given the reputation of Dana and his Judicial Arbiter Group, it would be hard not to regard the mediation offer as fair and objective.

Opening all church records is beyond the scope of the offer, she said, but the archdiocese has repeatedly encouraged anyone who has suffered sex abuse to come forward.

"We're committed to giving Judge Dana whatever information he needs (to reach settlements)," she said. "We're looking to heal these victims and providing them the information that allows them to heal."

 
 

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