BUFFALO (NY)
Buffalo News
April 5, 2019
By Jay Tokasz
Federal authorities have sought more records as they investigate the handling of clergy sex abuse cases in the Buffalo Diocese.
Two retired judges who are overseeing a diocese program to compensate abuse victims were served in March with a federal grand jury subpoena for records they reviewed to determine who should be paid and how much they should get.
The law firm of Woods Oviatt Gilman LLP — where one of the retired judges is senior counsel — mentioned the subpoena to at least three lawyers of people who applied to the diocese’s Independent Reconciliation and Compensation Program.
The two IRCP administrators, former state Surrogate’s Court Judge Barbara Howe and former Appellate Division Justice Jerome C. Gorski, declined to comment on the subpoena.
“It would be totally improper for us as IRCP administrators to speak with anyone about any subpoenas issued or other confidential inquiries made to us by any law enforcement officials,” the former judges said in an email.
A spokeswoman for the U.S. Attorney’s Office, Western District of New York would not confirm or deny the subpoena.
But three people told The News that Brian D. Gwitt, a partner and general counsel at Woods Oviatt Gilman LLP, called lawyers as a professional courtesy to let them know that a subpoena had been served on his office seeking records related to their clients. Gwitt declined to comment.
Lawyer Barry N. Covert said Gwitt contacted him on March 7 to tell him that a subpoena sought records related to one of Covert’s clients, Stephanie McIntyre, and for six other people who applied to the diocese’s compensation program.
McIntyre, 50, alleged that the Rev. Fabian J. Maryanski repeatedly sexually abused her when she was a teenager in the 1980s. She agreed in December to accept a $400,000 offer from the diocese in exchange for signing away her right to sue over the alleged abuse.
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