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  Catholic Church Sex Abuse Lawsuit Goes to Jury

Associated Press, carried in International Herald Tribune
May 7, 2007

http://www.iht.com/articles/ap/2007/05/07/america/NA-GEN-US-Church-Abuse-Lawsuit.php

Mineola, New York: Quoting from Scripture, an attorney implored a jury on Monday to find church leaders negligent in the hiring and supervision of a Catholic church youth minister who later pleaded guilty to rape and sodomy after having sexual liaisons with teenagers in his care.

Hemade a conscious decision to put the children at risk," attorney Michael Dowd, pointing directly at the Rev. Thomas Haggerty, the pastor of St. Raphael's Church in East Meadow, New York, who hired former youth minister Matthew Maiello.

Dowd is suing on behalf of a man and a woman, now both 23, who said they were forced to have sex with each other and with Maiello — on the grounds of the church and elsewhere — beginning in 1999 when they were both teenagers.

Maiello pleaded guilty to third-degree rape and sodomy in 2003 and served more than two years in prison. Although a defendant in the lawsuit, Maiello is not contesting the allegations. The real focus of the lawsuit is Haggerty, St. Raphael's, and the Diocese of Rockville Centre, the sixth-largest Roman Catholic diocese in the United States, with 1.3 million Catholics in 134 parishes.

The case is unique because it is one of the rare lawsuits since the sex abuse scandal broke five years ago to actually be heard in a courtroom. Because statutes of limitations expired on many of the abuse cases years ago, lawsuits have frequently been settled out of court.

The U.S. Conference of Bishops estimates abuse-related costs from lawsuits have exceeded $1.5 billion (€1.1 billion) in the wake of the scandal.

Dowd, who frequently addressed his remarks to Haggerty in the front row of the gallery, questioned why Haggerty did not pursue more information after he received a negative job recommendation from a youth minister at a church where Maiello previously worked.

He also said Haggerty failed to check on Maiello's educational background and other qualifications.

Brian Davey, a defense attorney representing the pastor, the parish and the diocese, insisted during his closing that Maiello alone bears responsibility for the sexual abuse. Maiello testified during the trial, but was not in the courtroom during the closing arguments. He admitted having sex numerous times with the underage teens, including videotaping a number of their escapades.

Davey noted that testimony during the trial revealed that Maiello grew close not only to the female victim, but to her entire family. Maiello was a frequent visitor in the victim's home, attended family parties and on two occasions accompanied the victim on family vacations.

The jury was expected to begin deliberating later Monday.

 
 

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