BishopAccountability.org
 
  My Turn: Editorial Board Gets It Wrong

By Paul Rousseau
Burlington Free Press
May 28, 2008

http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20080528/OPINION/805280303/1006

The editorial board made two statements: "The verdict should end any sense of denial that might linger about the church's share of the responsibility" and "The size of the punitive damages — awarded as punishment to the church — shows how seriously the jury of everyday Vermonters felt was the church's lapse in protecting children under its care."

Very bold statements by the board, but apparently incorrect and misleading while listening to the additional reports on WCAX.

WCAX interviewed two jurors, on condition of anonymity, on the reasons for such a large punitive award. They stated that part of their thought process was that they wanted to send a wake up call to the church which did not present any evidence at trial on what the church has done since that time to protect children under its care. As far as the jury was concerned, the church had done nothing and only a large punitive award would force the church to act.

WCAX then interviewed former Burlington Police Chief Kevin Scully, the director for the diocesan office of Safe Environment Programs tasked with ensuring that children are kept safe, not just from the clergy, but by all religious and laity who work for the diocese or any of the individual parishes. The program was instituted in 2002 as the result of a charter adopted by the U.S. Conference of Catholic Bishops (The Protection of Children and Young People). When asked why the diocese did not mention Scully's existence and the work he has done since 2002, Scully noted that a pre-trial ruling by Judge Matthew Katz precluded this information from being introduced at trial.

Therefore a portion of the jury award for punitive damages was possibly based on the false assumption that the church has done nothing to protect children under its care made possible by a pre-trial ruling by Judge Katz. If the jury had heard from Scully, would there even have been a punitive award?

To be clear, all victims of child sexual abuse deserve our respect and caring compassion and should be compensated for any harm inflicted by the clergy or the laity. I believe everyone agrees with that position including the church from the many statements made by Bishop Salvatore Matano.

In this case, though, punitive damages were most likely awarded erroneously based on a ruling by the judge. The attorney for the plaintiff in this case was quoted as saying, "It's not about the money." Unfortunately it is about the money, money that currently goes to support the spiritual and corporal good works of the church such as Vermont Catholic Charities. For those for whom the editorial board says will be included in the "circle of pain" based on an erroneous punitive award, hopefully justice will be served and the punitive damages will be set aside or significantly reduced when the case is heard on appeal.

 
 

Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.