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  Clergy Abuse in Delaware: "Deluca Seven" Can Go to Trial

By Sean O'Sullivan
News Journal
August 14 2010

http://www.delawareonline.com/article/20100814/NEWS01/8140343/-DeLuca-Seven-can-go-to-trial

Mary Dougherty, a victim in a priest abuse case, celebrates after Friday's ruling by U.S. Bankruptcy Judge Christopher Sontchi.

WILMINGTON -- A U.S. bankruptcy judge Friday agreed to let a handful of lawsuits alleging sexual abuse by Delaware Roman Catholic priests go forward to trial, prompting a jubilant response from several abuse victims and their attorneys.

Mary Dougherty -- one of the seven victims to testify Thursday -- pumped her fists in the air outside the court Friday, even as tears welled in her eyes, as attorney Thomas S. Neuberger declared victory on his clients' behalf.

"The cover-up is over," Neuberger said, standing with Dougherty and other attorneys in the case. "The truth about these crimes will be told to a jury."

The ruling answered pleas by victims like John M. Vai, who took the stand a day earlier to tell Bankruptcy Judge Christopher Sontchi that the past 10 months have been akin to living "on a lazy Susan," spinning around and around and getting nowhere.

His civil lawsuit seeking damages from St. Elizabeth Parish in Wilmington for the repeated sexual abuse he suffered as a child by former priest Francis DeLuca in the late 1960s was hours away from going to trial last fall when the Catholic Diocese of Wilmington filed for bankruptcy. This brought his case, and almost all other priest abuse lawsuits, to a halt in Delaware.

Vai said he hoped things would get back on track in a few months, but the case has dragged on. He told the judge that a request by the diocese to extend the hold until late September -- possibly pushing a second trial for his case past its current October date -- was potentially more than he could bear.

"Not again. I don't know if I can come up from drowning a third time. This is what I need," he said on the stand.

Sontchi's Friday ruling, allowing Vai's case and those of six other DeLuca victims to go forward to trial this fall -- along with a handful of others -- could significantly reshape the litigation between the diocese and victims of abuse by priests.

If an out-of-court settlement is not reached before the DeLuca trials start in October, the parishes involved face hundreds of thousands, if not millions, of dollars in potential damages.

And a large award for damages in any one of the seven DeLuca cases could significantly reset the amount each of more than 150 claimants could receive in a settlement, according to attorneys.

A large award could become the yardstick for all other settlements.

The diocese has named DeLuca as a priest who had "admitted, corroborated or otherwise substantiated" cases of sexual abuse against them.

In 2007, DeLuca was convicted of sexually abusing a child and sentenced to 60 days in prison in New York. He has since been defrocked by the church.

Vai was not in court Friday because of a family commitment in Virginia.

Outside the courtroom, Neuberger said he was not going to allow his clients to speak.

Now that trials can go forward, he said, their statements could be used against them.

Relief on faces

Former priest Francis DeLuca was convicted in 2007 of abusing a child.

But the relief was evident on the faces of the victims who attended Friday's hearing.

Attorneys for the Diocese of Wilmington argued that the hold that had been placed on all lawsuits when the bankruptcy was filed in October should be extended because settlement talks were continuing and potentially close to a resolution. Two more mediation sessions are scheduled for Aug. 31 and Sept. 1.

Diocese attorney John Dorsey argued in court Friday that the opposition to the delay by Neuberger was more about legal tactics -- and strengthening his position going into the final round of mediation talks -- than potential harm to Neuberger's clients.

But Sontchi found that Neuberger had proved there is a risk of irreparable harm to his clients if there is a further delay and pre-trial preparations for "the DeLuca Seven" would not adversely affect settlement talks.

Diocese attorney Tony Flynn said they did not look on Friday's ruling as a loss, noting that they were only seeking a stay until late September, one that may not have affected the October trial dates of the DeLuca Seven.

And Sontchi did order a stay on 73 other cases against Catholic parishes until Sept. 3. While not as long as the diocese had requested, the hold still maintains "the status quo" on those cases until after the next round of mediation talks as the diocese requested.

"We are pleased with that part of the ruling," Flynn said.

No finding of bad faith

He also noted that contrary to claims in court that the diocese has been attempting to stall and drag out the process in mediation, Sontchi said he has no reason to believe that any party is acting in bad faith.

And if a global settlement agreement can be reached at the end of the month, then Vai and all 156 other people with legal claims against the diocese, a parish or a religious order will be able to have their closure without having to face the trauma of a trial, he said.

While Vai said on the stand that he wants to go to trial and confront DeLuca, he also said that it will not be easy to testify.

"I have to steel up and put my helmet on and tell the full story," he said.

Sontchi's decision to hear direct testimony from victims in a bankruptcy proceeding was called unprecedented by attorneys and activists. Few victims of sexual abuse by priests ever get to tell their story at trial and until Thursday, no abuse victim had ever been allowed to speak at other diocese bankruptcy proceedings across the country.

Barbara Dorris, outreach director for the Survivors Network of those Abused by Priests, praised Sontchi's decision to hear from victims and his ruling.

"We're ecstatic these courageous victims will finally get their long overdue and sorely needed day in court," Dorris said. "Hopefully, now more complicit church employees, current and former, will be publicly exposed through evidence and testimony. As a result, Delaware families will be safer and future irresponsible and deceitful mismanagement of child sex cases will be deterred."

Other cases go forward

In his ruling Friday, Sontchi also carved out a handful of other cases from the hold on lawsuits.

He affirmed that a lawsuit brought by Barry Lamb, who is in failing health, can go forward, as can a lawsuit filed by Joseph Curry, which has an October trial date.

Lamb's case has been set for November 2011, but attorneys hope they can have that date moved up.

Also, Sontchi allowed limited movement on the lawsuit filed by Dougherty so she can get a trial date.

In addition to Vai, the other "DeLuca Seven" plaintiffs whose trials are set to go forward this fall before Superior Court President Judge James T. Vaughn include Michael Schulte, Michael Sowden, Felix Flanigan and plaintiffs who have been identified only as John Does 2, 3 and 4. All but John Doe 2 testified Thursday.

According to attorneys, Vai's trial will be the first of the seven to proceed, with the other six following soon after.

Sontchi also set a hearing for Sept. 3 to meet with all parties again to see if the hold that he placed on the 73 remaining lawsuits against Catholic parishes should be lifted.

Contact Sean O'Sullivan at 324-2777 or sosullivan@delawareonline.com

 
 

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