ROCHESTER (NY)
Catholic Courier – Diocese of Rochester
February 12, 2020
By Mike Latona
A federal bankruptcy judge ruled Feb. 11 that — with specific limitations — an attorney for sexual-abuse victims may question Bishop Emeritus Matthew H. Clark under oath about his knowledge of sexual abuse during his years as leader of the Rochester Diocese. The ruling was issued during a hearing in the diocese’s Chapter 11 bankruptcy case.
In January, victims’ attorneys had filed a motion requesting the right to interrogate the 82-year-old prelate about extent of his knowledge of abuse during his 33-year tenure as Rochester’s Catholic bishop, which concluded with his retirement in 2012.
Bishop Clark’s attorney, Mary Jo S. Korona, argued during the Feb. 11 hearing in U.S. Bankruptcy Court that the bishop is not competent to give a deposition, having been diagnosed with early-stage Alzheimer’s disease in July 2019. The bishop made his diagnosis public approximately one month later.
U.S. Bankruptcy Judge Paul R. Warren ruled that Bishop Clark could be questioned by an attorney representing the unsecured creditors’ committee in the bankruptcy case. Acknowledging the possibility that the bishop’s medical condition could cause him to become forgetful or confused, Warren said the deposition must take place within 30 days of his ruling; be conducted in a single day; last no more than three hours and include breaks; and take place with only one attorney each representing the diocese and the unsecured creditors’ committee, plus Bishop Clark’s attorney. No attorneys representing insurers were permitted.
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