Sex Abuse Suit against Catholic Diocese of Albany Gets Go Ahead

By Bridgette P
Lez Get Real
September 9, 2013

http://lezgetreal.com/2013/09/sex-abuse-suit-catholic-diocese-albany-gets-go-ahead/

The Catholic Church has yet to learn that the lesson coming from the clerical child sexual abuse scandal is that it is not the crime that gets you, it’s the cover up. Federal judge William K. Sessions III has ruled against the Catholic Church and refused to throw out a lawsuit brought by a Warren County man who was taken across state lines from New York to Vermont where he was raped by a priest.

The Albany Roman Catholic Diocese wanted the lawsuit dismissed arguing that it does not have any legal ties to the Burlington diocese. Jerome F. O’Neill, an attorney for the victim, was able to show that priests connected to the Albany Diocese routinely ministered at parishes in Vermont even though they were under the authority of Bishop Howard Hubbard of Albany, NY.

The Survivors’ Network for those Abused by Priests (SNAP) stated that “Albany Bishop Howard Hubbard should accept the court’s ruling, stop further delays, and let this brave victim seek justice. Hubbard’s splitting hairs over which court has jurisdiction rather than showing leadership and helping to resolve this case. We’re glad this judge didn’t buy Hubbard’s reasoning.”

649px-Cathedral_of_the_Immaculate_Conception_AlbanyBishop Hubbard has been trying to keep secret the lengths to which the Church went to cover up the crimes of Father Gary J. Mercure a secret. SNAP stated that, in effect “Hubbard is saying here ‘We want our records to be kept secret’ and “Even if we have to disclose our records, we don’t want them being made public.’”

SNAP also pointed out that “Mercure faced criminal prosecution in Massachusetts. Now, he faces a civil trial in Vermont. But he and his complicit church colleagues have evaded responsibility for heinous crimes and cover ups in New York because of that state’s awful statute of limitations.”

Kenneth Goldfarb, a spokesman for the Albany diocese, disagreed with the decision saying that “The Roman Catholic Diocese of Albany is not based in Vermont, owns no real estate in Vermont, has no bank accounts in Vermont, operates no churches, schools or other facilities in Vermont, and has limited contact with Vermont residents. The diocese believes the proper forum for the lawsuit is New York state and is reviewing the determination by the court.”


The victim filed in Vermont because the state possesses a longer statute of limitations than New York. The victim was raped by Mercure in New York, Massachusetts and Vermont beginning when he was 8 back in the ealry 1980?s.

Mercure is already serving a twenty year minimum sentence in Massachusetts after being convicted of raping two altar boys, one of whom is the man suing the Albany Diocese.

Mercure was removed from active ministry in 2008, but has not been removed from the priesthood as of yet. According to Goldfarb “the diocese has petitioned the Holy See for laicization (of Mercure). We are awaiting a response.” The petition was filed last year. It took less time for a priest who spoke out in favor of same-sex marriage to be drummed out of the Catholic Church in Argentina than it has to remove priests convicted of child sexual abuse.

The Albany Catholic Diocese has sought to block any and all requests from the plaintiff’s lawyers to turn over internal records regarding priests and employees accused of sexual abuse of children. They have sought to have the records only be about Mercure and they have sought to bar anyone from making the records public, and that includes in court filings.