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  Settlement Talks Falter between Victims, Archdiocese

By Annysa Johnson
Milwaukee Journal Sentinel
December 18, 2010

http://www.jsonline.com/features/religion/112045974.html

Settlement talks between the Archdiocese of Milwaukee and 24 victims of clergy sex abuse appear to have failed, both sides said Thursday.

Archbishop Jerome Listecki said in a letter posted on the archdiocese website that the victims' attorneys rejected a $4.6 million settlement offer.

Plaintiffs' attorney Jeff Anderson blasted that characterization as misleading, saying victims told the archdiocese that they would not discuss monetary terms until the archdiocese had addressed their non-monetary demands, including the release of all documents related to abuse.

"We told them from the start that our first priority was to address the child protection initiatives?.?.?.?and they did nothing to discuss those," said Anderson.

Jerry Topczewski, chief of staff for Listecki, said the church remains open to a resolution of the cases before trial.

"And we'll certainly continue our best to reach out to the victims, not just the ones now, but those who will come forward in the future," he said.

The settlement talks include 16 victims in civil fraud cases now pending in Milwaukee Circuit Court, and eight others who have come forward but not yet filed lawsuits. The victims accuse the archdiocese of defrauding them by moving offender priests from parish to parish without telling families of their abusive histories.

Both sides met before a Chicago mediator on Oct. 18 and Nov. 11.

Anderson said victims presented a 14-point list of non-monetary demands, including requirements that the archdiocese:

• Identify and publicly post the names of all offenders.

• Release all of their files on abusive priests.

• Require every priest and deacon in ministry to sign certified letters saying they have not molested children.

Listecki said in the letter that most of the terms presented by the plaintiffs already were the policy of the archdiocese.

Topczewski said the archdiocese already has posted the names of offender priests and released numerous documents in other lawsuits. He said the priests' files contain confidential information, such as medical reports, that the church has no right to release; and that having clergy affirm that they have no abuse history would be a hollow gesture.

"Priests are bound by their sacred vows and the code of ethical standards," he said. "If that doesn't hold them accountable, they're not going to be bound by a piece of paper."

Listecki acknowledged the recent court ruling that shielded the archdiocese's insurance companies from liability in the lawsuits, saying it made settlement "more challenging."

He suggested the $4.6 million was the most the archdiocese could offer given its limited resources.

"Our financial picture shows an organization that has depleted most of its unrestricted assets to support victims/survivors and cover related costs. To free up resources for these purposes, we have sold property, redirected interest and investment income, liquidated savings and investments, mortgaged the Cousins Center and reduced archdiocesan staff by nearly 40% since 2002," he said.

Anderson has argued that the archdiocese's assets are "vast and unknown."

Topczewski said the archdiocese may appeal the ruling on the insurance liability to the Wisconsin Supreme Court, a move that, if successful, could increase the settlement offer.

 
 

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