Wyoming Diocese, Church, Deacon Deny Sexual Relation Allegations

By Tom Morton
Billings Gazette
March 19, 2012

http://billingsgazette.com/news/state-and-regional/wyoming/wyoming-diocese-church-deacon-deny-sexual-relation-allegations/article_fa587051-6e94-5cf3-b5fc-68ef3f0a1c3a.html

CASPER, Wyo. -- The defendants in a federal civil lawsuit have denied a woman's allegations that a deacon at St. Anthony's Catholic Church in Casper imposed a sexual relationship on her, according to court documents filed last week. An attorney for the Diocese of Cheyenne also asserts the court cannot involve itself in the church's personnel policies because of the First Amendment, and should dismiss the lawsuit.

Kathy Seeley, who now lives in Colorado, claimed the Rev. Michael Carr in 2002 referred her for grief counseling from Deacon Don Stewart, whose "vicious physical assaults and physical sexual relationship" caused physical and emotional damage, according to her complaint filed on Jan. 17.

The lawsuit also names two priests and two former bishops of the Diocese of Cheyenne.

"The other named defendants knew or should have known of this inappropriate and meretricious sexual relationship imposed upon plaintiff by Defendant Stewart in the course and scope of his employment," according to the complaint filed by her attorneys, Traci Mears of Casper and William Fix of Jackson.

The plaintiff's name is being published because this is a case in civil court, where the plaintiff brings the case forward. The Star-Tribune does not name victims in criminal cases of sexual assault, in which the state files the charges against a defendant.

Stewart, through his attorneys John Masterson and Alaina Stedillie, denied physically assaulting her in 2008 or having such a sexual relationship, according to his response filed Tuesday.

As a result, Seeley should neither recover any damages for alleged physical and emotional suffering nor punitive damages, according to Stewart's response.

St. Anthony's Church, and its priests -- the Revs. Kevin Koch and Lucas Kazimiro Simango -- also denied Seeley's allegations about the relationship and negligence, according to their attorneys, Weston Reeves and Anna Reeves Olson of Casper, who filed their response on March 13.

Defense attorneys responded that Seeley is barred from pursuing the case by certain legal doctrines, such as the statute of limitations, and that she was responsible for any alleged injuries.

The Diocese of Cheyenne responded specifically to Seeley's allegations the diocese, bishops, St. Anthony's and its priests were negligent in their hiring, supervision, training and retention of Stewart.

Cheyenne attorney Paul Hickey is representing the Diocese of Cheyenne, former bishops David Ricken and Joseph Hart, and Carr, who is vicar general for the diocese.

The First Amendment prohibits the government from involving itself in the church's personnel policies, Hickey wrote in his motion to dismiss the case filed Wednesday.

"The claims will require that the Court examine the policy, doctrine and beliefs of the Church and how they govern the relationship between a bishop and his clergy, which are forbidden by the first amendment," the response states.

Citing a lawsuit filed against the Archdiocese of Denver in the late 1990s, Hickey wrote the government cannot make decisions about the employment of a priest accused of sexual abuse.

The same holds true for a deacon, who assists with the ministries of a parish including the liturgy and charity, he wrote.

"For the same reasons, it would be unconstitutional for a civil court to pass judgment on the Catholic church's hiring or retention of a deacon who, like a priest, is a member of the Catholic clergy and part of the church's hierarchy," Hickey wrote.

The court should dismiss Seeley's lawsuit because of the First Amendment prohibition against government interference with church policies, he wrote.

To bolster the diocese's defense, Hickey included affidavits from Judicial Vicar Rev. Thomas E. Cronkleton Jr. and Bishop Paul Etienne. He also included the Latin-English edition of the "Code of Canon Law" and Canon Law commentaries on church governance and the role of deacons in both Latin and English from Pope Paul VI, Pope John Paul II and Pope Benedict XVI.

Thursday, U.S. District Judge Alan Johnson filed an order requiring all attorneys to meet and file a plan about how they will manage the case at least a week before the initial pretrial conference scheduled in his court in Cheyenne for 8:30 a.m. on April 30.