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  Catholic Church Action Angers Sexual Abuse Victims

The Australian
October 20, 2009

http://www.theaustralian.news.com.au/story/0,25197,26237917-26397,00.html

WILMINGTON, Delaware: A bankruptcy filing by the Catholic diocese of Wilmington was the best way to ensure reconciliation and compensation for all victims of clergy sexual abuse in the diocese, a bishop says.

But alleged victims of sexual abuse at the hands of US Catholic priests expressed outrage yesterday after the diocese in Delaware filed for bankruptcy on Monday, the eve of a trial, delaying the claims of more than 140 people.

The diocese filed for bankruptcy protection after hours of settlement negotiations failed with about a dozen alleged victims, including eight plaintiffs whose cases were scheduled for trial. More than 100 other alleged victims are pursuing compensation through dispute resolution instead of trials.

"It was clear to us in our negotiations that the amount of money that was being sought by the early victims and the finite amount that we had ... was not going to work," W.Francis Malooly, the bishop of the diocese, said.

Plaintiffs' lawyers said the diocese had refused to offer fair settlements and Bishop Malooly was trying to avoid damaging testimony and documents at trial. "The arrogance of the diocese in their negotiations is unfounded in any type of negotiations that I've had," lawyer Robert Jacobs said, adding the diocese offered a fraction of what other abuse victims had received.

Lawyer Thomas Neuberger said former bishop Michael Saltarelli, who died two weeks ago, had indicated the diocese was willing to pay each victim about $US1.3 million ($1.4m), the average received in the record $US660m settlement for 500 victims in the archdiocese of LosAngeles.

Bishop Malooly has refused to go along with the wishes of Bishop Saltarelli, Mr Neuberger, who represents 88 alleged victims, said.

"He remorsefully told the truth about the scandal before he met his maker," Mr Neuberger said of Bishop Saltarelli.

"He actually condemned the conduct of these cases by Bishop Malooly since he took over from him on his retirement."

He added: "This filing is the latest, sad chapter in the diocese's decades-long cover-up of these despicable crimes to maintain the secrecy surrounding its responsibility and complicity in the sexual abuse of hundreds of Catholic children."

Mr Neuberger said the diocese's action may mean that sick and elderly victims could die before getting their day in court. But the filing will expose the diocese's finances, which the plaintiffs have been fighting to access for five years, he said.

The first eight cases scheduled for trial involve lawsuits against former priest Francis DeLuca, who served for 35 years but was defrocked last year after he was jailed in 2007 in New York for repeatedly molesting his grandnephew.

Shortly after DeLuca's arrest, Bishop Saltarelli released the names of 20 priests, including DeLuca, against whom the diocese had substantiated allegations of child sexual abuse.

 
 

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