By Brian Joyce
WCAX
June 25, 2007
http://www.wcax.com/Global/story.asp?S=6708264&nav=4QcS
Vermont's first civil trial alleging that the Roman Catholic Diocese negligently protected pedophile priests ended abruptly and unexpectedly Monday in a mistrial.
The judge explained that the lawyers for Vermont's Roman Catholic Diocese broke the rules when they cross-examined the man who is suing the church for millions.
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The plaintiff claims the Diocese failed to protect him from a pedophile priest thirty years ago.
Monday was the fourth day of the trial. It started with James Turner, 46, telling the jury how he was molested by a Vermont priest thirty years ago when Turner was 16. Turner says the Diocese is to blame because it failed to protect him from former priest Alfred Willis after it was warned that Willis displayed "homosexual proclivities."
He claims former priest Willis was a family friend who molested him in a hotel room in Latham, New York, in July 1977. Turner's family and Willis, a family friend, spent the night at the Holiday Inn after attending services for Turner's brother, Bernard, who was made a deacon.
"This (testifying) is another milestone for me to get past and let people know, and make the diocese accountable for what they allowed to happen to me," Turner told the jury.
On cross-examination the diocese lawyers asked Turner why he once told a psychiatrist that he blamed his own brother, and not the church, for the abuse. There had been reports that Turner's brother had an intimate relationship with Willis.
But Judge Ben Joseph had ruled before the trial that the Diocese lawyers were not permitted to ask questions about the relationship between Willis and Turner's brother.
But Monday the judge reluctantly permitted Diocese lawyers to ask Turner questions about his brother's close relationship with Willis, despite objections from Turner's lawyers.
But, during the lunch break, Turner's lawyers protested the line of questioning to Judge Ben Joseph. Judge Joseph in a brief statement declared the mistrial just as the afternoon session began.
"The questions about an alleged homosexual relationship between those people should not be brought up during the trial because I thought it was inflammatory, not really probative of any issues in this case," said the Judge.
James Turner and his lawyer were furious. They wondered if the diocesan lawyers had intentionally caused the mistrial.
"Up even through 2002 it had continued to coddle and take care of the priests who abuse children and this is just a continuation of it. Let's abuse the victims again. Let's try to deter the victim. Again. Let's prevent that victim from coming forward. Let's squash them. That's what this Diocese has been about. Continues to be," said Jerry O'Neill, Turner's lawyer.
"They continue to let this all happen," said Turner fighting back tears as he spoke with reporters. " And it's been very, very tough for me trying to get on with my life. And, like I said, this is just another example of them continuing to victimize me. For however long it takes we'll be back to court. I have to do this for me," he added.
Vermont Diocesan Bishop Salvatore Matano and Diocesan lawyers denied the allegations.
"This is very disappointing for everyone who's involved. We come here seeking the justice of the court and we have to abide by the Court. But it is upsetting I'm sure for all parties concerned," said the Bishop.
"We will appeal the order to the Supreme Court, which will indeed raise all of the other objections that we've had throughout the mustering of evidence in this case prior to the time we started drawing the jury," said David Cleary, Diocese Lawyer.
Lawyers for the diocese say they will appeal many of Judge Ben Joseph's rulings in this case to the Vermont Supreme Court. The Diocese felt is was treated unfairly by Judge Joseph and twice tried to get him removed for this trial.
Lawyers say it could be many months, possibly even another year, before this case will be retried undoubtedly a new judge and a new jury.
Lawyer Jerry O'Neill still has about two dozen other clients waiting in the wings to sue the Diocese for allegedly failing to protect them from predatory priests.
Contact: joyce@wcax.com
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