WI–Court rules that Wisconsin law prohibits examination of possible fraudulent mediations by the Milwaukee Archdiocese

WISCONSIN
Survivors Network of Those Abused by Priests

Statement by Peter Isely, SNAP Midwest Director (Milwaukee)
CONTACT: 414.429.7259

Today, the Federal 7th Circuit Court of Appeals ruled that evidence the Archdiocese deliberately provided false information to procure a liability release in a case brought by one of the deaf victims of childhood sexual assault by the notorious Fr. Lawrence Murphy, cannot be heard in court because of Wisconsin’s “immunity law” on corporate mediation.

Before signing his legal release, the deaf victim in this case was told by church officials during mediation, according to his affidavit, that Murphy was not known to have a history of criminal sexual conduct against before he was assaulted as a child by him. Church documents obtained after the settlement now show that to be false and prove the Archdiocese knowingly lied to induce a mediation settlement. But under Wisconsin law, mediated settlements, even those procured under false or fraudulent premises, cannot be reopened or reexamined by any court.

The ruling could have implications for several dozen of the 575 victims who filed into the Milwaukee Archdiocese bankruptcy, now headed for its fourth year.

Unfortunately, this means that the voluminous evidence that Dolan and church officials had designed the mediation program prior to the bankruptcy to deliberately defraud victims and cover up knowledge of child sex crimes will likely never be brought before a judge or jury.

A second ruling by the 7th Circuit concerning Dolan’s establishment of a “cemetery trust” to hide $57 million dollars from sexual abuse victims is expected to be ruled on in the future.

The bigger picture, however, that is being constantly obscured by the endless maneuvering, motions, and the literally millions of pages of legal minutia, is the enormous toll the unprecedented bankruptcy itself is taking on the hundreds of victims who have been seeking justice. Each month it drags miserably forward, any actual hope for justice dims.

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