NJ judge denies Delbarton School’s bid for retrial in sex abuse case

NEWARK (NJ)
NorthJersey.com [Woodland Park NJ]

December 30, 2025

By Amanda Wallace

A judge has denied the Delbarton School’s request for a new trial, months after a jury unanimously awarded $5 million to a former student who sued the all-boys Catholic school, alleging sexual assault by one of its monks nearly five decades earlier.

In a decision filed Dec. 29, state Superior Court Judge Louis Sceusi denied a motion brought by the Morris County school, ruling that the record fails to establish “clear and convincing evidence” of any miscarriage of justice that would require a legal do-over.

The jury arrived at a “fair and well-reasoned verdict” after its five-week trial this fall, Sceusi wrote.

The unanimous Oct. 8 verdict was a milestone, hailed by clergy abuse victims and advocates. It was the first civil sex abuse lawsuit against the Catholic Church to go to a jury in New Jersey since the state extended its statute of limitations in 2019. It was also the first of dozens of clergy abuse claims against Delbarton to reach a trial, though the school has settled others.

During the trial, the 65-year-old plaintiff, identified only as “T.M.” to protect his privacy, alleged that the Rev. Richard Lott abused him on New Year’s Day in 1976, when he was attending the Morris Township school.

Lott, 89, denied the accusations, stating in his testimony that he was not on campus on the date of the alleged assault and was instead serving as a parish priest in Lakewood. He said he had never had sex with anyone.

The six-person jury at the Morris County Courthouse ultimately ruled that the abuse had occurred and that both Lott and Delbarton were liable for T.M.’s suffering. Jurors spared Delbarton a further financial hit, however, when they decided not to award punitive damages on top of their $5 million compensatory award.

The case for retrial

In an Oct. 28 state court filing, Delbarton and the Order of St. Benedict of New Jersey, which operates the school, complained of a “litany of errors” from “start to finish” at the trial, requesting a retrial.

The defendants applied for a mistrial six times but were denied by Sceusi each time, the motion noted.

In the filing, the Morris County school and the Order of St. Benedict argued that terminology used by the plaintiff’s attorney at the trial was “intentional and inflammatory” and “irreparably tainted the jury’s perception of the case.”

The filing also cited the exclusion of the order’s medical expert from testifying, allegedly improper statements by T.M.’s attorney, and misconduct by a juror that led to his removal. A new trial is “required to preserve the integrity of the judicial process,” it added.

More: Can Delbarton recover from $5M sex assault verdict? ‘Stakes are high’ as jury reconvenes

On top of that, James Barletti, a lawyer for Delbarton and the Order of St. Benedict, deemed the $5 million award “excessive.” The school was found 65% liable for the award, with Lott responsible for the rest.

Rayna Kessler, an attorney for T.M., dismissed the motion as “nothing more than Delbarton and OSBNJ’s continued refusal to accept accountability.” The $5 million award was not excessive, she told NorthJersey.com.

Judge denies Delbarton’s request for new trial

In his ruling Monday, Sceusi wrote that he found no evidence that the plaintiff’s counsel’s remarks “irreparably influenced the jury” and said the exclusion of the medical expert’s testimony was justified.

The court also found that the issue of juror misconduct was handled as required by law, according to the ruling.

“In review of the entire record the court sees no substantial prejudice or injustice to either party. The proceedings as a whole were even handed and fair,” reads the decision. “The court acted appropriately, under the circumstances, and the jury’s verdict represents a sound reasonable evaluation of the evidence.”

The judge also determined that the $5 million award is “neither excessive nor unsupported by the evidence.”

“The court has spoken, and the jury’s voice has been upheld,” Kessler said in an emailed statement Tuesday afternoon. “This case was the first of many to go to a jury under the 2019 law, and this ruling ensures that the precedent set by this jury stands firm.”

She continued, “After nine years of contentious litigation, it is time for Delbarton to stop fighting the truth and start accepting accountability. True healing for its many victims cannot occur until the school finally reconciles with its past failures.”

Barletti did not respond to a request for comment on the judge’s decision. Delbarton spokesperson Jessica Fiddes declined to comment, citing the school’s policy against speaking on active litigation.

By Amanda Wallace

https://www.northjersey.com/story/news/new-jersey/2025/12/30/nj-judge-denies-delbarton-school-bid-for-retrial-in-sexual-assault-case/87957088007/