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  Judge Won't Withdraw from Church Abuse Case

WCAX
June 7, 2006

http://www.wcax.com/Global/story.asp?S=4995694&nav=4QcS

BURLINGTON, Vt. -- A Chittenden County Superior Court Judge won't voluntarily step aside as the presiding judge in 19 priest sexual abuse cases that are pending against the Roman Catholic Diocese of Burlington.

Judge Ben Joseph said he would refer the diocese's request that he withdraw to Administrative Judge Amy Davenport.

It's unclear when Davenport will decide the issue or if she will hold a hearing on the withdrawal request.

"The judge has not had an opportunity to see it yet," said Davenport's Administrative Assistant Vicky Harty. "It all depends on the issues raised as to whether she has a hearing or is able to make a decision" based solely on written arguments on the matter.

Church lawyers have argued that Joseph was biased when he wrote a series of pretrial rulings in the case of a South Burlington man who claimed he was molested by the Rev. Edward Paquette when he served as an altar boy in the 1970s. The diocese settled the suit for $965,000 the day before the trial was to begin.

Diocese Attorney David Cleary argued Joseph's decisions forced the diocese to settle the case.

After the settlement Joseph lifted a gag order in the case that allowed a number of church personnel records to be made public.

Attorney Jerome O'Neill, who represents the 19 people still suing the church, has accused the diocese of judge shopping and using a "campaign of intimidation" to influence judges and jurors to rule favorably for the church.

 
 

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