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  Judge Lets Suits against Archdiocese Go Forward

By Howard Pankratz
Denver Post [Denver CO]
March 28, 2007

http://www.denverpost.com/news/ci_5534427

A Denver judge ruled Monday that lawsuits filed by three men against the Denver Roman Catholic Archdiocese may go to trial even though alleged abuse by now-deceased priest Harold Robert White occurred more than 30 years ago.

"This is an important ruling for all victims of sexual abuse in Colorado," Jeffrey Herman of Miami, the lawyer for the three, said of Denver District Judge John McMullen's ruling.

"It means even though victims were abused over 30 years ago, they can pursue their claims. We are extremely pleased with the ruling."

In contrast, the archdiocese issued a statement saying it was "disappointed to receive the Court's decision refusing to apply the Colorado statute of limitations in three cases where the alleged abuse occurred 41, 41 and 47 years ago."

The archdiocese had asked that the cases be dismissed because the statute of limitations for filing claims of abuse had expired six years after the alleged victims reached age 18.

But McMullen noted that the three men alleged negligent supervision by the archdiocese, not abuse. The three claimed that they "only recently learned of the archdiocese's negligent conduct," McMullen wrote. Because of that timing, the judge denied the archdiocese's motion to dismiss the cases.

"The ruling makes clear that in Colorado, the state of the law will not bar victims' claims where they are not aware of the facts that the archdiocese knew White was abusing boys and was covering it up," Herman said.

Denver lawyer Zachary Warzel, who represents 15 other plaintiffs who claim they suffered abuse at the hands of either White or another deceased priest, Leonard Abercrombie, said the three could not have pursued their cases if the judge had ruled in the archdiocese's favor.

In January, 15 additional alleged victims settled with the archdiocese, each receiving an average of $100,000.

Staff writer Howard Pankratz can be reached at 303-954-1939 or hpankratz@denverpost.com.

 
 

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