Boston Lawyer Who Helped Uncover Catholic Church’s Child Sex Scandal Applauds Cuomo’s Reform Plans for New York Victims

By Stephen Rex Brown And Kenneth Lovett
New York Daily News
January 12, 2017

http://www.nydailynews.com/news/politics/boston-lawyer-applauds-cuomo-child-victims-act-support-article-1.2945130

Mitchell Garabedian (r.) said he is especially encouraged by Cuomo's decision to include a look-back component to his version of the Child Victims Act (SUSAN WATTS/NEW YORK DAILY NEWS)

The attorney who helped break the bombshell story about abuse of children by Catholic priests in Boston hailed Gov. Cuomo's support of reform of the statute of limitations for New York victims.

Mitchell Garabedian said the announcement had changed the calculus for victims considering enrolling in a settlement program created by Timothy Cardinal Dolan that offers compensation to victims in exchange for their waving the right to sue. Participants in that program currently do not have a right to sue due to the statute of limitations.

Garabedian said he is especially encouraged by Cuomo's decision to include a look-back component to his version of the Child Victims Act unveiled Thursday that would give child sex abuse victims who can no longer bring civil lawsuits under current law a one-year window to do so.

"The fact that Gov. Cuomo will support retroactive legislation has empowered my clients and given them the hope of having leverage if they're not satisfied with the result of the Archdiocese settlement program," Garabedian said.

"Before Gov. Cuomo's announcement, my clients had one choice: it was only the settlement program. If legislation is passed, my clients have two choices: the settlement program or seeking legal relief through access to the courts."

The Archdiocese program is being run by an independent administrator, Kenneth Feinberg.

Feinberg, who could not be reached for comment Thursday, told the Daily News in late December that more than 60 victims had applied to Dolan's program to compensate people sexually abused as children by clergy in the New York Archdiocese.

Garabedian said the announcement means victims have an alternative to a settlement program created by Timothy Cardinal Dolan (pictured) that offers compensation to victims in exchange for their waving the right to sue. (MARCUS SANTOS)

In addition to the one-year window provision, Cuomo's plan would do away entirely with the statute of limitations on prosecutions of those who abused children while also allowing victims to bring civil lawsuits for 50 years from when their attacks took place.

And it would treat public and private institutions the same by doing away with a current requirement that gives those abused in a school or other public entity only 90 days from the attack to notify of their intent to sue.

Child sex abuse survivors continued to praise the plan on Thursday but acknowledged there are still hurdles in the Legislature, where similar legislation has languished for more than a deacde.

“We have to keep the pressure on,” said former model Nikki DuBose, who was sexually abused as a child. “I think we really have to strategize so we can keep creating a lot of momentum to see that the bill gets passed. Fortunately we have the governor's support. I think what he is doing is very brave and courageous.”