Former Delbarton student seeks to void confidentiality agreement in molestation settlement

NEW JERSEY
Daily Record

Written by
Peggy Wright
@peggywrightDR

A judge Wednesday said he wants to hear evidence and direct testimony before deciding whether a former Delbarton student who settled lawsuit claims in 1988 of being molested by a priest can be freed from a confidentiality clause so he can discuss the case and settlement sum.

For nearly two hours, attorney Gregory Gianforcaro, who represents the abuse victim referred to as John Doe, argued in Morristown that the man now living on the West Coast should be released from a confidentiality agreement that bars him from talking about the settlement reached 25 years ago with the Order of St. Benedict of New Jersey, which runs the private Delbarton School for males in Morris Township.

“Confidentiality should never be tolderated when it deals with a child victim of sexual abuse. We didn’t know it in 1988 but we know it now,” Gianforcaro told Superior Court Judge Stephan Hansbury. The lawyer suggested it would be “cathartic” for the victim to speak publicly about the abuse.

Delbarton attorney Chuck Carella wanted the judge to dismiss Gianforcaro’s complaint, arguing that the settlement is an enforceable contract entered into by the victim when he was an adult, supported by his parents and represented by a lawyer.

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