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  Priest Abuse Plaintiff Evaded Taxes

By Brian Krans
Quad-Cities Online [Davenport IA]
September 24, 2006

http://qconline.com/archives/qco/sections.cgi?prcss=display&id=307259

A man who last week was awarded $1.5 million from the Diocese of Davenport in a sexual abuse case served time in federal prison in the 1980s for income tax evasion.

Although attorneys representing the diocese were able to tell the jury about other legal disputes involving D. Michl Uhde, they were barred from talking about his conviction and prison sentence.

Mr. Uhde, 56, filed the suit against the diocese alleging he'd been abused by now-deceased Monsignor Thomas Feeney in the 1960s. The diocese argued that the statute of limitations for filing the suit had passed and that Mr. Uhde should have understood his legal rights.

In support of the argument, Rand Wonio, an attorney representing the diocese, pointed out that Mr. Uhde had signed legal papers for two divorces, child custody disputes, child support and mortgages over the past three decades. He was barred, however, by the judge from citing Mr. Uhde's federal conviction.

According to the Bureau of Prisons, Mr. Uhde was sentenced from U.S. District Court, Davenport, in February 1988 for a single count of attempting to evade income tax.

Further information about the charge was unavailable because federal court records on the case were unavailable because of their age. Mr. Uhde could not be reached for comment.

Mr. Uhde was sentenced to one year in prison, but was granted parole in June 1988. He was discharged from parole in 1989, the BOP said. During his prison sentence, Mr. Uhde had child support suspended through court procedure.

Wayne Sliwa, a Davenport psychologist, testified that the sexual abuse by Monsignor Feeney caused post-traumatic stress and depression that rendered Mr. Uhde incapable of confronting his accusers and filing the suit. He said other legal matters he could handle because they were in no way associated with the alleged abuse by Monsignor Feeney, who died in 1981.

Craig Levien, an attorney representing Mr. Uhde, said under Iowa law the criminal conviction wasn't admissible. He said arguing the case based on Mr. Uhde's mental condition came from diagnosis from Dr. Sliwa.

"The doctors are the one who know everything and give their opinion," he said.

The diocese contended that the statute of limitations has run out for a civil suit in connection with the alleged abuse. The suit was allowed to go to trial because of his mental state.

Mr. Wonio attempted to bring Mr. Uhde's criminal conviction into trial, but Judge C. H. Pelton granted a plaintiff's motion barring it.

In his motion, Mr. Wonio said citing the conviction was not to impugne Mr. Uhde's character, but to show Mr. Uhde was not mentally ill or unable to enforce his legal rights. He said it would further explain why Mr. Uhde had his child support payments put on hold while in prison.

"This explanation ... is strong proof that (Mr. Uhde) was not only not too mentally ill to enforce his legal rights, but was very sophisticated in his efforts to enforce his legal rights," the motion states.

On the stand, Mr. Uhde said his previous legal activities were "routine" and he often just signed what his lawyer told him to.

Staff writer Brian Krans can be reached at (309) 786-6441 or bkrans@qconline.com, Ext. 271.

 
 

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