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  Bishop Considered Suing Indiana Diocese

Indianapolis Star
February 8, 2008

http://www.indystar.com/apps/pbcs.dll/article?AID=/20080208/LOCAL/802090312/-1/LOCAL17

BURLINGTON, Vt. -- The head of Vermont's Roman Catholic diocese considered suing an Indiana diocese to get it to share the costs of a 2006 court settlement in a priest molestation case, saying it withheld information about the priest, newly released court documents showed.

In 2006 letters included in court papers filed this week in another priest molestation case, Bishop Salvatore Matano said the Fort Wayne-South Bend diocese should pay part of a $965,000 settlement in the case of Michael Gay of South Burlington because Gay would have been successful had he pursued damages against that diocese.

Bishop John N. D'Arcy, of the Indiana diocese, rebuked Matano for considering legal action.

"I regret deeply and take very seriously your threat to bring this diocese into civil court," he wrote. "I pray that will not occur."

D'Arcy said in court papers that his diocese wasn't liable for Paquette's misconduct.

"The diocese of Burlington was made aware of his (Paquette's) history from this diocese, and from other sources as well," he wrote.

Gay had accused Rev. Edward Paquette of sexually assaulting him when he was an altar boy in Burlington 30 years ago and said the diocese knew that Paquette was a pedophile when it hired him in 1972. The diocese had evidence of past sexual abuse by Paquette in Massachusetts and Indiana before hiring him, according to court documents.

Paquette is named in 17 other pending cases in Burlington and Montpelier.

Attorney Jerome O'Neill of Burlington is seeking to include the letters in an upcoming trial in another priest molestation case slated to start Monday. The diocese filed a motion Tuesday requesting that O'Neill be prohibited from referring to them. A judge has not issued a decision on the request.

A spokesman for D'Arcy would not comment on the letters Thursday. Attorney William O'Brien of Winooski said Matano believed the Indiana diocese should share the cost of the settlement because Paquette technically was part of Indiana diocese after he came to Vermont.

"He was doing everything he could to seek financial contributions and protect the diocese of Burlington," O'Brien said of the bishop.

 
 

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