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  Judge Tells Diocese to Do More

By Ann McGlynn
Quad-City Times
October 8, 2009

http://www.qctimes.com/news/local/article_703e8a8e-b3bd-11de-96b1-001cc4c002e0.html

A federal bankruptcy judge told the Diocese of Davenport on Wednesday it must do more to meet the requirements of its $37 million bankruptcy settlement.

Judge Lee Jackwig ordered the release of all of the names of Diocese of Davenport accused sexual abusers with bankruptcy claims paid, which is believed to include 23 previously unreleased names. Jackwig told Bishop Martin Amos he could do more to lobby for the elimination of the criminal statute of limitations for sexual abuse cases. And, she ordered the diocese to get counseling for a victim whose testimony ended an hours-long hearing Wednesday.

The hearing was to determine whether the diocese is fulfilling the promises it made in a $37 million bankruptcy settlement finalized last year.

In addition to the suggestions she made during the hearing, she ordered a "fine-tuning" of what are called the "nonmonetary" agreements to address concerns brought up during the hearing. She wants either a consensus in three weeks, or if that does not happen, a report from the settlement trustee within three weeks and a response from the diocese within five.

"I hope that despite the shortcomings that the survivors feel a bit better" about the diocese's efforts to change, Jackwig said. Earlier, she noted: 'This is a particularly difficult situation."

The hearing ended soon after the testimony of Steve Alex, who lives near San Antonio, Texas. He was one of several "convenience" claimants - people who were paid $10,000, the lowest amount of money. They were not required to go through an interview.

Alex believed he would be provided counseling, he said. However, when he called the diocese about a month ago, "you all basically told me to pound sand," he said. "I need some help. I'm begging."

Alex lived at the orphanage at St. Vincent's, he said. He has three memories from his time there: watching the Beatles on the Ed Sullivan Show, the assassination of John F. Kennedy and being forced to perform oral sex on a priest in the basement.

Alex's testimony led to a discussion about the process for providing mental health counseling for survivors. It also led the judge to order the diocese to provide counseling for the man, who said he was a "dysfunctional carbon unit on the verge of suicide" and an "emotional cripple" because of the abuse.

Bishop Martin Amos talked with Alex after the hearing and told him, "It wasn't your fault."

Amos was on the stand for more than an hour at the beginning of the hearing, answering questions about what the diocese had done to meet the 18 nonmonetary provisions.

One of the provisions required Amos publicly support the elimination of the statute of limitations for criminal sex abuse charges. Amos testified that there was a statement published in the Catholic Messenger and that when asked, he expresses his support for the elimination.

However, Craig Levien, attorney for many of the survivors, asked why the provision is not on the list of lobbying points for the Iowa Catholic Conference and why the elimination was not discussed when the bishop met with legislators in Des Moines.

Jackwig told Amos she was a "little disappointed" with his efforts. "You have the opportunity to make a difference here bishop," she said.

Amos responded: "I will do that, your honor."

Levien requested, among several other items, the diocese either reveal to the court or publicly documents relating to a report made regarding sex abuse accusations made against Lawrence Soens, a former priest of the diocese who is now a retired bishop in Sioux City. He requested the status and location of living credibly accused priests and reports generated by a diocesan investigator and review board.

Levien also asked why the names of 23 additional people who were the subject of claims filed and paid in the bankruptcy were not made public.

Jackwig then ordered the release of the list of accused sex abusers with paid claims.

Levien asked for Amos's thoughts on requiring priests to disclose every year whether they know of any abuse perpetrated by fellow diocesan workers. Priests were required to sign one affidavit already, the wording of which is now in dispute because it excluded acknowledging knowledge of abuse by those already publicly named. Amos said he would not support a yearly affidavit from priests. Jackwig asked why.

"We're very, very conscious of these things," Amos said, adding that he believes that priests would report if they knew of abuse.

 
 

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