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A Few Settlements in Nearly 200 Clergy Sex Abuse Cases

By Haidee V. Eugenio
Pacific Daily News
November 8, 2018

https://www.guampdn.com/story/news/2018/11/08/few-settlements-nearly-200-clergy-sex-abuse-cases/1925584002/

Picketers congregate for a protest against Archbishop Anthony Apuron in front of the Dulce Nombre de Maria Cathedral-Basilica in Hagatna on April 30, 2017.

Only about eight of the nearly 200 clergy sex abuse cases filed on Guam were settled during September's mediation, and parties in the lawsuits on Thursday asked the courts to give them until mid-January to continue negotiations.

Lawyers for plaintiffs and defendants gave U.S. District Court Chief Judge Frances Tydingco-Gatewood and Superior Court Judge Michael Bordallo an update about the ongoing mediation.

The Archdiocese of Agana's counsel also informed the courts of the church's planned filing of reorganization bankruptcy by mid-December to mid-January, to help settle the clergy abuse cases by using a combination of non-essential asset sale and insurance money.

The judges said they want another update about the negotiations by 8:30 a.m. on Jan. 18, 2019.

More sex abuse cases to be filed

Attorney David Lujan, counsel for about 120 of the nearly 200 clergy sex abuse case plaintiffs, said none of his clients have settled.

He said he has five to six additional clergy sex abuse cases to be filed, including one he filed Thursday afternoon, alleging former Monsignor Jose Ada Leon Guerrero and Father Raymond Techaira abused the same boy in the 1970s.

As part of the bankruptcy filing, a deadline of around May 2019 may be set for additional claims to be filed against the church for inclusion in the settlement.

Eight clergy sex abuse cases settled

Eight clergy sex abuse cases settled are those filed by plaintiffs represented by Attorney Anthony Perez, who said six of those are settled by the Capuchin Franciscans, two by the Boy Scouts of America, and one by the Sisters of Mercy.

Attorney Michael Berman, speaking on behalf of his 40 clients, said they have no settlement so far.

The Archdiocese of Agana, a defendant in the clergy sex abuse cases, entered into a monetary settlement with two plaintiffs but the church is not disclosing details about these settled cases because of mediation protocol, archdiocese co-counsel Keith Talbot said.

Hopes of making process more transparent

Lujan said, some religious orders, including the Sisters of Mercy, will settle with some of his clients in the next few weeks.

Lujan said he hopes that the planned bankruptcy filing by the Archdiocese of Agana, a defendant in all of the clergy abuse cases, will make the process of mediation more transparent because all statements will be made under oath.

Lujan said all but one of his cases could go to trial, which only involves the Boy Scouts of America but not the archdiocese.

Dozens of men, and some women, have accused priests and others associated with the Catholic church on Guam of sexually abusing them, with some allegations dating back to the 1950s.

In their separate lawsuits, they have demanded at least a $1 billion in damages, not including cases that call for damages to be determined at trial.

Bankruptcy, 41 church assets for sale

Archbishop Michael Jude Byrnes and church attorneys on Thursday said the 41 listed non-essential archdiocese properties remain for sale, but at least two of them had already been sold.

Moving forward, the archdiocese will consult with clergy sex abuse cases' plaintiff attorneys before making further sale, including the former Accion Hotel in Yona and the Chancery property.

The archdiocese and its attorneys said the Chapter 11 bankruptcy filing will allow the archdiocese to reorganize its debts, pay the claims of plaintiffs in the abuse cases, and at the same time continue the operations of its parishes, Catholic schools and other programs.

"There's a silver lining in the bankruptcy filing," Concerned Catholics of Guam president David Sablan said. "It protects the archdiocese from creditors who might want to seek more than what the archdiocese is able to pay."

Sablan, however, said it's unfortunate that the archdiocese has to go through this because of the actions of some former and deceased priests.

"These priests including former bishops violated the trust of the people they're supposed to protect, most especially the children," Sablan said. "But we as a church is firm and resilient and will not allow these things to continue. With Archbishop Byrnes' leadership, we will reach a point where we can further strengthen the church and its relationship with the community."

No word from Vatican

Byrnes, meanwhile, said the archdiocese has not received any word yet from the Vatican about the appeal of Archbishop Anthony S. Apuron, who was found guilty by a tribunal in a case involving child sexual abuse allegations.

Apuron is named in six clergy sex abuse lawsuits including one filed by his own nephew and four by former Agat altar boys. A former seminarian also said his cousin was abused by Apuron, but that cousin didn't come forward.

Byrnes said the archdiocese has also not heard from Father Adrian Cristobal, who was also sued for child sexual abuse cases.

 

 

 

 

 




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