Diocese Settles Priest Abuse Case for $965,000
By Sam Hemingway
Burlington Free Press
April 20, 2006
[Links to the diocesan documents referred to in this article were added
by BishopAccountability.org. See also Letters
Detail Charges of Abuse by Priest, by Bill Zajac, The [Springfield
MA] Republican (7/3/06); and Past
Still Haunts Accused Priest, by Bill Zajac, The Republican (2/27/05),
both with additional links.]
The state's Roman Catholic diocese avoided a trial Wednesday on allegations
it let a priest with a history of child abuse continue to molest altar
boys in Burlington, settling a lawsuit brought by one of the victims for
The settlement of claims involving conduct by former Rev. Edward Paquette
was announced in Chittenden Superior Court, where the trial in the case
brought by Michael Gay, 38, of South Burlington was to get under way Wednesday
"He took away something that was very important to me," Gay
said of Paquette after the announcement, dabbing his eyes as sat in a
chair in the courtroom. "He took away something very important to
me -- my childhood, my faith in God and religion."
| Michael Gay hugs his wife, Cristine,
after the announcement that his lawsuit against the statewide Roman
Catholic Diocese of Burlington had been settled out of court Wednesday
at Chittenden Superior Court in Burlington.
Photo by the
Glenn Russell, Free Press
Gay agreed to permit The Burlington Free Press to publish his name. The
Free Press does not disclose the names of alleged victims of sexual abuse
without their consent.
Diocesan attorney David Cleary said the agreement to settle with Gay was
made Tuesday night and had the approval of Bishop Salvatore Matano. Cleary
said financial factors and a series of pre-trial rulings in the case that
went against the church prompted the decision to agree to what is, by far,
the largest such settlement in the diocese's history.
| Michael Gay, as a child.
"The element of cost to continue is catastrophic to the diocese,"
Cleary said. "We were put in a position to do our best by all concerned,
and an amount was reached on that basis."
Church officials said in a statement later Wednesday the diocese would take
out loans to pay the $965,000 to Gay. "No existing programs or charities
will be affected and absolutely no Bishop's Fund monies will be used to
satisfy this settlement," the statement said in part.
| Rev. Edward Paquette
As part of Wednesday's settlement, Gay agreed not to pursue a separate
case against Paquette, who lives in Westfield, Mass., and is in poor health.
In a 2004 interview with the Free Press, Paquette insisted he was innocent.
Pending against the diocese are 16 priest misconduct cases, 11 of them
alleging molestation of other altar boys by Paquette in the late 1970s.
Gay's lawyer, Jerome O'Neill, said the diocese was as much to blame for
Paquette's misconduct as Paquette himself, and offered a particularly
harsh assessment of then-Bishop John Marshall's handling of abuse complaints
"Nowhere, in any document, do you ever see Bishop Marshall express
any concern for the boys," O'Neill said. "Every time, it's a
concern for scandal, it's a concern for people not putting up with him
... In effect, what he was doing was providing Paquette with new victims."
Marshall died in 1994.
Cleary conceded the diocese had failed to prevent the abuse Gay incurred
but said it was relying on medical advice in a time when it was commonly
believed that such sexually deviant behavior was curable.
O'Neill, speaking with reporters at the courthouse, pointed to a series
of exhibits he had prepared for the jury as proof that the diocese was
in denial about Paquette's conduct.
Most of the exhibits were copies of letters Marshall and other diocesan
officials sent and received before or during Paquette's time in Vermont.
The correspondence became public when Judge Ben Joseph, at O'Neill's request,
agreed to unseal the documents and lift a gag Joseph had imposed in the
According to the documents, Paquette allegedly began molesting boys at
parishes in Mansfield and New Bedford, Mass., possibly as early as 1955.
He was removed from the parishes in 1963 and, after undergoing psychiatric
treatment in Boston, was transferred to the Fort Wayne-South Bend diocese
in Indiana in 1964.
"I can hardly return him to active duty in this diocese," Bishop
James Connolly of Fall River, Mass., wrote Bishop Leo Pursley of Indiana
on Feb. 24, 1964. "However, it could quite be he has overcome his
difficulty. I feel that you might help him, if you feel interested to
The Indiana diocese agreed to take Paquette, only to have him accused
in 1971 of having molested boys at three Indiana parishes over six years.
He was again ordered to undergo electric shock treatment.
In 1972, Paquette approached Marshall, hoping for an assignment in Vermont.
When Marshall asked Pursley for his input, Pursley
wrote back and suggested Paquette be placed in an "institutional
chaplaincy" where there was "less likelihood of relapse."
Instead, Marshall assigned Paquette to the Christ the King Church in Rutland,
on condition that he continue treatment under a psychiatrist. According
to diocesan lawyer William O'Brien of Winooski, Marshall acted after receiving
a letter from Hillenbrand recommending him for "any type of assignment
... including parish work."
In 1974, the pastor in charge of the Rutland parish wrote Marshall to
report he had received new complaints about Paquette.
"Father Paquette sexually molested two young men while on communion
calls in the hospital," the Rev.
James Engle wrote Marshall on Oct. 21, 1974.
"It is imperative that Father Paquette be removed from the Rutland
area immediately ... I would also suggest that ... it should be done without
fanfare or farewell parties and that it be publicly announced as sick
After more treatment, Paquette was transferred to St. Augustine Church
in Montpelier and, in 1976, to Christ the King Church in Burlington, which
operates an accompanying elementary school. O'Neill alleged Paquette molested
boys in Montpelier, but acknowledged there is no evidence Marshall was
told about it.
By early 1978, the Burlington parish was fielding a steady stream of complaints
from parents, alleging Paquette had molested their sons and describing
other strange behavior by him.
"Several indicated they would not go near the church while Father
Paquette was around," the Rev. John Fradet wrote in an April 20,
to Marshall summarizing the situation. "Feelings were high. (Name
deleted) felt we were treading on 'very thin ice' -- he was aware of six
The documents show that Marshall was torn about dismissing Paquette.
"Despite the demands of two sets of irate parents that 'something
be done about this,' Father Paquette's pastor and I are determined to
take the risk of leaving him in his present assignment," Marshall
wrote to the head of a priest therapy retreat in Whitinsville, Mass.,
on April 4, 1978.
By April 17, Marshall had changed his mind. The next day, he
wrote Paquette, saying he could no longer serve in any diocesan parish.
"The serious weakness that you have shown and your unwillingness
or inability to cooperate with your counselor ... has forced this decision
upon me," Marshall wrote.
Contact Sam Hemingway at 660-1850 or e-mail at firstname.lastname@example.org
JULY 1: Trial scheduled in case of priest molestation allegations. Defendants
are former Rev. George Paulin and Burlington Roman Catholic Diocese.
NOV. 1: Trial scheduled in case of priest molestation allegations. Defendants
are former Rev. Alfred Willis and Burlington diocese.
Abuse in Catholic Church
The statewide Roman Catholic Diocese of Burlington and Michael Gay of
South Burlington agreed Wednesday to settle a civil lawsuit that claimed
Gay was molested as a child by former priest Edward Paquette. The diocese
will pay Gay $965,000, an amount believed to be the largest settlement
in a priest-abuse case in state history. Among other recent claims:
JULY 12, 1996: The Roman Catholic Diocese of Burlington agrees to a settlement
with Joseph Barquin. Barquin sued the diocese in 1995, claiming sexual
and physical abuse by a nun at St. Joseph's Orphanage in Burlington in
1951. Details of the settlement are not disclosed.
SPRING 1996: Bishop Kenneth Angell offers $5,000 to former residents of
St. Joseph's Orphanage who claim they were abused as children by nuns
and others. More than 60 agree to the offer in return for a promise not
1997: Diocese settles case brought by Janet Labelle Prince, who claimed
as a young girl she was raped by the Rev. Benjamin Wysolmerski in the
early 1960s, and then raped again by him in the late 1970s when she was
married. Details not disclosed.
APRIL 8, 1999: The church agrees to settle 14 court cases brought by people
who claim they were abused as children by nuns and others at St. Joseph's
Orphanage. Details not disclosed.
MARCH 7, 2004: The church agrees to pay $120,000 to Michael Bernier. Bernier
alleged Rev. James McShane sexually abused him when Bernier was a parochial
school student in St. Albans in about 1970.
APRIL 6, 2004: The Church agrees to a $170,000 settlement with Robert
Douglas II. Douglas alleged the Rev. Alfred Willis molested him as a 13-year-old
while he was attending St. Ann Catholic Church in Milton in the late 1970s.
Diocesan document made public Wednesday that Michael Gay's attorney says
details the church's knowledge of former priest Edward Paquette's misconduct:
Monsignor John Fradet memo to Bishop John Marshall detailing former priest
Edward Paquette's 1978 problems at Christ the King Parish in Burlington: