BishopAccountability.org
	Soens Lawsuit a Rare Legal Case By Shirley Ragsdale Des Moines Register [Iowa] October 16, 2006 http://desmoinesregister.com/apps/pbcs.dll/article?AID=/20061016/LIFE05/610160338 If and when Michael Gould gets his day in Scott County District Court, he will have accomplished something that no Catholic short of the pope has managed — calling to account a U.S. Roman Catholic bishop accused of child sexual abuse. On Friday, Judge C.H. Pelton indefinitely postponed Gould's lawsuit against retired Sioux City Bishop Lawrence Soens and the Diocese of Davenport. Earlier in the week, Pelton dismissed Iowa City Regina Education Center from the lawsuit, the same day the diocese filed for Chapter 11 bankruptcy protection. That action precipitated the delay of the trial, which was scheduled to begin Oct. 23. "The bankruptcy stopped any action in the trial against the diocese," said Craig Levien, Gould's attorney. "The judge continued the case because it would be costly to have two trials, one starting Oct. 23 against Soens and another at a later date against the diocese. We don't disagree with that." The significance of the lawsuit, however, is not diminished by its delay. Although about a dozen U.S. Roman Catholic bishops have been accused of sexual impropriety, none have been held publicly accountable in a state district court. Gould, a Florida resident, and 14 other men have sued Soens and the diocese, alleging they were abused by Soens when they were students at Regina High School and Soens was a diocesan priest and principal there. The men say Soens, who is accused of being a sexual sadist, pinched and twisted their nipples so hard that he left ugly purple bruises, and that he fondled and pinched their genitals. Diocesan Attorney Rand Wonio has said that all of the allegations against Soens have been sent to the Vatican. Davenport Bishop William Franklin, who retired Tuesday, in 2005 said the diocese had settled an abuse claim against Soens for $20,000 and that the diocese had received several more reports. A 2002 investigation launched when the allegations against Soens were brought to the diocese concluded that Soens' actions amounted to little more than overzealous discipline. Soens continues to bear the title of bishop, although in court documents he has said that his activities have been restricted and that he would like to see that lifted. Soens has denied the allegations. Except for the possible humiliation rendered by lawsuits filed by his accusers, Soens and other alleged abusive bishops likely will not face additional punishment, church officials said. When the U.S. Conference of Catholic Bishops wrote the strict new policy covering sexual misconduct, the documents did not include sanctions for bishops accused of abuse, said Dr. Patricia Ewers, chairwoman of the bishops' national sexual abuse review board. "The policy assigns the bishops' responsibilities for implementing the charter for the protection of children and youth, but there are no penalties if they do not follow through," Ewers said. It's something recognized in the Davenport investigation into allegations against Soens. "The new (policy) would not come into play because Bishop Soens is a bishop," the report reads. The bishops have said they would apply "fraternal correction" to their brother bishops, but to this point that has amounted to little more than cross words during the twice-annual conference, according to David Clohessy, national director of the Survivors Network of those Abused by Priests. When Iowa victims' advocates appealed to the state's four Catholic bishops to sanction Soens, they were rebuffed. Archbishop Jerome Hanus of Dubuque, Des Moines Bishop Joseph Charron, Sioux City Bishop R. Walker Nickless and Franklin said they had no authority to call Soens to task. "Time and time again we have urged the U.S. bishops to, at the bare minimum, speak out when brother bishops abuse kids and cover up the crimes of abuser priests," Clohessy said. "To my knowledge, it has happened only twice - once when a Dallas bishop criticized another bishop's handling of a case and when one of the Nebraska bishops said something negative about former Boston Cardinal Bernard Law." The pope appoints bishops, and only the Vatican can decide disciplinary action against a bishop, according to the Rev. Thomas Doyle, a former Canon lawyer for the Vatican Embassy. Franklin should be given credit for even making Soens' name public, Doyle said. "I don't know of anyone (other than Franklin) who has done that on their own," Doyle said. "Usually, if one bishop reports another bishop to the Vatican, it is on doctrinal issues, such as heresy." Bringing Soens to trial is important to the victims, perhaps more than any money a jury may award them, Doyle said. "They want their day in court," Doyle said. "They have been disbelieved all their lives. Other Catholics tell them to let bygones be bygones. "Getting things out and into the open is good for the church and the individuals."
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.