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	Supreme Court Rejects Belleville Diocese's Appeal of $5 Million Award in Priest Sex Abuse Case By George Pawlaczyk Belleville News-Democrat May 25, 2011 http://www.bnd.com/2011/05/25/1722694/supreme-court-rejects-belleville.html The Illinois Supreme Court turned down a request by the Diocese of Belleville to hear an appeal of a $5 million award in a case of sexual abuse by one of its priests, making the amount plus $1.35 million in interest payable unless a further legal challenge can be mounted. The decision was posted Wednesday without comment. Unless further legal action occurs, the diocese must pay James Wisniewski of Champaign $6.35 million. If the diocese does not have adequate insurance or cannot raise the money, and some Catholic dioceses in the United States have been forced to sell property to meet such payments, the award would be paid through a guaranty bond. Joe Tybor, spokesman for the Illinois Supreme Court, said that a reversal by the state high court of its own decision not to hear a case, "Happens very infrequently." If a federal law or constitutional question is involved, the diocese could file a petition to appeal to the U.S. Supreme Court. The country's high court would then decide whether to hear the case. Attorney Mike Weilmuenster of Belleville, who, with his former law partner and now U.S. Attorney Steve Wigginton, pursued the case for nine years said, "This is a victory for all victims of sexual abuse by a priest." St. Louis attorney David Wells, who represents the diocese in the lawsuit, could not be reached for comment. Weilmuenster said when he finally reached Wisniewski, who was in a business meeting for several hours, and told him of the court's decision, "He couldn't believe it. He had convinced himself this day would never come." In 2008, a St. Clair County Court civil jury awarded $5 million to Wisniewski after a week of testimony that now suspended priest the Rev. Raymond Kownacki sexually abused Wisniewski for years beginning when he was a 13-year-old altar boy at St. Theresa's Parish in Salem. Previously, the diocese settled another lawsuit involving another victim of Kownacki at the same parish for $1.2 million. Two other lawsuits naming this priest as a sexual abuser are pending in St. Clair County Court. Kownacki has stated he will not comment. When a reporter went to his door in February at his apartment in Dupo, Kownacki gestured that he could not hear. Bishop Edward Braxton, who was not bishop when Kownacki, according to testimony, sexually molested a young woman and several boys, issued a short statement regarding the high court's decision. "The Diocese continues to express regret for any instances of childhood sexual abuse by a member of its clergy. The diocese is committed to adhering to its Child Protection Policy, and will continue to assist victims and their families in furtherance of that policy and its ministry." Weilmuenster said that the award plus accumulated interest remains unpaid. The interest will continue to cost the diocese about $1,200 per day until Wisniewski receives his award plus interest. "The vast majority of priests in the diocese are very good men who have done good things with their lives," Weilmuenster said. "It is a shame if they are tarred with the same brush that results from the actions of a minority of child molesting priests and those that protected them." Weilmuenster also thanked many parishioners in the diocese who, he said, have shown support to his client and the law firm. "James is the bravest man I know to have gone through this for nine years," he said. David Clohessy, director of the Survivors Network of those Abused by Priests based in St. Louis, said, "It speaks volumes that even after multiple allegations, written evidence, Kownacki's suspension, a thorough trial and a clear verdict by unbiased jurors, Braxton and his Catholic colleagues in Belleville seem determined to battle a deeply wounded victim until the absolute, bitter legal end." During the civil trial, Weilmuenster and Wigginton introduced numerous memorandums and letters by officials of the diocese that showed that they knew that Kownacki had sexually abused minors but did not call police and repeatedly transferred the priest to various parishes without warning parishioners. During the trial, former Belleville bishop, now Archbishop of Atlanta, testified that if it was true that Kownacki molested Wisniewski, then an award should be paid. Gregory became bishop after the time that Kownacki was said to have molested his victims. Ed Barbier, spokesman for the Southern Illinois Association of Priests, issued a statement that said in part the high court's decision, "Ends the unnecessary, costly and painful years of litigation, and finally provides the Wisniewski family some closure to the pain they have suffered." Contact reporter George Pawlaczyk at gpawlaczyk@bnd.com or 239-2625.
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