By Ed Langlois

A Portland attorney who refused to enter talks over an Archdiocese of Portland document release is continuing a solo legal venture.

Erin Olson hopes to publicize thousands of pages of clergy personnel information.
Olson, who represented multiple accusers during the archdiocese’s three-year bankruptcy, came before U.S. Bankruptcy Judge Elizabeth Perris last week to push her point about the documents.

Perris has set up a hearings schedule that aims to settle Olson’s request by fall.
“It’s been a long time,” Perris told lawyers last week, urging them to find a resolution on documents soon.

Meanwhile, a mediation over document release will begin April 1, with the archdiocese and a handful of accusers’ lawyers being guided by retired Circuit Court Judge Lyle Velure. If that fails, U.S. District Judge Michael Hogan will step in to arbitrate. The process was the plan all along in case negotiations over the documents stalled.

In the $72 million sex abuse settlement reached a year ago, lawyers for accusers and the archdiocese agreed that documents would be released to shed light on how church leaders handled abusers. The archdiocese last June placed almost 400 pages of letters, depositions and memos on a website — www.archdiocesedocuments.org. Church leaders and their lawyers said more documents might follow, but did not want to give out private information that is not germane.

Negotiations began over what documents would be released when. Seven attorneys representing accusers joined, but Olson stayed out. Immediately after the web release, she had written to lawyers on both sides, urging that thousands more pages be unsealed.

Late last year, attorney Kelly Clark walked out of the document negotiations with the archdiocese, despite church leaders’ contention that the talks were progressing.
Tom Dulcich, legal counsel for the archdiocese, told Perris at last week’s hearing that neither side appears to be “dragging feet” in talks.

Bud Bunce, spokesman for the archdiocese, says Olson and Clark are trying to rush a process that had been planned out in advance with the agreement of everyone except Olson.

“We have already released a number of documents,” said Bunce. “We have said we will release more, and we are in the process of working that out. It does take a certain amount of time.”

The archdiocese had suggested that Olson’s document dispute could be handled by Hogan, who with Velure helped achieve last year’s landmark bankruptcy settlement. But Perris said such an appointment is not part of bankruptcy court rules.
Judge Perris, by setting the schedule the way she did, affirmed the archdiocese’s request that her decision be deferred until Judge Hogan has a chance to rule in his arbitration.

Meanwhile, parishes all over western Oregon are showing mandatory films and continuing an education process so that students, parents and staff can recognize and block possible sexual abuse. Last week, Catholics fasted and prayed for a day to promote healing of abuse victims and the church.

Oregon high court confirms report date as key in civil suit

By WILLIAM McCALL
Associated Press writer

By RODGER NICHOLS
of The Dalles Chronicle

     PORTLAND — The statute of limitations on a sex abuse claim against a government employee in Oregon may depend on when the victim realizes the government was involved, not when the actual abuse occurred.

     The Oregon Supreme Court ruled unanimously Thursday the city of The Dalles could not claim the statute began running when a member of the police Explorer Scout program was sexually abused by a police officer in 1996.

     The boy was 16 at the time, but he did not disclose the abuse until 2001, after learning that another police officer was under investigation for serving alcohol to a minor.

     The victim was then called to testify at a grand jury hearing on the officer who abused him, James Tannehill, and realized he had a claim against the city.

     Kelly Clark, attorney for the victim, said the ruling “closes one of the loopholes where the government goes to hide when a government employee abuses a kid.”

     Clark said government agencies have argued the statute of limitations begins when the abuse occurs, but that is “totally unrealistic for any child sex abuse survivor,” especially when the offender is typically somebody in authority.

     “If you have a government coverup, the clock begins to run when you discover the government had a role in the abuse,” Clark said, “so it’s really a big deal.”

     The victim, identified only as “T.R.,” filed a negligence and sexual battery claim against The Dalles in June 2002. The suit was amended in July 2003 and a federal civil rights suit was added in April 2004.

     The city argued the two-year statute of limitations had already expired because the abuse occurred in 1996, but a trial judge rejected the argument.

     A civil court agreed, awarding $81,260 in damages under the federal civil rights law and a supplemental judgment awarding plaintiff $261,701.92 in costs and attorney fees.

     The Oregon Court of Appeals, however, ruled in 2006 in favor of the city, concluding that “at the time of the abuse itself, plaintiff had sufficient information” to determine he had a claim against the city.

     The Oregon Supreme Court reversed the Court of Appeals and sent the case back to that court for reconsideration.

     In an opinion by Justice Martha L. Walters, the Supreme Court ruled the question about the sexual abuse claim should have gone to a jury to decide.

     The court noted the Explorer Scout program in The Dalles was created and operated by the city in cooperation with the Boy Scouts of America to introduce teenagers to law enforcement and involve them in police operations.

     The Boy Scouts had advised the city about its policies and procedures to prevent child sexual abuse, the court said, but the city delegated the authority to run the program to Tannehill without training him for the position and also failed to create a required oversight committee.

     The victim was 16 and living in foster care when Tannehill approached him and suggested he enroll in the Explorer program. After regularly spending time alone with the victim, on and off duty, and serving him alcohol, Tannehill abused the teen, the court said.

     The court said the teen was confused and asked two other city police officers about Tannehill serving him alcohol and whether he had an interest in boys. “One just laughed, the other told him he didn’t want to talk about it,” Walters wrote.

     The victim broke off contact, graduated early from high school and joined the Army. He was 22 when his grandmother read him a newspaper article that reported the Oregon State Police had charged another police officer in The Dalles with serving alcohol to a minor.

     The victim contacted state police investigators, told them about the abuse by Tannehill, and was called before a grand jury, where he “suspected for the first time that department members, and perhaps even command staff, may have permitted the sexual abuse that Tannehill had committed and failed to protect Explorers, including himself, against such abuse,” Walters wrote.

     The court said the indifference shown by the two fellow officers the victim questioned about Tannehill “discouraged any further inquiry.”

     The court also noted the victim did not discover until later that prosecutors and state police suspected the problem was more widespread than a single officer and that the city may have failed in its duty to protect him and other Explorer Scout members.

     As a result, the Supreme Court ruled that a jury could have found the victim had filed his federal civil rights claim in a timely manner, and the trial judge correctly rejected the city’s argument the statute of limitations had run.

     Tannehill, a sergeant, and another officer, Lance Kirk, were convicted in 2001 of abusing boys.

     The Dalles City Attorney Gene Parker said Friday morning that the city had received a fax late Thursday from attorney Robert Franz outlining the Supreme Court decision. Franz represented Northland Insurance Company through the trial and appeal process. Northland represented the city at the time the incident occurred.

     “I’ll probably need to talk to Mr. Franz and find out what can be the next step,” Parker said, “whether there’s going to be any further attempts to consider any further appeals, or if the judgment now just stands. I would assume at this point that if the judgment stands, we would be covered by our insurance policy and they would end up paying a judgment.”

By Bill Bishop

The Register-Guard

PORTLAND — Lawyers who charge the Archdiocese of Portland is going back on a promise to open its records about priests who sexually abused children were back in court Thursday to ask a judge to decide what should happen to thousands of documents in question.

The judge set a schedule for hearings that should settle the controversy in October.

The disputed records were part of an April settlement in the archdiocese’s historic bankruptcy reorganization, the first in the nation by a Catholic diocese facing lawsuits that sought millions of dollars in damages for sexual abuse by priests.

The reorganization, filed in 2004, paid $77 million to settle 175 lawsuits. It allowed the archdiocese to continue operations without selling any parish or school properties. As part of the deal, Archbishop John Vlazny released some priest personnel and other church records, and said other documents may be released through a mediation process between the church and lawyers for victims.

The mediation process broke down last month when one of the main negotiators for abuse victims, attorney Kelly Clark of Portland, walked out. Clark said Thursday he is embarrassed that he ever believed church leaders intended to keep their promise.

Another lawyer for abuse victims, Erin Olson of Portland, then asked U.S. Bankruptcy Judge Elizabeth Perris to open records that had been under seal in the case. Olson said she never had any faith in the mediation process between the church and Clark, and refused to participate in it.

Archdiocese spokesman Bud Bunce said Thursday that both lawyers are jumping to conclusions and rushing a process that had been set up for the purpose.

“We have already released a number of documents,” Bunce said. “We have said we will release more, and we are in the process of working that out. It does take a certain amount of time.”

In court Thursday, Perris made it clear that she intends to settle the controversy as quickly as possible.

“It has been a long time,” Perris told lawyers for both sides. “This process isn’t going to take another year. I can assure you of that.”

Perris encouraged both sides to continue negotiating to settle on as many disputed documents as possible through the mediation/arbitration process involving Clark. But she also set out a parallel court process that will conclude with a hearing Sept. 30 after which she will rule on any remaining documents.

The outcome either will set a precedent for Catholic organizations nationwide, or will shift the fight for church accountability to another diocese elsewhere in the country, said John Shuster, a former Catholic priest and current member of the national board for the Survivors Network of those Abused by Priests.

He said abuse survivors will never stop pushing for public safety from pedophile priests, and for accountability among church leaders who covered up their crimes against children.

“The bishop should be made to live up to what he agreed to,” said Shuster, who attended Thursday’s hearing. “There are priests out there who have committed serious sex crimes against children. They have never been identified. There is information in those records that is going to show more priests and more complicit church leaders. You can be 80 years old and still abuse a child. This is an issue of public safety.”

However, Bunce said church leaders have publicly and repeatedly apologized for abuse by clergy and for failures in leadership. He said the archdiocese has implemented policies to help educate parents, teachers and children about recognizing, reporting and preventing child abuse.

“We are not in denial about this,” Bunce said. “We understand it very clearly.”

The Associated Press

PORTLAND, Ore. (AP) — The statute of limitations on a sex abuse claim against a government employee in Oregon may depend on when the victim realizes the government was involved, not when the actual abuse occurred.

The Oregon Supreme Court ruled unanimously Thursday the city of The Dalles could not claim the statute began running when a member of the police Explorer Scout program was sexually abused by a police officer in 1996.

The boy was 16 at the time, but he did not disclose the abuse until 2001, after learning that another police officer was under investigation for serving alcohol to a minor.

The victim was then called to testify at a grand jury hearing on the officer who abused him, James Tannehill, and realized he had a claim against the city.

Kelly Clark, attorney for the victim, said the ruling "closes one of the loopholes where the government goes to hide when a government employee abuses a kid."

Clark said government agencies have argued the statute of limitations begins when the abuse occurs, but that is "totally unrealistic for any child sex abuse survivor," especially when the offender is typically somebody in authority.

"If you have a government coverup, the clock begins to run when you discover the government had a role in the abuse," Clark said, "so it’s really a big deal."

The victim filed a negligence and sexual battery claim against The Dalles in June 2002, and then added a federal civil rights claim in July 2003.

The city argued the two-year statute of limitations had already expired because the abuse occurred in 1996, but a trial judge rejected the argument.

The Oregon Court of Appeals, however, ruled in favor of the city, concluding that "at the time of the abuse itself, plaintiff had sufficient information" to determine he had a claim against the city.

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Lawsuit, stemming from alleged 1970s incidents, seeks $6.3 million and to change statute of limitations

By Sam Bennett

The Lake Oswego Review, Mar 13, 2008

A lawsuit against the Lake Oswego School District alleges three boys were sexually abused at Bryant Elementary School in the early 1970s.

The statute of limitations in Oregon for sexual abuse cases involving public employees is two years. The suit seeks to change that law, possibly by taking the case to the State Supreme Court.

Portland attorney Kelly Clark, who represents the men bringing the case, said his clients are “in this for the long haul.”

Clark said that the men realize that to win they will have to change the statute of limitations.

“This loophole ought to be fixed, whether it’s fixed by the Supreme Court or by the Legislature,” Clark said.

Clark said he feels he has a good case for declaring the two-year statute of limitations unconstitutional. The school district’s attorney, Peter Mersereau of Portland, said the district is investigating the case.

“The district intends to defend itself,” Mersereau said.

He said he believes the constitutionality of the two-year statute of limitations will be upheld.

In the case, the three men are asking for punitive damages of $6.3 million.

Lake Oswego Superintendent Bill Korach said the suit “came out of the blue.”

The suit alleges that Judd W. Johnson of Lake Oswego, 66, fondled the genitals of one of the boys in class in front of other students in 1972 or 1973. Johnson allegedly fondled the genitals and buttocks of two other boys in front of a classroom in 1973 or 1974. The fondling was allegedly done while the boys had their clothes on.

Johnson “gained their families’ trust and confidence as a teacher and authority figure…,” the suit claims.

Each is asking for $2 million in non-economic damages related to physical and emotional trauma and $100,000 for counseling, psychiatric and psychological medical treatment.

In two of the cases, the lawsuit states that the alleged victims realized the connections between the alleged molestations and physical, mental and emotional injuries in 2007.

The third alleged victim said he discovered the connection in November 2006.

Kelly said the two-year statute of limitations is unfair because many victims aren’t aware of the damage or won’t report it within two years of the abuse.

“The impact of child sex abuse produces a mental block, where they’re not able to appreciate the injuries,” he said. “They knew they were abused, but can’t get past the guilt or shame. There is a mental block.”

The suit said the alleged victims were “incapable of bringing a claim within two years of the abuse they suffered at the hands of Johnson.”

Ten times more than medical treatment to U.S. victims

Legal Fees now total $200 million for the past four years

Also, number of never before reported clergy offenders in U. S. increases for first time

Statement by Peter Isely, SNAP National Board, Milwaukee

United States bishops paid a staggering $60 million dollars to their attorneys last year to defend themselves for covering up child sex crimes, according to a yearly “self-report” issued today.   The total amount of money bishops have been billed by attorneys in the last four years now tops $200 million dollars.

In comparison, the bishops last year spent one tenth of that total, or about 8 million dollars, on therapy costs for victims.  And $22 million dollars was spent on child protection efforts in 2007, or just one third of what church attorneys billed Catholic dioceses last year.   

These figures were buried today in the annual self-report “audit” released by the American Catholic Bishops and they reveal very starkly exactly what the priorities are for the bishops:  themselves.   

Of equal concern, for the first time since self-reports were issued in 2004 the number of U.S. Catholic clergy with “new, credible” allegations of child sex abuse increased last year by ten percent.  204 newly identified clerics last year were reported to have committed child sex crimes in Catholic institutions across the United States.  The number of clerics known by church authorities who have raped or sexually assaulted children over the past several decades totals, with the new numbers, over 5,000.   

Sadly, on the eve of the Pope’s first visit to the United States, just a few months away: 

-The identities and settlement locations of clerical sex offenders remain secret.

-56 U.S. religious orders refused last year to even participate in the self-report and are not in compliance with the Dallas Charter.

-Clergy are still not mandatory reporters of child sex abuse in the majority of U.S. states. 

-No bishop or priest has yet to be disciplined or fired for not reporting child abuse or for covering up child sex crimes.

-Several lay review boards did not even meet in 2007.

-Church hired “auditors” who issued the report were again given no access to personal files, making it pretty hard to review criminal conduct.

-The quality, duration or nature of outreach to victims or treatment and supervision of offenders remains a mystery. 

Admittedly, some information about child sex crimes from American bishops is better than none.  But today’s self-report, like the ones issued in the past, raise a lot more questions than they answer. 

Even so, when the Pope visits the United States this spring, will the American bishops insist that the partial reforms in the United States must be implemented across the globe?   

There are 400,500 clergy in the Catholic Church worldwide.  The American bishops have admitted that at least 4 percent of their clergy are or have been child sex offenders.  That would mean, conservatively, some 20,000 priests worldwide are likely child molesters who are unpunished, untreated and unsupervised.    

As for the United States, as long as federal or national authorities, such as the Department of Justice, no doubt out of political considerations, will not investigate how over 5,000 priest child molesters were transferred into virtually every parish and school in the United States, including across state and international boundaries, Catholics have little choice but to rely on these on these thin, compromised, and poorly constructed yearly reports.

The Survivors Network of those Abused by Priests (SNAP) is the nation’s oldest and largest self help organization of clergy sex abuse survivors, founded in 1980 with over, 7,000 victim/survivors in 61 chapters nationwide.  Visit SNAP online at SNAPnetwork.org

By JESSICA KELLER
ARGUS OBSERVER
Sunday, March 9, 2008 4:58 AM PDT

VALE  - The attorney for the Portland man suing the Church of Jesus Christ of Latter-day Saints and the Boy Scouts of America said his client is typical of many who come forward later in life with sexual abuse lawsuits aimed at individuals employed or formerly employed by high-profile entities.

Portland attorney Kelly Clark, a child sex abuse attorney and former Oregon state legislator, filed a lawsuit in Malheur County Circuit Court Feb. 21 on behalf of a Portland-area man seeking nearly $5 million in general damages from the Church of Jesus Christ of Latter-day Saints and the Boy Scouts of America.

The man, referred to in court documents only as Tom Doe, asserts he experienced abuse from an LDS youth leader and Boy Scout troop master named Larren Arnold, as a youth in Nampa.

Clark, an attorney with the Portland law firm O’Donnell, Clark and Crew LLP, said based on his experience working with sex abuse victim claims, he absolutely believes Doe’s allegations are true and the lawsuit warranted.

“Because I’ve done a number of these cases over the years, I have a system of evaluating both the client and the case, and this met all the criteria,” Clark said, adding when a potential client comes to him with a case, the first thing he does is establish its plausibility based on the background he is provided.

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