Lawyers clash over Nebraska Catholic sex abuse records; A.G. says not all documents turned overhttps://bit.ly/2UZ1drI

OMAHA (ME)
Omaha World-Herald

May 2, 2019

By Christopher Burbach

Catholic officials in Nebraska have not turned over all sexual abuse records demanded two months ago by sweeping subpoenas, although the vast majority of Catholic institutions in the state have complied, the Nebraska Attorney General’s Office said in court Thursday.

The records not turned over, according to church attorneys, include psychiatric evaluations of perpetrators, medical records of priests and victims and confidential settlement agreements. The Archdiocese of Omaha says it is prohibited by law from releasing those records, and will turn them over only if a court orders it to do so.

“Those are the only things we have not turned over,” said Deacon Tim McNeil, chancellor of the Omaha Archdiocese.

The Attorney General’s Office issued the subpoenas in late February to Nebraska’s three Catholic dioceses and nearly 400 churches, schools and other institutions across the state.

That followed Attorney General Doug Peterson’s request that the dioceses voluntarily turn over 40 years of records on sexual abuse by priests or other employees.

The dioceses of Omaha and Lincoln filed suit in Lancaster County District Court in March to quash the subpoenas.

The dioceses said they wanted to comply and were trying to do so, but asked the court to quash the subpoenas, saying they carried an impossible-to-meet deadline of three days, were overly broad and could potentially cost millions of dollars to fulfill.

The court case had been on hold, and a hearing twice postponed, while the two sides agreed to work out their differences.

In a hearing Thursday, Assistant Attorney General Ryan Post said many records are being turned over, and he asked for the lawsuit to be dismissed so the parties could continue to work things out.

Post said the Attorney General’s Office had issued the subpoenas only when, six months after its request for records to be voluntarily turned over, it became clear that not all records were being turned over and that some were redacted.

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