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  New Overseer Named

By Paul A. Long
The Cincinnati Post [Kentucky]
March 15, 2006

http://news.cincypost.com/apps/pbcs.dll/article?AID=/20060315/NEWS01/603150346

A senior judge in Boone County has backed away from his appointment of a Cincinnati attorney to oversee the settlement of a class-action sexual-abuse lawsuit against the Diocese of Covington.

After meeting privately with attorneys on both sides of the case Tuesday, Judge John Potter agreed to rescind his appointment of Matthew Garretson, who has overseen settlements in similar cases in Louisville and Cincinnati. The attorneys had objected to Garretson's appointment, saying it was unnecessary and that he was unqualified.

Instead, Potter said he would appoint Thomas Lambros, a retired federal judge who already is one of two special masters in charge of evaluating claims and awarding settlement funds to victims. That met with the approval of both diocese attorney Carrie Huff and class attorney Stan Chesley.

"We're very pleased," said Chesley, noting that Lambros was the chief judge in the Northern District of Ohio for many years.

As overseer, Lambros will keep Potter up to date on the settlement process and apprise him of any problems that need his attention.

Chesley and his partner, Robert Steinberg, filed suit against the diocese in Boone Circuit Court in 2003 on behalf of hundreds of people who were abused by priests and others in the diocese over the past 50 years. Eventually, the two sides agreed on an $85 million settlement, to be paid to people who could show they were abused.

The exact amounts of the payments to each person will depend on the nature of the abuse, as outlined in a grid that is part of the settlement. Payments will range from $5,000 to $450,000 for claims of extraordinary abuse.

Chesley and Huff said they are moving quickly on the process to get payments out to those who were abused. Huff said she hopes the first payments could be made before the end of the year.

During Tuesday's hearing, a number of people who said they were abused told of its impact on their lives. The hearing was scheduled to help Potter determine if Chesley and other attorneys in the case are entitled to their requested fee of 30 percent. It turned into an emotional outlet for several victims, though.

The four people who testified told powerful tales of their abuse at the hands of priests, describing how it impacted the rest of their lives. Some said they turned to drugs or alcohol to blunt the memories. They talked of feelings of shame, depression and suicide.

"I've been waiting for vindication and validation since 1962," said one.

Dr. Robert Loheide, now a clinical psychologist in Terre Haute, Ind., was the only one of the four who agreed to be identified by his real name. He said it was only through the class-action lawsuit that he and dozens of others found the strength to come forward. After he told his story of abuse at the hands of a Catholic priest - and how the attorneys in the case were the first to treat him with respect and dignity - the 50 or so others in the courtroom, many of them also victims, burst into spontaneous applause.

Potter did not rule on the fee issue.

Even Huff had words of praise for the opposing attorneys. She said one of the results of the lawsuit, and Covington Bishop Roger Foys' reaction to it, is that the diocese is now safer for children.

During the past eight or so months since the settlement was announced, she said, the two sides have bent over backwards to work together to ensure that it was accepted not only in court, but in the community. Chesley and his fellow attorneys helped with documents and investigations, she said.

Further, Foys responded with an attitude of compassion and pastoral care - and not only in words, but in deeds, Huff said.

"It's tragic that adults were abused as children," she said. "It would be even more tragic if children were still being abused."

That empathy went both ways. As she was packing her bags to leave, Huff showed reporters a card that had been left in the courtroom for her. It had been signed by about a dozen victims, thanking her for her work and her efforts on their behalf.

"This is what makes it worthwhile," she said, her voice wavering. "Sometimes, this is as good as getting a paycheck."

 
 

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