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  Advocates Celebrate Verdict

By Katie Thomas
The Newsday [Mineola]
May 18, 2007

http://www.newsday.com/news/local/longisland/ny-lilega0519,0,2833161.story

Advocates for sexual abuse victims celebrated Friday's verdict against a former Catholic youth minister and the Diocese of Rockville Centre, saying the outcome was a rare victory in New York, where such cases rarely make it to court.

"It is a very significant victory, a real triumph for the courage of these two survivors who stood up and spoke out," said Jeff Anderson, a lawyer from St. Paul, Minn. who represents victims of sexual abuse.

The case involved a man and a woman, now in their 20s, who sued the diocese, a priest and a former youth minister, charging that church leaders did not act even though they knew the youth minister, Matthew Maiello, was abusing children. The jury in state Supreme Court in Nassau awarded the plaintiffs $11.45 million.

Such verdicts are rare in New York, where victims of childhood sexual abuse can sue only if they file before their 21st birthday, as the victims in this case did. Bills to extend the time limit until a victim's 28th birthday are pending in the state Assembly and Senate, but neither have been brought to a vote.

"Most statutes of limitations were arbitrary and archaic," said Barbara Blaine, president and founder of Chicago-based Survivors Network of those Abused by Priests. "... Most laws favor predators and not the protection of children."

The verdict amount is less than the $150 million the plaintiffs sought, and far less than verdicts and settlements in other parts of the country. In recent years, five dioceses nationwide have filed for bankruptcy in the wake of large settlements in sexual-abuse cases. Earlier this week, the Archdiocese of Los Angeles announced it was selling its headquarters to pay for settlements.

Sean Dolan, a Diocese of Rockville Centre spokesman, said insurance and a special fund will pay for its share of the verdict -- about $3.4 million. "I think it's too early to say what kind of an impact there might be toward the continuation of any programs in the diocese," he said. In September, Dolan told Newsday the diocese had a cash reserve of $33.3 million.

"They have deep pockets," said Timothy Echausse, director of the Long Island chapter of the survivors network. Echausse questioned why the diocese pursued the case instead of settling, because Maiello was convicted of abusing the plaintiffs. "They very early on could have settled this suit," he said. "But they chose to roll the dice and they lost."

Dolan said the diocese tried to settle three times, unsuccessfully. "We were really left with no other choice but to go to trial," he said.

Several advocates for sexual abuse victims, including the local chapter of the church reform group Voice of the Faithful, said they hope the publicity that comes with a trial will encourage younger victims to come forward.

"The nature of child molestation is such that typically a child does not disclose the molestation until the statute of limitations has expired," said Melanie Little, a Uniondale attorney who has represented 30 sexual-abuse victims, all of whom had their cases dismissed because the time limit had passed. "I think that finally the church may be held accountable."

Contact: katie.thomas@newsday.com

 
 

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