BishopAccountability.org
	Judge Won't Voluntarily Withdraw from Priest Sexual Abuse Cases By Sam Hemingway Burlington Free Press June 6, 2006 http://www.burlingtonfreepress.com/apps/pbcs.dll/article? AID=/20060606/NEWS02/606060305/1007/NEWS02&theme= Judge Ben Joseph has declined a request by the Roman Catholic Diocese of Burlington to voluntarily step down as the presiding judge in 19 pending priest sexual abuse cases and asked an administrative judge to decide his status. Joseph, in a one-page order filed in Chittenden Superior Court late last week, wrote that he had chosen to refer the diocese's request that he withdraw from the cases to Judge Amy Davenport, the administrative judge for the trial courts. Joseph was on vacation Monday and could not be reached for comment. Lawyers for the diocese have argued that Joseph wrote a series of biased pre-trial rulings in the first of the 19 cases, a claim filed by Michael Gay of South Burlington that, as an altar boy at Christ the King Church 29 years ago, he was molested by the Rev. Edward Paquette. The diocese settled the case for $965,000 April 19, the day before the trial was to begin. Joseph then lifted a gag order and made public diocesan personnel records and other papers connected with the abuse allegations. David Cleary, the lead attorney for the diocese, argued in court papers that Joseph's rulings forced the diocese to settle the case and that the decision to lift the gag order had jeopardized the church's chances of receiving fair trials when the other cases are heard. Jerome O'Neill, the attorney representing the 19 alleged priest sexual abuse victims, has argued that the church was engaged in judge-shopping and a "campaign of intimidation" designed to influence judges and jurors to make decisions more favorable to the diocese. Vicky Harty, administrative assistant to Davenport, said Monday that it was unclear whether Davenport will convene a hearing in the diocese's "recusal" motion before deciding whether Joseph can continue to preside over the priest sexual abuse cases. "The judge has not had an opportunity to see it yet," Harty said of the withdrawal request. "It all depends on the issues raised as to whether she has a hearing or is able to make a decision" based solely on written arguments on the matter. Diocesan lawyers last week also filed a motion asking Joseph to dismiss some of the claims pending in the next priest sexual abuse case scheduled to go to trial this summer. Lawyers for the church and the accused priest, the Rev. George Paulin, contend that the alleged victim's story conflicts with his mother's memory of the incident and that the span of time allowed for the victim to file a lawsuit has long since expired. The Free Press does not identify the names of individuals who have alleged being sexually abused without their permission. Contact Sam Hemingway at 660-1850 or e-mail at shemingway@bfp.burlingtonfreepress.com
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