Firm Denies Liability for Possible Damages in 22 Pending Cases
By Sara Burnett
Rocky Mountain News
October 6, 2006
http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_5047211,00.html
At least 17 times, William Mueller, a former Catholic brother, lured students to private corners of the all- boys Roncalli High School, covered their faces with rags soaked in ether or chloroform, waited for them to pass out and sexually assaulted them, lawsuits filed in Pueblo district court allege.
In all, 21 former students are seeking damages from the Diocese of Pueblo and the Marianist religious order, of which Mueller was a member. All say they were victimized by Mueller, a teacher, between 1966 and 1971 at the now-closed Pueblo school owned and operated by the diocese.
Normally, a diocese's insurance policy would cover most, if not all, such claims. But in U.S. District Court this week, an insurance company the diocese says held its policies at the time of the alleged assaults argued it isn't liable.
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| Arthur N. Tafoya |
Should some or all of the alleged victims and the North River Insurance Co. succeed in court, the Pueblo Diocese could be on the hook for millions of dollars in damages.
And if the diocese couldn't pay, an attorney for the "John Does" and others who have sued the church threatened to go after its property.
Theresa Farley, director of human resources for the Diocese of Pueblo, said Thursday the diocese believes it is covered by the policies.
"We will resist the (insurance company's) lawsuit" to avoid liability, she said.
The diocese had no other insurance carrier at the time of the alleged assaults, Farley said.
She refused to release information on the diocese's financial situation because the diocese is not a public entity.
"It's not something that we give out," Farley said.
'Significant cases'
Jeffrey Herman, attorney for the 21 plaintiffs and another man suing a former Diocese of Pueblo priest, said two of the cases request more than $10 million, while the others ask for unspecified amounts.
"We see these as significant cases," Herman said.
He also said he isn't concerned about the insurance company lawsuit. Even if a court agrees with North River, he's confident the diocese has enough assets to cover any damages, including property throughout Colorado.
"If we need to, that's always available," he said.
According to a federal complaint by the New Jersey-based North River, the Diocese of Pueblo informed it in October 2005 that 14 lawsuits had been filed by former students of Roncalli High School. In June, the diocese notified the company of eight more.
The diocese requested coverage under two policies it claimed were issued by North River - one covering the diocese from 1968 to 1971, the other from 1971 to 1974.
It provided the company with documents the diocese said supported the existence of the policies, including a 1966 policy jacket, the North River's lawsuit states. The diocese also said it had a $5 million catastrophic claims policy.
But North River says it has no record of the policies and that the documents the diocese provided don't prove the policies existed.
Even if the diocese were covered, North River should not be required to pay any damages because the diocese knew when it placed Mueller at the school that he was likely to abuse, the company's suit states.
Abuse reported, students say
In most of the lawsuits filed against the diocese, former students say Mueller asked them to stay after school or lured them into a band or storage room to help him with a "top-secret" psychological experiment.
Often, he said the experiments were for a master's thesis in psychology on why men weren't joining the priesthood.
In another case, a former student claims Mueller fondled him repeatedly, telling him it was part of a school uniform inspection.
Another says Mueller, the band teacher, had him practice the trombone in the nude, then assaulted him while he played.
Some of the students said they reported the abuse to school officials but that no one did anything about it.
Seventeen former students are identified in their lawsuits as John Does. Three used their names, while two others go by their first and last initials.
About half of the men still live in Colorado. The others are living out of state. One lives in Switzerland.
Mueller reportedly lives in San Antonio.
When the first lawsuits were filed last year, the Diocese of Pueblo sent a letter to all Roncalli alumni, alerting them to the complaints and asking them to contact the Marianist order with any questions or concerns.
The diocese said it received no complaints about Mueller until the first lawsuits were filed.
It also said few people who were in administrative positions at the time of the alleged abuse are still living, and that information was tough to come by.
"In the light of new complaints being made against former Brother Mueller, I wish to state that I am truly sorry for any harm and pain that has been suffered by victims of sexual misconduct," Bishop Arthur N. Tafoya wrote in an undated statement posted on the diocese Web site.
"Please remember that there are many priests, deacons and religious who are ministering capably and faithfully to the people of the Diocese of Pueblo; it is important that they know how much they are appreciated."
William Mueller
• Age: 67
• Religious order: Former brother in the Marianist Province of the United States
• Status: Voluntarily left the religious order in 1986
• Current residence: San Antonio
• Place of alleged abuse in Pueblo: Roncalli High School for boys. Mueller taught there from 1966 until it closed in 1971.
• Subsequently taught: Catholic high schools in San Antonio and St. Louis; was fired from those positions, according to head of Marianist order, Rev. Stephen Glodek, in letter to alumni of those schools
• Spent time: Treatment center for troubled priests in Jemez Springs, N.M.
• Lawsuits: As of June, 21 lawsuits had been filed in Pueblo District Court against the diocese and Marianist order, alleging negligent supervision of Mueller in 1960s and 1970s. Other suits reportedly filed in Texas and Missouri.
• Mueller's response to allegations: Denies them.Sources: Rocky Mountain News, Cbs 4, The Pueblo Chieftan, Bishopaccountability.Org
The accusations
• John Doe
In fall 1970, Mueller asked the Roncalli High School junior to participate in a psychological experiment for his graduate school thesis. Mueller put Brylcreem in the student's hair, then covered his mouth with a cloth soaked in ether or chloroform. He then assaulted him, the former student said.
• Tom Monroe, 53, of Pueblo
Monroe, who played trombone in the band, said Mueller told him during private lessons to take off his clothes because he would play better in the nude. On five occasions, Mueller fondled Monroe while he was naked. When Monroe told a guidance counselor, the counselor allowed him to withdraw from band, but no action was taken against Mueller.
• John Doe 11
Mueller asked the senior to meet him on a Saturday night to help with a psychological experiment on why brothers were leaving the Marianists. Mueller asked the student to take off his shirt and face the wall. He then blindfolded him and placed a cloth soaked in ether over his face. Mueller attempted to abuse the student until he woke up and "began to panic."
• John Doe 12
In February 1971, Mueller asked the student, then 15, to meet in the band room after school to help with a "special project." When the student walked in, he found a handwritten note telling him to sit down with his back to the door. Minutes later Mueller entered the room, blindfolded the student and tied his hands together. He then put an ether-soaked cloth over his mouth and sexually abused him.Note: Monroe Was One Of Three Alleged Victims Who Allowed His Name To Be Used In The Suit. Source: Lawsuits Filed By Former Roncalli High School S ...
A look at the Diocese
• Catholic population: 115,000
• Clergy: 54 priests, 34 deacons
• Diocese comprises: 48,000 square miles, 52 parishes and 54 missions
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