New Allegations Emerge in Lawsuit against Priest
By Alex MacLean
New allegations have surfaced in a lawsuit that alleges a former pool-maintenance contractor at Presentation Church in Stockton was fired after receiving a lewd text message from the parish’s pastor, Monsignor Larry McGovern, who is a high-ranking priest within the Stockton Diocese. An amended complaint filed Friday in San Joaquin County Superior Court claims that McGovern had been removed from a position at Cathedral of the Annunciation in Stockton over allegations of inappropriate sexual conduct and undergone therapy prior to being put in charge of Presentation Church, which operates an elementary school for pre-kindergarten through eighth grade. “We think it’s relevant because of the alleged systemic problem in the Stockton Diocese as has been uncovered with prior issues, including — but not limited to — Oliver O’Grady and (Michael) Kelly,” said Saul Wolf, an attorney for Manly, Stewart and Finaldi, the firm that is representing the plaintiff in the lawsuit. Kelly, who served as priest of St. Patrick’s Church in Sonora from 1987 to 1997, remains wanted by federal authorities after fleeing to Ireland in 2012 while under criminal investigation by the Calaveras County Sheriff’s Office over allegations he had sexually abused a 10-year-old boy at a Mokelumne Hill parish where he was a priest from 2000 to 2002. O’Grady is widely known as the subject of the Academy Award-nominated documentary, “Deliver Us From Evil,” in which he chronicles molesting and raping 25 children since 1973. He was deported to his native Ireland after serving a seven-year sentence in Mule Creek State Prison in Ione over a 1993 conviction for molesting two boys at a Turlock church. The notorious defrocked priest later served time in Irish prison after being arrested and convicted for possessing child pornography. Wolf said the civil complaint against McGovern was amended after attorneys for the Stockton Diocese filed a legal challenge attempting to have the lawsuit thrown out of court before a deposition of McGovern that was scheduled to take place in late April. Part of McGovern’s deposition was to include questions about Kelly and O’Grady, whom he allegedly lived with and supervised in the past. “We feel that is just another delay tactic,” said Wolf. “McGovern is a key witness when it comes to Father Kelly and Oliver O’Grady, so we believe they are trying to delay or thwart anything we may ask him about that and this case.” McGovern testified during the civil jury trial in a prior lawsuit filed by a former altar boy at the Cathedral of the Annunciation, who claimed he was sexually assaulted by Kelly between 1984 and 1985. Kelly left the country days after the jury found him liable of sexual abuse in April 2012. Shortly after that, the diocese settled the lawsuit for $3.75 million. It was later revealed that Kelly became aware of the criminal investigation in Calaveras County on March 22, 2012, when the alleged victim testified as part of the civil trial. A warrant for Kelly’s arrest was issued by the Calaveras County District Attorney’s Office in January 2014 on suspicion of four counts of child sexual abuse, for which he faced a maximum of 14 years in prison. However, the charges were dropped in June 2016 following the alleged victim’s untimely death. Kelly remains wanted by the U.S. Attorney’s Office on suspicion of fleeing the country to evade criminal prosecution, a felony punishable by up to five years in prison. Attorneys for Manly, Stewart and Finaldi say they’ve heard Kelly has been arrested and jailed in Morocco, although Calaveras County and federal authorities haven’t been able to confirm that. Meanwhile, the diocese is in the process of implementing a reorganization plan after filing for bankruptcy in January 2014. Part of the plan involves paying $15 million to nearly two dozen victims of sexual abuse who filed claims against the diocese before it filed for bankruptcy. The diocese had paid $14 million in claims related to sexual abuse in the 20 years prior to filing for bankruptcy. Wolf said the next step in the lawsuit involving McGovern will be to see if the diocese responds to the amended complaint. The diocese could also file another challenge to the amended complaint that would further delay any depositions, he added. The plaintiff, identified only in the complaint as an adult male, owns and operates a pool and fountain cleaning business and had been under contract since 2009 to maintain the fountains and pools at the church, school and residence where McGovern lived. He claimed to have first met McGovern when his son began attending the church’s school in 2008. In July 2016, the complaint alleged that McGovern sent a lewd photo of himself to the plaintiff via text message. McGovern allegedly denied having sent the photo in a subsequent phone call and text message conversation. The plaintiff reported the alleged sexual harassment to Stockton police in August 2016, which resulted in a follow-up investigation. According to a police report attached to the amended complaint, McGovern told a Stockton police investigator that the person in the photo was his friend who was visiting from Ecuador and that he sent it to the plaintiff on accident. On Aug. 4, 2016, the complaint alleged that the plaintiff was released from his contract with Presentation Church. The claims listed in the complaint include sexual harassment, intentional infliction of emotional distress, and negligent and unfair business practice. The amended complaint also includes a new claim for negligent hiring based on past allegations against McGovern, as well as statements from someone who claimed to have repeatedly seen children’s underwear inside his residence. McGovern was placed on leave by Diocese Bishop Stephen Blaire last August when the original complaint was filed.
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