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  Outagamie County Judge Rules Policy by the Catholic Diocese of Green Bay Is Sufficient to Safeguard Documents Pertaining to Clergy Sex Abuse

By Jim Collar
The Post-Crescent
March 4, 2011

http://www.postcrescent.com/article/20110304/APC0101/103040605/Judge-rules-Diocese-records-safe?odyssey=tab|topnews|text|APC-News

An Outagamie County judge on Thursday ruled that a policy maintained by the Catholic Diocese of Green Bay is sufficient to safeguard its documents pertaining to clergy sex abuse.

Judge Nancy Krueger denied a motion filed on behalf of Todd and Troy Merryfield that sought an order prohibiting the diocese from destroying records related to their civil lawsuit. The Merryfields, formerly of Freedom, were sexually assaulted by former priest John Feeney in the late 1970s. They say the diocese was fraudulent in failing to inform Freedom's St. Nicholas Catholic Church of Feeney's past, which included church-ordered sexual abuse counseling.

Patrick Brennan, attorney for the diocese, said the church hasn't — nor would — destroy documents related to the case.

In making her decision, Krueger cited the diocese's records policies, which only allow for destruction of records regarding priests one year after a priest's death. The policy, however, doesn't apply in cases where records correlate with open claims against the diocese.

"In those cases, files are retained and not destroyed," Krueger said.

The judge said Merryfield's attorney, John Peterson, didn't allege any specific record had been destroyed.

In a statement issued Thursday by the Catholic Diocese of Green Bay, Deacon Tim Reilly, diocesan director of administration, said the diocese is pleased with the court's decision because no documents pertaining to the Merryfield case were destroyed since the lawsuit was filed Jan. 3, 2008.

Feeney, 84, was convicted in 2003 on four counts of sexually assaulting the Merryfields, who were 12 and 14 at the time of the abuse.

He was sentenced to 15 years in prison.

In a special report published in May 2002, The Post-Crescent detailed how Feeney was moved from parish to parish 14 times in 14 years, commonly after allegations of sexual misconduct, during his stint in the Green Bay Diocese. In all, Feeney served at 18 parishes in the diocese between his June 1952 ordination and before moving to California in 1983.

The civil trial is scheduled to begin March 13, 2012.

Jim Collar: 920-993-1000, ext. 216, or jcollar@postcrescent.com

 
 

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