Allentown council fires attorney who advised diocese during sex abuse scandal

By Tony Rhodin
Lehigh Valley Live
August 16, 2018

https://www.lehighvalleylive.com/allentown/index.ssf/2018/08/allentown_council_fires_attorn.html

Allentown City Council on Wednesday night fired the city solicitor a day after his controversial handling of a sexual abuse allegation came to light in a statewide grand jury report on abuse of children by clergy.

The grand jury report says Thomas Traud told the Allentown Diocese to discredit a victim and reassign an allegedly offending priest.

Councilman Courtney Robinson introduced the action to fire Traud -- something that eventually happened in a unanimous vote -- after speaking broadly about the report.

"I am a practicing Catholic and I am disgusted and I am appalled at what was done in the name of my faith," he said, according to a recording of the meeting posted by council. "As a Catholic and an elected official I feel it necessary to apologize to every victim of this and to state the unimaginable pain and sorrow that you're going through was only compounded from this.

"... This is not a decision I have taken lightly to bring forward."

Robinson pointed to pages in the grand jury report that say Traud spoke to the relative of a monsignor in 2002, then faxed information to the diocese that a victim "had once danced as a go-go dancer in the 1960s and she (the source)  believed her to be sexually active."

The same victim was "one of the girls who had an affair with a coach at Central Catholic," Traud wrote, according to the report.

The grand jury then said, "Having received a report that one of their priests had violated children, the diocese and its attorney immediately began to exchange information meant to discredit the victim with unrelated and irrelevant attacks on her and her family."

Robinson also pointed to the grand jury report's references to Traud's legal advice in the late 1980s in the case of another priest suspected of sexually assaulting a child.

In that case, instead of firing the priest as Good Samaritan Hospital sought, Traud recommended transferring him into the position of chaplain, partially blaming the hospital for the priest's alleged actions, the report said.

"Who we choose to have work for us is a statement of the values and the ideals that we hold," Robinson said. "... I do not believe that the words that were attributed to attorney Traud ... represent anything that I as a citizen or a member of this body want our attorney and legal advisor to represent."

Traud emailed a statement Thursday morning.

"Last night, I was removed as Allentown City Solicitor without any member providing me notice or an opportunity to be heard," he wrote. "I am prohibited from any other comment by attorney-client privilege. I appreciate the Mayor's appointment which Council confirmed over three months ago which allowed me to represent the City of Allentown."

According to Robinson, Traud claimed during his May confirmation hearing that he stopped litigating for the diocese in 2000. But the grand jury report has references to Traud making recommendations in 2002 and 2004, Robinson said.

"Quite frankly, whether an intentional lie or not, it was a lie to this body during a confirmation hearing," Robinson said. "And I don't think it is wise for us to continue with legal representation when we are not getting all the facts straightforward and clearly."

Council Vice President Candida Affa added, "It's important for them to tell us the truth. ... He lied to us."

Council members addressed the constitutional role of an attorney.

Affa said she understood the basic principle that an attorney must do his or her best to defend a client, but "there's a line that you cross. Having our solicitor in the cross hairs of this is not good for the city of Allentown."

Council President Roger MacLean, who would eventually vote "yes," talked about his 40 years in police work and his distaste at times for how attorneys represented those arrested.

"We don't always agree with those attorneys. Their job is to put on the most rigorous defense that they can for the defendant. ... I believe Mr. Traud did what he had to do to represent his client, which was the Diocese of Allentown."

Mayor Ray O'Connell suggested council hold off and wait to hear from Traud in a public setting, but Councilman Julio Guridy said Traud was aware the issue would come up Wednesday night and for whatever reason, didn't attend the council meeting.

"This is a rush to judgment in my view," the mayor said, adding Traud is both ethical and moral, "a man of integrity, a man of character."

"I wish you would not terminate him ... But you have to do what you have to do and I will respect your decision."

Two members of the public -- one who said he was sexually abused 60 years ago but added Traud should be heard -- spoke against the immediate firing.

Robinson said he was judging Traud not by the actions of his client, but was "holding him responsible for the words he put down for his clients."

Councilwoman Cynthia Mota added, "The abuse has to stop and we do have to take a stand. ... We have to protect our children."

The vote was brief, with Robinson being "emphatically yes," and both Councilman Daryl Hendricks and MacLean pausing before adding their "yes" votes.