Window for sex abuse claims against Diocese of Rochester could soon close

By Tanner Jubenville
WHAM
September 13, 2019

https://13wham.com/news/local/window-for-sex-abuse-claims-against-rochester-catholic-diocese-could-soon-close

Most the lawsuits filed under the newly enacted Child Victims Act name the Diocese of Rochester, which is much of the reason why it filed for Chapter 11 bankruptcy Thursday.

That law, which went into effect last month, opened a year-long window for sex abuse victims to file lawsuits against their alleged accusers. That included the Catholic Church.

But Thursday's filing has changed how proceedings against the diocese will move forward.

"So all the cases that have been filed in state court, our cases, all the cases being drafted - all those need to be consolidated, and will be consolidated before the bankruptcy judge," said attorney James Marsh, who is representing survivors of clergy abuse.

Marsh says this is a tactic being used by the diocese to expedite settlements for all the clergy abuse cases. He says, this way, the cases will move along faster and survivors will get settlements.

"That’s the fresh start you hear about in bankruptcy," said Marsh.

Now, a bankruptcy judge will set what's called a "bar date," which is a deadline for claims to be submitted. Marsh says it's possible this will happen sooner than later, and survivors may have much less time to bring case forward than under the CVA.

"That’s why it’s so important for the people in the Diocese of Rochester to understand they probably won’t have until August," said Marsh.

Bishop Salvatore Matano, the head of the Diocese of Rochester, says the move was best for both survivors and the diocese.

"Reorganization is considered the best and fairest course of action for the victims, and for the well-being of the diocese," said Matano.

Marsh says it's unclear what impact the bankruptcy filing means for the size of settlements for each survivor.

One of his clients, Jake Giovati, is more concerned about accountability than money.

"It would come in the form of admittance, not just that something happened, but that there was a clear way to prevent what happened from happening, and it was still allowed to happen," said Giovati.

Giovati says he was sexually abused by Rev. Robert O'Neill in the late 1990s and early 2000s while at St. Christopher's Church in North Chili.

"Are those people and the culture that allowed it to occur, is that ever going to be held accountable through this process?" asked Giovati.