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  Hartford Archbishop Urges Parishes to Fight Legislation on Child Sex Abuse Cases

By Arielle Levin Becker
The Hartford Courant
April 10, 2010

http://www.courant.com/news/politics/hc-church-statute-of-limitation.artapr10,0,7812972.story

A proposal to extend the civil statute of limitations for child sexual abuse cases could have a "devastating financial effect" on the state's Catholic dioceses, Hartford Archbishop Henry J. Mansell wrote to pastors this week, urging them to include a letter opposing the bill in parish bulletins this weekend.

The letter says the bill, now pending in the legislature, would put "all Church institutions, including your parish, at risk," and warns that it could lead to bankruptcy, threaten the assets of parishes even without a history of abuse, and "would undermine the mission of the Catholic Church in Connecticut."

"The bottom line is that this is terrible public policy, discriminatory by its nature, and a huge threat to us all," says the letter, signed by Mansell, Bishop William E. Lori of the Bridgeport diocese, and Bishop Michael R. Cote of Norwich.

"We must stop this bill now," the letter says. The bishops ask parishioners to contact their representatives "TODAY!!!"

The website for the Connecticut Catholic Public Affairs Conference, where the letter is posted, also includes a statement about the bill for pastors to read from the pulpit during Masses this weekend.

State Rep. Beth Bye, a sponsor of the bill, called the letter inflammatory and said it contains several inaccuracies. Among them, she said, is the bishops' claim that the bill targets the church and St. Francis Hospital and Medical Center, a Catholic hospital facing more than 135 lawsuits involving sexual abuse.

"That's just not true," said Bye, D- West Hartford. "It's a bill designed to support victims of child sexual abuse."

As originally written, the bill would have eliminated the statute of limitations for civil cases involving child sexual abuse, exploitation and assault. Currently, victims have until their 48th birthday to file lawsuits.

After opponents voiced concerns during a public hearing, lawmakers made changes, adding restrictions on people 48 and older. They would not be allowed to file independent lawsuits but could join lawsuits brought by someone younger than 48 with the same defendant and similar allegations. In addition, when filing the complaint, they would have to show that there is documentary or physical evidence to support the claim.

Lawmakers also amended the bill to allow victims more time to sue the state, a response to critics who said the bill treated public and nonpublic institutions unevenly.

Michael C. Culhane, executive director of the Connecticut Catholic Public Affairs Conference, said despite the amendment, the proposal was still unworkable.

He said the bishops regard child sexual abuse as "absolutely deplorable" but said the bill still fails to provide a level playing field between the public and private sectors.

The bishops' letter raised other concerns, saying the bill could lead to lawsuits in cases that are 70 or more years old, which would be difficult to defend because "key individuals are deceased, memories have faded, and documents and other evidence have been lost."

The bishops also noted that the church has taken steps to protect children, instituted a "zero tolerance" policy, and "compassionately reached out to victims and their families through counseling, prayerful apology and considerable financial settlements."

Bye praised Catholic institutions for their community service and improved efforts to keep children safe. But she said she was frustrated that the letter did not take into account changes made to the bill and noted that the letter said little about victims. "I think the lack of focus on the victims in this letter is really frustrating," she said.

Although the proposal would apply to all child sexual abuse victims, it would almost certainly affect the cases against St. Francis Hospital involving Dr. George Reardon, who practiced at the hospital from 1963 to 1993 and is believed to have abused as many as 500 children. Reardon died in 1998, but in 2007, the owner of Reardon's former home found more than 50,000 slides and 100 movie reels of child pornography hidden in a wall. Since then, more than 135 people have sued the hospital, alleging negligence for failing to stop the abuse.

The hospital has said that it did not know of the specific allegations against Reardon until 1993, when state health officials moved to revoke Reardon's license.

More than 50 plaintiffs were beyond the statute of limitations when their lawsuits were filed. Their cases are proceeding but could face a challenge.

Timothy O'Keefe, a Hartford attorney whose firm represents more than 60 people suing St. Francis, said it was "unfortunate that the Catholic Church hierarchy chooses to spread such misinformation about this legislative initiative."

"Nowhere in the letter do the bishops let their parishioners know about the safeguards that have been added to the bill to protect against stale or frivolous cases," he said in a written statement. "They also don't say anything about the horrendous sexual abuse and torture that hundreds of children suffered at St. Francis Hospital over the course of decades."

The proposal passed the legislature's judiciary committee last month 23-20. The bishops' letter said the General Assembly could vote on the bill during the next two weeks.

 
 

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