Syracuse Bishop: New settlement program for sex abuse victims

By Hannah Schwarz
Press Connects
February 14, 2018

https://www.pressconnects.com/story/news/local/2018/02/14/catholic-bishop-clergy-sexual-abuse-program/336563002/

Bishop Robert Cunningham, of the Syracuse Catholic Diocese, leads a "Year of Mercy" Mass Thursday at Catholic Charities of Broome County in Binghamton. Photo by ANDREW THAYER

Bishop Robert Cunningham, right, speaks with Kenneth Feinberg, one of the lawyers directing a clergy sexual abuse settlement program, after a news conference announcing the program Wednesday. Photo by Hannah Schwarz

The Diocese of Syracuse, which includes Broome, Chenango and Cortland counties — is establishing a settlement program for victims of clergy sexual abuse spanning decades, Bishop Robert Joseph Cunningham announced Wednesday.

More than 70 people will receive letters informing them of the possibility of settling, Cunningham said. Those cases relate to about 40 priests, none of whom is still serving in the Diocese, and many of whom are no longer alive. 

The settlement program will be administered by lawyers who oversaw compensation programs for 9/11 survivors, the BP oil spill and three compensation programs in downstate dioceses.

Lawyers Kenneth Feinberg and Camille Biros will "retain complete and sole discretion" over who is eligible for settlements and how much they should receive, Cunningham said. 

"The diocese will accept their determinations without question," according to a statement released by the diocese.

In a 45-minute, standing-room only press conference in a room next to the Cathedral of the Immaculate Conception in downtown Syracuse, Cunningham, Feinberg and Biros laid out the terms of the protocol, and answered dozens of questions from the media.

The protocol, according to statements from Feinberg and Biros, as well as a protocol document distributed to the press, stipulates the following:

• Only people who submitted claims to the Diocese before Wednesday will be eligible for settlements.
• Findings of criminality from the District Attorney's Office are not required for someone to be eligible for compensation. 
• Individuals have to submit claim forms by May 16 of this year to qualify for compensation. 
• Individuals who receive compensation give up their right to sue the Diocese and individual members of the Diocese.
• Individuals will not be required to sign any sort of confidentiality agreement as part of the settlement process, and are free to speak about their alleged abuse.
• Individuals who file a claim and work through the settlement process can withdraw from the process at any time up until they sign a release of liability form. That means they can decide to withdraw after learning of how much settlement money they'll receive.

Asked why the Diocese would not accept new complaints as part of the program, Feinberg said "limited resources" meant they would prioritize those claimants who had previously come forward. 

"We are focused on the people who, long ago, submitted a claim, but did not receive satisfaction," he said.

But Cunningham, Feinberg and Biros would not answer questions about how much money the Diocese has to distribute to victims. Danielle Cummings, director of communications for the Diocese, said the total amount distributed will be released after the settlements are made. 

A document distributed Wednesday, though, said the Diocese would leave open the possibility of expanding the program to complaints made after Feb. 14, 2018.

The settlements will be paid out of the Diocese's liability insurance fund, Cunningham said. The Diocese will not use money donated by people to support parishes, schools, restoration projects or any other programs.

Feinberg said between 130 and 135 claims were made in the Diocese prior to Wednesday, about 76 of those alleged victims. The remainder of claims were made by third parties, like family members, friends or people who saw the alleged incidents.

A spokesperson from the Diocese of Rochester said that Diocese is "finalizing details" of its compensation program and will be announcing it soon.

"Sometimes, we move slowly," Cunningham responded when asked why the Syracuse Diocese was only now establishing a settlement program, more than a decade after allegations came out. He said the Diocese had been observing how similar settlement programs went in other Dioceses downstate.

Cunningham, who appeared at the press conference before leading Mass for Ash Wednesday, came under fire in 2015 after Syracuse.com reported comments he made in a 2011 deposition about abuse.

"The boy is culpable," Cunningham said in the deposition, taken as part of a suit against a member of the Syracuse Diocese.

Later in the deposition, he clarified his view: "Well, I mean, without knowing the circumstances completely, did the boy encourage, go along with (it) in any way?" he said.

Soon after that story, Cunningham issued a statement saying: "Victims of abuse are never at fault!"

On Wednesday, he reiterated that view. 

"No child is responsible for his or her abuser ever," he said. "We will not return to the mistakes of the past."

One of the biggest cases of clergy sexual abuse against minors first came to light in January 2002, when the Boston Globe published a story detailing abuse by Priest John John Geoghan against more than 130 people. Church leaders, including Cardinal Bernard Law, who died last year, knew of the abuse, the Globe reported. Instead of removing Geoghan, they transferred him to another parish.

That turned out to be the case for multiple priests throughout the country and world, allegations against whom were either ignored or addressed through transfers. 

The scandal rocked the Church, and ended up implicating multiple high-ranking officials.

"It has left an indelible mark on the faith lives of so many," Cunningham said Wednesday. "I would like to apologize again for the pain and the suffering caused by some priests in this Diocese."

The Syracuse Diocese encompasses Broome, Chenango, Cortland, Madison, Oneida, Onondaga and Oswego counties.