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  Abuse Mediation Case Advances

By Marc Parry
Albany Times Union
November 8, 2007

http://www.timesunion.com/AspStories/story.asp?storyID=637137&category=REGION&newsdate=11/8/2007

A federal judge has ruled that a lawsuit targeting the Albany diocese's sex-abuse mediation panel can move forward.

The suit was brought chiefly by a California clergyman, the Rev. Mark Jaufmann, who has alleged that a Hudson parish priest abused him as a boy. It charged that the agency set up to help sex-abuse victims is an agent for the Roman Catholic Diocese of Albany even though it claims to be independent.

Chief U.S. District Judge Norman A. Mordue threw out parts of the lawsuit -- including a claim of fraud -- but rejected the defendants' move to have it dismissed.

That Sept. 28 order from the Syracuse-based judge opens the door for the plaintiffs' attorney, John Aretakis, to seek sworn testimony and documents.

"I am just really happy to see the legal system does work in that it allows somebody like myself to be able to lay their cards on the table in a way that is fair and just," Jaufmann said in a telephone interview Wednesday.

The Independent Mediation Assistance Program, or IMAP, was launched in 2004 with $5 million to help victims of clergy sex abuse.

Jaufmann said that IMAP's decision in his case was that his allegation "had no merit."

The program, now closed to new cases, was headed by retired Court of Appeals Judge Howard Levine and administered by the Albany law firm of Whiteman, Osterman and Hanna. Both are named as defendants. The diocese is not.

Philip Gitlen, co-managing partner of the firm, had only this comment: "Our position is that the suit is baseless, and we are in the process of defending it."

Overall, IMAP has paid out about $2.5 million to 38 people, said Albany Diocese spokesman Ken Goldfarb. The remaining money is set aside for any future cases, he said.

"As far as we're concerned, IMAP was a success," Goldfarb said. "It was a landmark program."

 
 

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