3 Cases against Archdiocese OK'd; Two May Follow
By Jean Torkelson
Rocky Mountain News [Denver CO]
March 28, 2007
http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_5446833,00.html
Three clergy sex-abuse cases against the Archdiocese of Denver are free to go forward, and two new cases may lie ahead.
Denver District Judge John McMullen on Monday denied the church's motions to dismiss three lawsuits, accusing the archdiocese of "negligent supervision" of the alleged abuser, the late Rev. Harold Robert White.
McMullen's ruling said the cases could go forward even though they involved alleged incidents that happened more than 40 years ago, and therefore exceeded the statute of limitations.
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| Harold Robert White |
The archdiocese called the ruling disappointing and said it would continue to "vigorously defend itself."
Plaintiff's attorney Jeffrey Herman, of Miami, said Tuesday he's "extremely pleased" with the ruling. He said it means his team can begin taking depositions and ask the archdiocese for White's complete personnel files.
The archdiocese has resisted turning over such files, citing privacy concerns.
"We still believe those documents are privileged and confidential," communications director Jeanette DeMelo said Tuesday.
Herman, who has represented alleged sex-abuse victims across the country, said, "I've never seen a judge who hasn't ordered a diocese to produce those files. They're very relevant to the cases, and I don't know why the Archdiocese of Denver doesn't think it has to produce them."
Herman said he's preparing two new cases involving allegations of abuse, and he's engaged in "informal discussions" with the archdiocese about them.
Nearly three dozen lawsuits have been filed since 2004 by Herman and St. Paul, Minn., attorney Jeffrey Anderson. All the cases, including the new ones, involve White, who died last year, or Leonard Abercrombie, a priest who died in 1994.
Fifteen cases were resolved in mediation with the archdiocese, and the remaining unresolved cases have been parceled out among three Denver district judges, including McMullen.
Priests in question
• The late Rev. Harold Robert White, who died last year, and Leonard Abercrombie, a priest who died in 1994, are named in nearly three dozen lawsuits filed since 2004 by attorneys Jeffrey Herman and Jeffrey Anderson.
Contact: torkelsonj@RockyMountainNews.com or 303-954-5055
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