Plaintiff Testifies Father Michael Kelly Caused Pain in Assault

By Ross Farrow
Lodi News-Sentinel
March 10, 2012

http://www.lodinews.com/news/article_a52f2618-f2b6-51cb-a3f4-dea71228e566.html

The 37-year-old man suing Father Michael Kelly for alleged sexual abuse testified Friday that Kelly sexually assaulted him when the man was in the fifth grade.

He said the pain of the act made him cry.

The plaintiff, whose name is being withheld by court order because he claims to be a sexual assault victim, is suing Kelly and the Stockton Diocese, saying that Kelly sexually assaulted him at least once in the 1980s when the plaintiff was in the fifth grade at Annunciation School in Stockton.

Kelly, 62, has been pastor of St. Joachim's Catholic Church in Lockeford the past eight years. The alleged assault took place when Kelly was a priest at Cathedral of the Annunciation, located next door to the school of the same name, according to the plaintiff.

The plaintiff testified Friday that Kelly drove him what seemed like a long distance and took him on a trail in the 1980s. Kelly, wearing street clothes instead of his priest clothing, allegedly told the plaintiff to call him "Dad" instead of "Father Kelly" when they passed other hikers on the trail.

They finally reached a secluded area, with Kelly saying, "This is where I go to think," according to the plaintiff.

"He told me to kneel down," the plaintiff testified. "He told me that when men love each other, this is what we do. He told me this might hurt, and if you have to cry, it's OK."

Starting to cry on the witness stand, the plaintiff said, "All I could remember was horrific pain. He wouldn't stop no matter how much I screamed."

As they walked back to the car, Kelly allegedly said he had to stop crying right away, the plaintiff testified.

Kelly will not be allowed to answer the allegations against him until the plaintiff's side has finished its case. It will be next week or maybe later before Kelly takes the witness stand.

The plaintiff was scheduled to be cross-examined by attorneys for Kelly and the Stockton Diocese, but Judge Bob McNatt adjourned Friday's court hearing 90 minutes early because one of the jurors had an undisclosed health issue that needed immediate attention. Court will resume at 10 a.m. Tuesday.

On Friday, the plaintiff told the jury about two other incidents he said took place during his fifth grade year, which was in the 1984-85 school year.

One was when the plaintiff said he was called out of class to see Kelly at the church rectory, which served as the priests' living quarters.

"I really didn't know why I was there," the plaintiff testified. "I didn't ask for a tour. I was just called out (of class) to see him."

The plaintiff said that Kelly took him to his room.

"I have a hard time remembering what happened next," the plaintiff testified. "At some point, he took my clothes off."

The plaintiff said he fell asleep and discovered he was dressed when he woke up. Kelly told him to leave his room and use a door that is not normally used to leave the rectory, he said.

Later in the school year, Kelly offered to take him to see a movie, according to the plaintiff. Instead, Kelly drove him to a motel and said the movie was going to be on the TV in the motel room, the plaintiff said. He said he fell asleep and discovered when he awoke that he and Kelly were naked.

The plaintiff said he didn't tell his parents about any of the incidents during his childhood.

During afternoon testimony Friday, the plaintiff said he did not sue Kelly or the diocese for financial gain. Because statute of limitations laws didn't permit criminal charges, the man decided to sue.

"This is the only way I can get justice," he said.

Contact: rossf@lodinews.com