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	Abuse Suit Should Go to Trial, Judge Rules Catholic Diocese Had Asked for Dismissal of Case By Frank E. Lockwood Lexington Herald-Leader [Kentucky] September 22, 2006 http://www.kentucky.com/mld/kentucky/news/local/15579608.htm A Fayette Circuit Court judge yesterday declined to throw out a sex abuse lawsuit against the Catholic Diocese of Covington, saying a jury should decide the case. Judge Mary Noble set a trial date of June 4 for the civil suit. Samuel Greywolf alleges that he was sexually abused by Father John B. Modica in the rectory of a Lexington church in the fall of 1974. At the time, Modica was assistant pastor at Mary Queen of the Holy Rosary parish in Lexington, which was part of the Covington diocese at the time. The priest, questioned by Greywolf's attorney, took the fifth amendment, declining to confirm or deny the allegations. A letter from a priest, included in the court filings, showed concern that Modica "had trouble with boys" in the 1970s. In 1978, he was caught smuggling marijuana into the Kentucky State Reformatory in La Grange. In court documents, the diocese said Greywolf waited too long to bring the lawsuit. The diocese also characterized Greywolf's testimony as "incredible, unreliable and largely inadmissible." The diocese recently settled a class-action suit that was brought by more than 350 victims of sexual abuse, agreeing to an $85 million settlement. But they refused to include Greywolf, noting inconsistencies in his allegations. One example -- Greywolf initially said he was 13 or 15 when he was victimized, court records show. He now says he was 17. "We don't find the claim credible," diocesan attorney Carrie Huff said in an interview. "If we did find it credible, we would have settled it." Greywolf's attorney, Chuck Arnold, argued that by taking the fifth amendment, Modica had essentially admitted his guilt. Arnold suggested Greywolf's memory problems may be related to the trauma he suffered as a result of the abuse. Noble said jurors should determine whether Greywolf's claims are credible. "I do think that under Kentucky law, it's something that has to go to trial," she added. Arnold said afterward that it's difficult to win on summary judgment. "We'll move forward ... and get the case tried," he said. Reach Frank Lockwood at (859) 231-3211 or 800-950-6397, ext. 3211.
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