Bishops' Leader Resists Releasing Priest's Records in His Own Diocese
Source: http://www.nytimes.com/2004/05/02/us/bishops-leader-resists-releasing-priest-s-records-in-his-own-diocese.html
The Roman Catholic diocese led by Bishop Wilton D. Gregory, president of the United States Conference of Catholic Bishops, has been held in contempt of court for refusing to release the mental health records of a retired priest accused of child sexual abuse.
The judge ordered the diocese, in Belleville, Ill., and the priest, the Rev. Raymond Kownacki, to release the files, pay a $2,000 fine and reimburse the plaintiff for legal fees.
The diocese is appealing the ruling.
Lawyers for abuse victims said this was the first such contempt ruling against a diocese that they knew of.
''The church has resisted the disclosure of documents in almost every case, but when they've been threatened with contempt, it's always resulted in disclosure or a settlement,'' said Jeff Anderson, a lawyer in St. Paul who has worked on hundreds of cases against the church. ''I can't think of a time where they've been held in contempt by a court for refusal to produce the documents.''
Mark E. Chopko, general counsel for the bishops' conference, said that such contempt rulings were ''a very common legal device,'' and that the church had been sanctioned before in cases that involved sexual abuse by members of the clergy.
Mr. Chopko said the bishops' conference was found in contempt in a case in Dallas in the 1990's that involved the Rev. Rudy Kos. In 1998, the Dallas Diocese agreed to pay $23.4 million to eight altar boys and the family of a ninth.
As president of the bishops' group for two years, Bishop Gregory has been the guiding force in urging his colleagues to repair the sexual abuse scandal through openness, accountability and a pastoral approach to victims.
Even before the scandal emerged in 2002, he had helped resolve a crisis in Belleville by banning all abusive priests from the ministry.
His spokesman did not respond to messages left about Father Kownacki's case.
Although many dioceses and religious orders have recently reached settlements with people making accusations of sexual abuse, many continue fighting the cases in courts, although news coverage about the issue has faded.
The contempt finding against the Belleville Diocese was issued Feb. 27 by Judge Lloyd A. Cueto of the 20th Circuit Court in St. Clair County.
Lawyers for the plaintiff and the defendants said they did not seek to publicize the ruling. The New York Times learned about it last week.
Bishop Gregory banned Father Kownacki from ministerial duties in January 1995, soon after the bishop became leader of the diocese.
The Roman Catholic diocese led by Bishop Wilton D. Gregory, president of the United States Conference of Catholic Bishops, has been held in contempt of court for refusing to release the mental health records of a retired priest accused of child sexual abuse.
The judge ordered the diocese, in Belleville, Ill., and the priest, the Rev. Raymond Kownacki, to release the files, pay a $2,000 fine and reimburse the plaintiff for legal fees.
The diocese is appealing the ruling.
Lawyers for abuse victims said this was the first such contempt ruling against a diocese that they knew of.
''The church has resisted the disclosure of documents in almost every case, but when they've been threatened with contempt, it's always resulted in disclosure or a settlement,'' said Jeff Anderson, a lawyer in St. Paul who has worked on hundreds of cases against the church. ''I can't think of a time where they've been held in contempt by a court for refusal to produce the documents.''
Mark E. Chopko, general counsel for the bishops' conference, said that such contempt rulings were ''a very common legal device,'' and that the church had been sanctioned before in cases that involved sexual abuse by members of the clergy.
Mr. Chopko said the bishops' conference was found in contempt in a case in Dallas in the 1990's that involved the Rev. Rudy Kos. In 1998, the Dallas Diocese agreed to pay $23.4 million to eight altar boys and the family of a ninth.
As president of the bishops' group for two years, Bishop Gregory has been the guiding force in urging his colleagues to repair the sexual abuse scandal through openness, accountability and a pastoral approach to victims.
Even before the scandal emerged in 2002, he had helped resolve a crisis in Belleville by banning all abusive priests from the ministry.
His spokesman did not respond to messages left about Father Kownacki's case.
Although many dioceses and religious orders have recently reached settlements with people making accusations of sexual abuse, many continue fighting the cases in courts, although news coverage about the issue has faded.
The contempt finding against the Belleville Diocese was issued Feb. 27 by Judge Lloyd A. Cueto of the 20th Circuit Court in St. Clair County.
Lawyers for the plaintiff and the defendants said they did not seek to publicize the ruling. The New York Times learned about it last week.
Bishop Gregory banned Father Kownacki from ministerial duties in January 1995, soon after the bishop became leader of the diocese.
adam on Sunday 02 May 2004 - 23:10:53