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  Alleged Victims Fault Diocese

By Bill Zajac
The Republican [Springfield MA]
December 6, 2005

SPRINGFIELD - Two brothers with clergy sexual abuse suits pending against the Roman Catholic Diocese of Springfield said the bishop told them recently that he was unaware that alleged victims such as themselves had not been invited to settle suits when the diocese settled with 45 others for $7.7 million in August 2004.

The Most Rev. Timothy A. McDonnell, the bishop of the diocese, denied the brothers' claim, saying he simply was confused by the men's change in legal counsel, according to his spokesman.

The 2004 settlement was limited to clients of Greenfield lawyer John J. Stobierski. The outstanding suits from other lawyers' clients, new suits filed by Stobierski and claims by those not represented by lawyers are now part of complicated litigation that includes a legal fight between the diocese and its insurance carriers to determine the insurers' financial responsibility in the abuse cases.



The litigation, which began two years ago, is expected to last possibly more than another year. There are 57 people with outstanding or potential claims, according to court records.

Brothers Peter J. Herrick of Maine and Paul M. Herrick of Vermont said the bishop's inability to understand who was offered a settlement is the latest in a series of frustrating dealings with the diocese.

They reported the alleged abuse by five priests to the diocese's Review Board in 2002, but said it took more than a year to be notified that the panel was about to act on accusations against at least one of the priests.

The brothers filed suit in 2003 because the diocese acted so slowly and ineffectively on the accusations, they said.

The brothers, who grew up in Greenfield, were represented by Boston lawyer Carmen L. Durso when they filed suit. They switched lawyers this year and are now represented by Stobierski.

Diocesan spokesman Mark E. Dupont said the switch in lawyers caused the bishop's confusion about their pending claims.

But Peter Herrick said it was stated quite clearly at the Oct. 19 meeting that Durso represented them at one time and that Stobierski was their lawyer now.

 
 

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