Why the Grand Jury Probe Should Be Welcomed, Not Criticized

By MARCI A. HAMILTON
Thursday, Feb. 5, 2009
FindLaw

Recently, it was announced that Los Angeles United States Attorney Thomas P. O’Brien was starting a grand jury investigation into allegations of a child sex abuse coverup by the Catholic Church’s Los Angeles Archdiocese. The announcement was met with consternation and defensive cries from various Catholic quarters. Before they drown out the larger public good, however it is worthwhile to spend some time with the facts – which, I will argue, show that a grand jury investigation is exactly what should be occurring now.

Professor Kmiec’s Argument: The Claims of Abuse Were "Well-Litigated"

Pepperdine law professor Douglas Kmiec (who has also been a guest columnist on this site) quickly posted a lengthy critique on Catholic Online, arguing that "wading into this already well-litigated matter gives every appearance of ‘piling on.’" In support of his claim, he pointed to the fact that the Archdiocese settled civil claims with over 500 victims for a total of $660 million. The fact, though, is that the claims never were "well-litigated." Kmiec is right about one thing: The end result was a settlement, not hundreds of trials, which would have released mountains of information to the public.

The apparent reasons behind the settlement are very pertinent: First, early on, the church hierarchy succeeded in getting many claims consolidated together, so as to avoid individual litigation. Many survivors wanted their day in court and opposed consolidation, but this procedural move by the hierarchy meant that large collections of cases were treated as though they were single cases with judges overseeing many at one time. That way, the hierarchy could argue to reduce per-person claims, because the size of the total award would be large no matter what and the hierarchy could more effectively and efficiently control what information about the coverup would be released.

Second, the Archdiocese settled essentially on the eve of trial, when it appeared that the Cardinal would have to testify regarding his obvious knowledge of a great deal of abuse. In other words, the settlement was a tactic to keep a further lid on damaging information. Thus, despite the settlement, relatively little information, especially given the amount that is still under the sole control of the Archdiocese, has reached the public.

Kmiec still claims, however, that the public has enough information. He writes: "What’s more, the hypothetical prosecution cannot really be said to promote greater disclosure, as the Cardinal already issued a 2004 report giving individualized detail of priests accused of abuse." Yet that report is better described as a mere outline. Moreover, and more importantly, as part of the Los Angeles settlement, Cardinal Mahony promised to release millions of pages of files on the abusers, the abuse, and the coverup. Survivors insisted on it as a necessary element of the settlement.

These promises have not yet been worth the paper they were printed on. Mahony’s lawyers, on behalf of their client, have been in court ever since the agreement was signed, to oppose release of each of the papers, one by one. As Los Angeles County District Attorney Steve Cooley has said, "Three years ago, I urged Cardinal Mahony to provide the fullest possible disclosure of evidence of sexual abuse by clergy. Despite two court rulings ordering full disclosure, Cardinal Mahony continues to claim ‘confidentiality privileges’ that no court has recognized." Few citizens know that the Archdiocese’s lawyers still continue to drag the plaintiffs’ lawyers to court on a regular basis to evade Mahony’s promise to reveal all of the relevant secrets. It is not over, and the reason it is not over is because of the continuing tactics of truth-evasion practiced by Mahony.

The Church’s Claims of a New "Zero Tolerance" Policy Are Belied by the Evidence

Kmiec goes on to claim that "under Rome’s supervision, which the Holy Father personally reasserted just months ago in his visit to America, abusers have been defrocked and a ‘zero-tolerance’ policy is in place." But Kmiec is simply too smart to make such hollow claims. If zero-tolerance is the policy, then the Cardinal has made a mockery of it.

The facts speak for themselves. In 2006, Los Angeles police questioned church and school officials about Daniel Murphy Catholic High School’s Dean of Students, John Malburg, against whom current child sex abuse allegations were being asserted. (Malburg comes from a prominent Los Angeles family.) Yet, despite receiving clear notice from authorities that there were claims of abuse asserted against Malburg, the Archdiocese did not suspend him and kept the information secret. When Malburg was arrested and charged six months later, and parents complained that they had not been timely alerted about the allegations, the Archdiocese blamed the police, saying that they had asked that the information be kept secret. The LAPD, in the Los Angeles Times, said it had never made such a request.

And Malburg is far from the only example demonstrating the Los Angeles Archdiocese’s and sadly the larger Church’s continuing tolerance – and, indeed, protection – of alleged child abusers. Fr. Nicholas Aguilar Rivera allegedly abused at least 26 boys in Los Angeles in a mere nine months. In August 2007, church records about Aguilar were released to the public. The records indicated that then-Msgr. Thomas Curry notified Aguilar about the release of the records, leading Aguilar to escape to Mexico to avoid prosecution, where there are credible allegations that he went on to molest more children. The upshot? Far from being demoted for violating the "zero-tolerance" rule, Curry was promoted to be one of Mahony’s auxiliary bishops, and was never disciplined for putting more children within reach of a priest whom evidence strongly suggests is a serial pedophile.

Then there is Franciscan monk Gerald Chumik — an admitted child molester who has been a fugitive from his native Canada for fourteen years. Until 2005, Mahony had permitted Chumik to live in the Los Angeles Archdiocese; Chumik left only because the Survivors Network of those Abused by Priests and others demanded that he be turned over to the authorities. Even in the face of these reasonable demands, Mahony did not go to the authorities; instead, he let Chumik move to Missouri.

This is not remotely zero-tolerance. Rather, it is just plain tolerance of pedophiles. Mahony has not made a clean break from the internal culture and rules requiring coverup and secrecy, and his actions and omissions have obviously created danger for children in other states and countries. According to Kmiec, though, "this is not the equivalent of a federal public or corporate corruption offense meriting 20 years in the federal pen." Explain that to the kids evidence strongly suggests were abused by Malburg, the Mexican kids believed to have been abused by Rivera, or to Chumik’s acknowledged victims, wherever they may be. Explain that to the parents at Malburg’s school who surely trusted in all of the public assurances from the Pope on down about zero-tolerance, whose children attended school with a credibly accused pedophile and were told nothing about it until the authorities were involved.

Other Arguments Against the Grand Jury Investigation Are Also Completely Unconvincing

Others came to Mahony’s defense as well, including Professor G. Robert Blakey of Notre Dame Law School, who said the investigation was "outrageous" because the alleged conduct at issue is unrelated to the federal government. That is a mistake, though. It is a fact that predator priests often have been sent across state or national boundaries (see above). The national and international movement of pedophiles makes the task of a full investigation by any local district attorney impossible. Moreover, many of the perpetrators have taken their victims across state lines, frequently for "vacations" or camping trips. The United States should have been involved long ago, and one can only speculate what took the Department of Justice so long to consider investigating what are obviously federal crimes.

Professor Nicholas P. Cafardi, of Duquesne University School of Law, called the inquiry "an intrusion into the church’s First Amendment rights." For him, "It’s time for this to be over. L.A. has settled with all of their claimants." Yet it is crucial to recall that one of the very reasons the victims participated in the civil settlement was to obtain the release of the Archdiocese’s records on abusers – and recall that they continue to wait as the Archdiocese balks, claiming non-existent privileges. The First Amendment is no dispensation from the law or decency. Moreover, since when do crime victims have to choose between civil and criminal justice? Those molested deserve compensation from those responsible, those at risk deserve protection, and the rest of us deserve real justice in criminal court.

According to the Los Angeles Times, the Archdiocese issued a statement referring to picketing abuse survivors as "an angry mob" and asserting that "there is no priest currently in the ministry in the archdiocese who had been found to have abused a minor." Yet the latter point offers no comfort: As I explained above, there were virtually no trials and no "findings" in the settlement involving hundreds of victims, likely because the Archdiocese did not want its sins, omissions, and crimes spelled out.

Religious Rules Against Airing "Scandal" Cannot and Should Not Be Enforced in Our Secular Justice System

Finally, it is most telling that the Archdiocese’s defenders would become so worked up over the start of a grand jury investigation. They are opposing the gathering of information and evidence. Why do they care so much, if all the information to be released is out, as they claim? And why do they care so little about children that Mahony’s recent, appalling record regarding credible child-abuse allegations does not give them pause?

The answer likely lies in culture and theology. There is an internal rule within the Church against "scandal." That is, believers are not supposed to bring shame to the Church by airing its dirty laundry in public. The same principle can be found in Orthodox Judaism, in which it is known as chilul hashem. The phrase literally means "desecration of God’s name," but is used to prohibit giving the community a bad name. The parallel is notable, for certain Orthodox Jewish organizations have become the latest religious groups whose secret coverup of child sex abuse is being exposed to the public. Despite their very different religious beliefs, the two religious groups’ organizational operations with respect to child sex abuse within their community are strikingly similar. Each has something to learn from the other. The Orthodox can learn that internal control of sex abuse never works and the Catholics can get over the destructive tendency to cling to notions of persecution when in fact they are simply on the wrong side of the law.

If U.S. Attorney O’Brien has hit upon a "novel" legal strategy, as has been alleged, so be it. We have an epidemic of child sexual abuse, which is attributable in part to a lack of imagination and sometimes political will on the part of prosecutors and courts. O’Brien should be applauded for joining the small group of federal prosecutors who are now taking a stand for children who suffer abuse in religious settings. Let’s hope that, in the Obama Administration, more U.S. Attorneys will take the same courageous stance. Making children a top priority would be a true change in federal policy.

Marci Hamilton is the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law and author of Justice Denied: What America Must Do to Protect Its Children (Cambridge 2008). A review of Justice Denied appeared on this site on June 25, 2008. Her previous book is God vs. the Gavel: Religion and the Rule of Law (Cambridge University Press 2005), now available in paperback.

January 15, 2010
By John R. Ellement and Jonathan Saltzman, Globe staff

Defrocked Roman Catholic priest Paul Shanley today lost his appeal before the state’s high court, ensuring that a key figure in the priest abuse scandal that rocked the Boston Archdiocese will remain behind bars.

(Yoon S. Byun/Globe Staff/file)

The Supreme Judicial Court upheld Shanley’s convictions for two counts of rape and two counts of indecent assault and battery obtained by Middlesex prosecutors in 2005. The victim first made his accusations against Shanley in 2002, some 20 years after the abuse took place at St. Jean’s Church in Newton when the boy was between the ages of 6 and 11.

The SJC rejected defense attorney Robert F. Shaw Jr.’s contention that Shanley’s trial was flawed because the "junk science” of "repressed memory" was used by prosecutors to explain that long gap.

An Advent Reflection on Child Abuse.
December 15th, 2009
By Kelly Clark

I just returned from a trip to Australia, where I traveled to take a class as part of my studies for a Master’s Degree in Theology—a course I am taking as I consider my own vocational direction, and not because of the child abuse cases I regularly file against churches.  I was glad to get away “down under,” to jump into academia, to wander about in Melbourne in the warm sunshine and friendliness of the Aussies, glad, especially, to get away from child abuse for a few days.  Or so I hoped.

My first day there—the first Sunday of Advent, as it happened–I found myself unexpectedly in a beautiful Catholic chapel at Newman College on the campus of the University of Melbourne, listening to a stunning Advent choral concert.  I pondered the ironies: me, a lawyer who has sued the Catholic Church for nearly twenty years, but also a Christian man hungry for spiritual truth and beauty, sitting among these devout Catholic people, enjoying their hospitality.  Twice in my life I have almost joined the Catholic Church, once only about 8 years ago, well after I had begun to do this kind of work, and once as a young law student; neither time have I been able to make the leap from Canterbury to Rome—from Anglicanism to Catholicism—the last time because I simply could not get around what I have learned in the child abuse cases.  But as I sat at Newman College in Melbourne, listening to Palestrina, to Thomas Talis, to Bach and Handel, I was for a few precious moments free from the agonies of the child abuse cases, free from worry about my clients– about their addictions, their depressions, their suicides– free to bask in the beauty of the Christian celebration of Advent in a Catholic chapel.

But as I walked out and headed over to the chapel at Trinity College—the Anglican college at University of Melbourne—for another service, this one a celebration of the Eucharist for the First Sunday of Advent, I thought about the day in a few weeks when I would take the deposition of the Archbishop of Portland, asking him about the actions of Father H, one of his priests who has abused children.  I thought about the questions I would need to ask him, about the way the Archdiocese of Portland has treated child abuse survivors, both historically and in litigation over the last two and a half years since the Archdiocese emerged from bankruptcy. Any of you who have followed these blogs will recall my frustration at the broken promises—promises to treat abuse victims with understanding and Christian compassion, to expedite the legal process to find resolution and healing— promises all broken in a return to scorched earth tactics in litigation.  I wondered how the same great faith that produced the beauty that I had just witnessed at Newman College Chapel could also produce a church that would repeatedly violate the Spirit of its Lord in allowing children to be abused, and then in abusing them again when they seek justice.  I considered the words of Jesus in Matthew 25—“whatever you have done to the least of these my brothers and sisters, so you have done to me”—and in a rush of anger I found myself wanting to shout those words at the legal teams for the Catholic Church and demand that they also consider them.  I quieted, then, and  prayed for guidance, for humility, lest I become too self-righteous or judgmental—I who have also failed to live up to my calling so many times, hurting so many people along the way. 

I found myself wishing I could ask the Archbishop of Portland to come sit with me at Newman Chapel, and then again at Trinity Chapel, to take in the choral anthems and to break the holy bread together, and then to talk about these things, not as trial lawyer and deponent, but as two Christian men trying to solve a problem.  I found myself thinking we could probably settle this case—probably all of the cases– in twenty minutes, focusing more on the healing of my client and the treatment for this sick priest than on anything monetary, which is not what my 17 year-old client cares about anyway.  I wondered if it might not be just that easy.

But then I reminded myself what my friends so often tell me—that I am often highly naïve and too trusting, and that I should just stop hoping for things that can never happen.  Probably they are right, I thought.  But still, as I turned up the sidewalk towards the doors of Trinity College Chapel, I felt immensely sad.  Sad for abuse survivors, most of all, but also sad for a broken church, for broken promises and for broken people.  And so I sang the opening hymn at the Advent Eucharist—“O come, O come Emmanuel, and ransom captive Israel”—with all the air in my lungs, with a broken voice, and with tears in my eyes.

by Timothy Lytton
December 7, 2009
Huffington Post

News Coverage of Cardinal Edward M. Egan’s cover up of clergy sexual abuse in the 1990s while he was the bishop of Bridgeport would be shocking if it weren’t so familiar. The list of high ranking Catholic Church officials who failed to report credible allegations of child sexual abuse by priests to law enforcement includes the most prominent prelates of this generation: Cardinal Joseph Bernadin in Chicago, Cardinal Bernard Law in Boston, Cardinal Anthony Bevilacqua in Philadelphia, and Cardinal Roger Mahony in Los Angeles.

The Egan case does, however, highlight one feature of this ongoing scandal that is frequently overlooked: the role that civil lawsuits have played in uncovering most of what we know about clergy sexual abuse in the Catholic Church and in motivating Church officials to address the problem.

To begin with, plaintiffs’ have lawyers compelled Church officials to produce secret files concerning abuse allegations and to provide sworn testimony about their own failures to adequately address the problem. Media reports about Cardinal Egan’s failures in Bridgeport are based on more than 12,000 pages of memos, church records, and testimony from 23 lawsuits against the diocese. Indeed, most media coverage of the scandal–dating back to the early 1980s–has been based on these types of litigation documents.

Civil lawsuits have also shaped our understanding of the clergy sexual abuse scandal as an institutional failure on the part of Church leaders. Throughout the scandal, some within the Church have attempted to focus attention exclusively on the perpetrators, suggesting that clergy sexual abuse is merely a matter of "a few bad apples." Others have argued that the whole matter has been blown out of proportion by plaintiffs’ lawyers and their clients seeking to make money off of the scandal by filing lawsuits. One also frequently hears suggestions that news coverage of the scandal is motivated by anti-Catholic media bias. Indeed, Cardinal Egan’s successor, Archbishop Timothy Dolan leveled this very accusation against the New York Times this fall.

By contrast, civil lawsuits have focused attention on the failures of Church officials. Plaintiffs’ lawyers sue large institutional defendants because they are better able to pay large settlements and judgments, and so clergy sexual abuse lawsuits have emphasized the failure of diocesan officials–especially bishops–to protect children from known abusers.

Media coverage of the scandal has been heavily influenced by this framing of clergy sexual abuse as an institutional failure on the part of Church officials. Litigation and trials have traditionally provided the type of drama that makes them attractive to journalists seeking to draw in readers. In addition, documents filed in court and sworn testimony provide the kind of credible sources of information that journalists like to rely upon.

By framing clergy sexual abuse as a problem of institutional failure on the part of Church officials, civil lawsuits have also motivated dioceses around the country to institute new programs to prevent sexual abuse before it occurs and to report credible allegations of sexual abuse when it does happen. The U.S. Conference of Catholic Bishops reports that over 90 percent of dioceses have instituted such programs and have trained over 7 million people in preventing, investigating, and reporting child sexual abuse.

It is inconceivable that so many U.S. bishops would have instituted such ambitious efforts to address clergy sexual abuse in the absence of the intense media coverage and public attention generated by civil lawsuits–not to mention the liability exposure.

It has been 25 years since the first civil lawsuits were filed against Catholic Church officials for clergy sexual abuse, and much progress has been made as a result of them. That leading prelates such as Cardinal Egan are still fighting so hard to hide the record of their misdeeds indicates that there is more work to be done and that civil lawsuits against Church officials may still have a role in uncovering the truth, highlighting the misdeeds of officials, and providing much needed pressure for reform.

The head of the Catholic Church in Ireland has told UTV he was ashamed and shocked by the revelations of a report into 30 years of child abuse in the Dublin Archdiocese.

"I’m deeply ashamed and shocked at the abuse revealed in today’s report and I want to apologise to those who suffered abuse and to their families", the Archbishop of Armagh and Primate of All Ireland, Cardinal Sean Brady, said.

"I also want to apologise to the people of this country that the abuse was covered up and that the reputation of the church was sometimes placed above the safety and well-being of the children."

On Thursday night, the head of the Dublin Archdiocese, Archbishop Diarmuid Martin, branded the revelations revolting, adding no words of apology would ever be sufficient for the horrifying abuse.

Archbishop Martin said he was offering his shame and sorrow to survivors and claimed the Archdiocese had failed to recognise the theft of childhood.

The senior cleric said the paedophile priests were devious in their attempts to excuse and deny sickening attacks.

"I would appeal to each of those people who are named in the commission as having acted in a way which put children in peril to assess their behaviour in past and behaviour today," he said.

Archbishop Martin said the numbers of victims were likely to be much higher than known.

He handed over more than 5,000 secret Church documents to the Commission in January last year, sparking a legal battle involving Cardinal Desmond Connell.

The Cardinal tried to block the publication claiming they were legally privileged or confidential.

The Archbishop declined to be drawn on whether Cardinal Connell should step aside.

"I’m pleased to see that over the last few days the judgment of Cardinal Connell is not as black and white, or almost in the black that it was over a period of time," he said.

"He’s a man who struggled with his own personal make-up and his own conscience and came out earlier than most bishops on the right side.

"Give people credit for the good things they do."

On Thursday night, Cardinal Connell asked for forgiveness from the abuse victims who suffered at the hands of paedophile priests under his control.

The senior cleric said he was distressed and bewildered that those in such a sacred position could be responsible for the heinous crimes.

The frail 83-year-old, who was among four Archbishops criticised for not handing over information to authorities on abusers, said the abuse of children was an unspeakable crime.

"Although I am all too aware that such apologies and expressions of regret can never be adequate as a response to so much hurt and violation, and, in any case, lose value through repetition, I apologise again now from my heart," he said in a statement.

"The abuse of children is an unspeakable crime," he continued.

Although critical of the Cardinal, the report gave him credit for instigating two secret canon law trials, despite strong opposition from one of the most powerful canonists in the Archdiocese, Monsignor Sheehy.

They led to two priests being defrocked.

In 1995 he also handed over files on 17 suspect priests to gardai, although it was later revealed he was aware of at least 28 at the time.

Survivors have demanded the Cardinal and other senior figures face a criminal investigation.

© UTV News

By

Tom Hallman Jr., The Oregonian

A Portland attorney who has filed multi-million dollar lawsuits over the years on behalf of hundreds of adults who claimed they were sexually abused as children said Sunday night he plans to file similar lawsuits Monday morning in three states.

The suits allege abuse by the Mormon Church and the Boy Scouts in San Francisco, Portland and Seattle, said Kelly Clark,  who has represented victims of Jesuit priest abuse. Clark alleges three boys were allegedly abused in San Francisco, one in Portland and another in Seattle, all while participating in the Boy Scouts. He said the Boy Scout program has been a part of the Mormon church’s official men’s program for decades.

"There is a close connection," Clark said. "The Mormon church sponsors 50 percent of the Boy Scout troops in the Western United States."

Oregon church leaders were unavailable for comment. The operator at the national headquarters of The Church of Jesus Christ of Latter-day Saints in Salt Lake City, Utah, said no one would be available to discuss the suits until Monday.

Clark said he planned to file the first suit in San Francisco and then travel north Monday to Portland and then Seattle.

Clark said the alleged abuse took place in the late 1970s and early 1980s. He claimed the alleged abuse occurred over a period of years.

NevadaAppeal.com

SAN FRANCISCO (AP) — The Mormon church and Boy Scouts of America were named as defendants in lawsuits Monday claiming childhood sexual abuse by youth leaders decades ago.

Alleged victims filed suits against both organizations in San Francisco and Seattle, and against the church alone in Portland, Ore.

The plaintiffs are all represented by Portland attorney Kelly Clark, who has brought similar suits against the church and the Boy Scouts in the past.

In the suit filed in San Francisco Superior Court, three brothers claim the church ignored their complaints about being molested by their Silicon Valley Boy Scout and Mormon youth leader in the 1970s and 1980s.

“These are men who believe in the best of these institutions and believe that this kind of lawsuit can help improve these institutions and prevent child abuse,” Clark said. “This is not a lawsuit they brought lightly, but it is one they intend to see through.”

The plaintiffs, identified only as John Does, claim they were molested hundreds of times by 65-year-old William Eugene Knox, who married their mother while the abuse was taking place in Sunnyvale, Calif.

A law firm in Canton, Ga., contacted by The Associated Press said it was no longer representing Knox, a Georgia resident. His phone number could not be located.

Clark said the suit was filed weeks ago, but the defendants were only named Monday after a San Francisco judge certified evidence allowing them to be identified publicly. He said a jury would determine the specific amount of any possible damages.

One of the plaintiffs was still a devout member of the church, and two have served as scoutmasters. Clark said one was a former FBI agent.

San Jose attorney Allen Ruby, representing the church in Northern California, said he was not aware of a case in which courts have found a church liable for abuse committed by a family member.

“The allegations in this case are the plaintiffs were abused by their stepfather,” Ruby said. The church will defend itself against the suit, he said.

Kent Downing, chief executive of the Boy Scouts’ Pacific Skyline Council, said he could not comment because he had not seen the lawsuit.

In the Seattle case, a man now in his early 40s claims he and other boys were abused in the late 1970s by Dustin Hall, an assistant scoutmaster chosen by the church’s Shelton Ward near Olympia.

The plaintiff said in a statement released through his lawyer that the abuse — and his failure to protect the others — haunts him.

Hall could not immediately be reached for comment. It was not clear if he still lives in the area or whether he has an attorney. The Pacific Harbors Council of the Boy Scouts did not immediately return a call seeking comment.

Chuck Gordon, a Seattle-based lawyer for the church, said it would investigate the complaint and act accordingly.

“While we do sympathize with all victims of abuse, the church will defend itself against any accusation it deems to be false,” Gordon said.

The lawsuit filed in Portland on behalf of a man who is now 46 claims a Mormon youth leader abused him between 1974 and 1977. The suit claims the abuse was reported to a church bishop but never communicated to law enforcement.

A lawyer for the church, Steve English, said the church “absolutely and unequivocally” condemns sex abuse and will investigate.

The lawsuit identified the youth leader as Michael Simms and seeks nearly $5 million in damages. Efforts to locate Simms were not successful.

Clark said the plaintiffs were filing civil lawsuits in part because the statute of limitations for bringing criminal charges had expired.

———

Associated Press Writers Gene Johnson in Seattle, William McCall in Portland, Ore., and Jennifer Dobner in Salt Lake City contributed to this report.

KMJ 580 AM

By Margaret Carrero

Another religious leader is being accused of sexually molesting young boys — and this time — the Mormon Church is under fire.

On Monday, three brothers named the Mormon Church and the Boy Scouts of America in the Bay Area city of Sunnyvale in a lawsuit, claiming they were sexually abused as children in the late 70s and 80s.

One of the brothers decided to file suit after their alleged abuser, William Eugene Knox, now 65, moved into his hometown.

Attorney Kelly Clark says "…that got him really stirred up and he started thinking and talking about his childhood abuse.. he started working with a counselor and one thing lead to another and he decided that he needed to get this secret out."

Clark says Knox, a leader in the Mormon Church and a Boy Scouts Master, worked his way into the boys’ lives knowing their mother was divorced "…Knox comes along and he’s a big wig in the local church… he played a profound role in these kids’ lives… at some point he began dating their mother… some significant time after the abuse began is when he married their mother."

The lawsuit claims the boys were molested from the time the younest boy was seven and the oldest was 12 and continued for at least seven years.

The suit also alleges that leaders of the Mormon Church were made aware of the alleged abuse back in 1983, but it was never reported to law enforcement authorities.

While the statute of limitations has passed to criminally charge Knox for the alleged abuse, Clark says the brothers came forward to help prevent child abuse, to help themselves heal and to have the Mormon Church "acknowledge and accept resposibility for what happened to them."

By KATU.com Staff and News Sources

Video

PORTLAND, Ore. - The attorney at the center of a number of high-profile cases against the Mormon church plans to file another round of lawsuits Monday.

A case against the Church of Jesus Christ of Latter Day Saints - also known as the Mormon church - will be filed in Portland’s Multnomah County Circuit Court Nov. 16, according to Rebecca Tweed, who handles media relations for the Portland law firm O’Donnell Clark & Crew. The attorney representing this civil case is Kelly Clark with O’Donnell Clark & Crew.

The suit is being filed on behalf of an Oregon man. The man alleges sexual abuse as a child at the hands of a Mormon church youth leader. 

This is one of a handful of related abuse lawsuits Tweed tells KATU that Clark will file in San Francisco, Seattle and other West Coast towns Monday against the Mormon Church. Four of the suits also name the Boy Scouts as defendants.

In 2007, Clark represented six Portland men who filed a lawsuit against the Mormon Church and the Boy Scouts of America seeking $25 million in damages for alleged sexual abuse in the 1980s. Clark reportedly obtained several trial court rulings and a state Supreme Court win in that suit.

Other cases represented by Portland attorney Kelly Clark.

San Francisco Appeal

Three former Sunnyvale residents announced today they have sued the Mormon church, the Boy Scouts of America and their stepfather in San Francisco Superior Court for alleged childhood sexual abuse.

The three men, who are brothers now aged 39, 41 and 43, claim that William E. Knox, 65, a Mormon church and Boy Scouts leader, molested them repeatedly in Sunnyvale between 1977 and 1987.

A brother identified as John Doe 2, who now lives in Georgia, said, "I’m a victim and a survivor of childhood sexual abuse. It was devastating to me. I’ve been abused hundreds of times over several years."

The brother alleged, "During the abuse, I told the church leadership responsible to protect me and they did nothing to protect me."

Knox married the brothers’ mother in 1979 and remains married to her, but the brothers are now estranged from Knox and their mother, according to Kelly Clark, a lawyer for the men.

The lawsuit alleges that before the marriage, Knox used his position as a church elder and youth leader to begin abusing them when they were members of a church-chartered Boy Scouts troop for which he was assistant leader. The molestation began during individual sleepovers at Knox’s Sunnyvale apartment, according to the lawsuit.

After the marriage, the sexual assaults allegedly continued at the family’s Sunnyvale home, in Knox’s car on trips to church and Boy Scouts activities, and during Scouts camping trips, according to the lawsuit.

The alleged abuse included fondling, child masturbation and oral copulation, the lawsuit said.

The lawsuit was filed about two weeks ago, but under state law the identity of the defendants could not be revealed publicly until a Superior Court judge ruled last week that the plaintiffs had provided enough corroborating evidence to allow disclosure of the defendants.

Two of the brothers now live in Georgia and the third in Colorado. They announced the lawsuit at a news conference at the Civic Center Plaza near the Superior Court courthouse.

They said they filed their lawsuit now because they became aware of the psychological effects of the abuse after they learned last December that Knox and their mother had moved to the same Georgia town where two of them live.

They said that caused them to begin for the first time to connect the psychological and emotional problems they suffered as adults to the alleged childhood abuse.

John Doe 1 said, "When I saw him in a car as he drove by, I literally began shaking."

Allen Ruby, a San Jose lawyer representing the church, said, "Any allegation of childhood abuse is a serious matter," but said, "The church will defend itself."

Ruby said, "The law does not make a church responsible for the conduct of a stepfather toward his children."

Deron Smith, a spokesman for Boy Scouts of America, said, "We’ve not seen the lawsuit and there is not a whole lot we can say at this point."

The lawsuit contends that the Mormon church and the Boy Scouts are liable because Knox was acting as an agent of both. It says the boys told local church officials and the Boy Scouts of the alleged abuse in 1984 and informed a church counselor in 1985 but alleges that the molestation was never reported to law enforcement authorities.

The suit also alleges the church and Boy Scouts were aware that Knox had shown a propensity to abuse boys when he lived in San Diego before moving to Sunnyvale in the early 1970s.

The lawsuit seeks an unspecified amount of financial compensation. Clark said the men filed a civil lawsuit because the statute of limitations for a criminal prosecution has passed.
The brothers said they are seeking to hold the institutions accountable and to prevent molestation of other children.

John Doe 2 said, "I stand here today for children who will lay their head on their pillows tonight, shedding tears, knowing they will wake up to face their abusers again and again. If I can save just one child from childhood sexual abuse, I will have succeeded."

The lawsuit alleges that John Doe 1 was sexually abused from 1977 to 1982, John Doe 2 from 1977 to 1986 and John Doe 3 from 1977 to 1987.

It says that a high school friend who was a fellow Mormon and Scout member told John Doe 2 in 1983 that he had allegedly been abused by Knox.

The brothers said that Knox and their mother operated a now-defunct day care center at their home in Sunnyvale, known as Little Angel Day Care and Creative Play, for about 15 years, including during years when brothers were allegedly abused.

Clark said the lawsuit was filed in San Francisco because state law allows lawsuits to be filed in any county in which the defendants due business.

Associated Press

By MARCUS WOHLSEN

SAN FRANCISCO — The Mormon church and Boy Scouts of America were named as defendants in lawsuits Monday claiming childhood sexual abuse by youth leaders decades ago.

Alleged victims filed suits against both organizations in San Francisco and Seattle, and against the church alone in Portland, Ore.

The plaintiffs are all represented by Portland attorney Kelly Clark, who has brought similar suits against the church and the Boy Scouts in the past.

In the suit filed in San Francisco Superior Court, three brothers claim the church ignored their complaints about being molested by their Silicon Valley Boy Scout and Mormon youth leader in the 1970s and 1980s.

"These are men who believe in the best of these institutions and believe that this kind of lawsuit can help improve these institutions and prevent child abuse," Clark said. "This is not a lawsuit they brought lightly, but it is one they intend to see through."

The plaintiffs, identified only as John Does, claim they were molested hundreds of times by 65-year-old William Eugene Knox, who married their mother while the abuse was taking place in Sunnyvale, Calif.

A law firm in Canton, Ga., contacted by The Associated Press said it was no longer representing Knox, a Georgia resident. His phone number could not be located.

Clark said the suit was filed weeks ago, but the defendants were only named Monday after a San Francisco judge certified evidence allowing them to be identified publicly. He said a jury would determine the specific amount of any possible damages.

One of the plaintiffs was still a devout member of the church, and two have served as scoutmasters. Clark said one was a former FBI agent.

San Jose attorney Allen Ruby, representing the church in Northern California, said he was not aware of a case in which courts have found a church liable for abuse committed by a family member.

"The allegations in this case are the plaintiffs were abused by their stepfather," Ruby said. The church will defend itself against the suit, he said.

Kent Downing, chief executive of the Boy Scouts’ Pacific Skyline Council, said he could not comment because he had not seen the lawsuit.

In the Seattle case, a man now in his early 40s claims he and other boys were abused in the late 1970s by Dustin Hall, an assistant scoutmaster chosen by the church’s Shelton Ward near Olympia.

The plaintiff said in a statement released through his lawyer that the abuse — and his failure to protect the others — haunts him.

Hall could not immediately be reached for comment. It was not clear if he still lives in the area or whether he has an attorney. The Pacific Harbors Council of the Boy Scouts did not immediately return a call seeking comment.

Chuck Gordon, a Seattle-based lawyer for the church, said it would investigate the complaint and act accordingly.

"While we do sympathize with all victims of abuse, the church will defend itself against any accusation it deems to be false," Gordon said.

The lawsuit filed in Portland on behalf of a man who is now 46 claims a Mormon youth leader abused him between 1974 and 1977. The suit claims the abuse was reported to a church bishop but never communicated to law enforcement.

A lawyer for the church, Steve English, said the church "absolutely and unequivocally" condemns sex abuse and will investigate.

The lawsuit identified the youth leader as Michael Simms and seeks nearly $5 million in damages. Efforts to locate Simms were not successful.

Clark said the plaintiffs were filing civil lawsuits in part because the statute of limitations for bringing criminal charges had expired.

Associated Press Writers Gene Johnson in Seattle, William McCall in Portland, Ore., and Jennifer Dobner in Salt Lake City contributed to this report.

Copyright © 2009 The Associated Press. All rights reserved.

KTVZ.com

KCBS.com

SAN FRANCISCO (KCBS)  — A suit filed in San Francisco Superior Court accuses the Mormon Church and the Boy Scouts of America of covering up sexual abuse. The three men filing the suit are coming forward after three decades of silence.

The suit claims the three brothers were children when they told the Mormon church that they had been abused hundreds of times by church official, Eugene Bill Knox, who was also their Boy Scout leader. Kelly Clark is their attorney.

KCBS’ Barbara Taylor reports

"Most child abuse survivors shove this away and it becomes a secret," he said.

Knox brought the family into the church and married their mother. They say they don’t blame her, but they definitely blame the church and the Boy scouts.

"The Mormon Church failed," one said. "They betrayed me."

The brothers, who grew up in the South Bay, have declined to give their names and are identified in the suit as John Does. This is one of three sex abuse suits filed against the Mormon Church this week. The others are in Portland and Seattle.

Church figure, Boy Scout leader accused
By Joe Rosato Jr
NBCBayArea

There wasn’t much about the three men, other than their considerable height, that drew even the most casual glance in San Francisco’s Civic Center Plaza. They walked slowly across the plaza Monday, a vague similarity imbrued in each face.

But each brother carried an identical dark secret left over from childhood.

Today they stood before TV cameras and reporters, and unloaded a dark secret for anyone to hear. “I have come forward today to give the church that I love,” said one of the brothers, identified as John Doe 1, “the opportunity to realize that what they did to me what was wrong.”

The brothers, who are identified in court records only as John Does 1, 2, and 3, allege they were sexually molested by a Sunnvale Mormon and Boy Scout leader in the late 1970s and early 1980s.

Their tale has another twist: The man they say destroyed their youth is also their stepfather.

Their lawsuit, filed in San Francisco Superior Court, accuses the Church of Jesus Christ of Latter-Day Saints and the Boy Scouts of knowing about the abuse, but failing to stop it. The men, now in their late 30s and early 40s, say they told church leaders at the time what was happening, but no one did anything.

“I love this church … but the Mormon Church failed,” said Doe 1. “They betrayed me. When I told my childhood leader of the abuse, they did nothing. “

The suit identifies William Knox, 65, as the alleged abuser. Attempts to reach him and his attorney were unsuccessful. An attorney for the church said any allegation of childhood abuse is a serious matter, but noted that the law doesn’t make a church responsible for the conduct of a stepfather toward his children

The brothers are now estranged from their mother, who is still married to Knox. They said when they were children they tried to tell her what was happening to them.

“My mother knew, I told her,” said Doe 3. “I believe she relied on the church to help her and they did nothing.”

The brothers say the pain over what happened to them as children welled up in recent years. It’s the reason they’ve come forward now. They hope the airing of their story might help other children caught in the same situation.

By Wayne Freedman

ABC7News

SAN FRANCISCO (KGO) — Three brothers filed a lawsuit in San Francisco containing allegations against both the Mormon Church and the Boy Scouts. They claim they were victims of sexual abuse in the 70s and 80s that the church knew about and ignored.

Attorneys also filed similar lawsuits in Washington and Oregon on Monday, representing other plaintiffs against the Mormon Church and the Boy Scouts.

The men in the San Francisco case moved away from the South Bay many years ago, but filed here because they claim the crimes happened in Northern California.

In the most public of places, outside San Francisco City Hall, three brothers held a press conference revealing the most private and intimate issue of their lives.

"Child sexual abuse is a crime committed in silence, covered up through secrecy and shame," said plaintiff John Doe No.1.

In the civil case filed in San Francisco Superior Court on Monday, they’re identified only as John Doe No. 1, No. 2 and No. 3.

All three are suing the Mormon Church and the Boy Scouts of America for allowing Bill Knox to molest them while serving as their church bishop, scoutmaster and later as their stepfather when they lived in Sunnyvale in the 70s and 80s.

They say the Mormon Church is liable because they complained of the abuse and the church covered it up.

"We told our childhood church leaders. They did nothing. They hid it," said John Doe No. 1.

"We are alleging that the Mormon Church and the arm of the Mormon Church, the Boy Scouts of America, and several other individuals are negligent and they also have responsibility under what we call vicarious liability," said attorney Lisa Sapcoe.

The Boy Scouts of America said they could not respond to the charges because they had not seen the complaint.

An attorney for the Mormon Church described the allegations as "serious, but the law does not impose responsibility on the church for the kind of claims that are made on this."

All three men live out of state now, two of them in Georgia. They finally came forward and filed the suit when Mr. Knox moved near them.

"When I realized he was in my community and I saw him in a car when I drove by, I literally shook. I am a 44-year-old man. I literally shook at his presence," said John Doe No. 1.

"We decided together that we can no longer let other children suffer through what we have suffered through," said John Doe No. 2.

The men’s mother still lives with Mr. Knox. They said she was aware of the abuse and trusted the church to fix it.

Two of the men filing suit are dentists and the third is an FBI agent.

SEATTLE — A man has sued the Mormon church and the Boy Scouts, claiming he and many other boys were abused by a church-sponsored assistant scoutmaster in the late 1970s.

The lawsuit was filed in King County Superior Court in Seattle - one of a handful filed up and down the West Coast on Monday by Portland, Ore., attorney Kelly Clark. The man, who remains unidentified, claims that he was abused more than 30 times in 1978-79 by Dustin Hall, who was picked for the assistant scoutmaster job by the church’s Shelton Ward near Olympia.

The plaintiff, who was 13 at the time, says the abuse haunts him still - as does his failure to protect others, some of whom were even younger.

Chuck Gordon, a Seattle-based lawyer for the church, said Monday the church would investigate the complaint and "act accordingly."

It was not immediately clear how to contact Hall, whether he still lives in the area or whether he has an attorney.

By Aimee Green,
The Oregonian

October 26, 2009

A man who claims he was molested by a Boy Scouts’ camp ranger in the 1970s is suing the organization for $5.15 million.

The man, who is now in his late 40s, says he was in his early teens when the ranger of the former Camp Mallard in Oregon sexually abused him during visits on weekends and in the summer. The suit claims that Edward Elston  sometimes gave his victim — identified only by the initials S.M. — money to keep quiet or threatened to hurt him if he told.

Elston was not charged with a crime. The plaintiff’s attorney, Kelly Clark,  said he believes Elston is dead.

The suit was filed Friday in Multnomah County Circuit Court. It is one of 11 filed in Oregon against the Boy Scouts of America by Clark in the last few years, on behalf of clients who say they were molested as children. All the suits are still pending.

S.M.’s suit claims that the Boy Scouts organization knew at least by the 1960s that pedophiles were using their scouting positions to victimize children and that the problem was institution-wide. "Despite this knowledge, these defendants did not implement adequate child sex abuse policies" by the time S.M. joined the Scouts.

The man didn’t realize how deeply the abuse had affected him psychologically until 2008, after extensive therapy sessions, Clark said.  

The Cascade Pacific Council, which is also named as a defendant in the suit, couldn’t be reached for immediate comment.

– Aimee Green

www.NPR.org
By Frank James

In scouting, trust is important, and troops act as a family to address problems. How did that backfire in Burnsville?

By JOY POWELL
Minneapolis Star Tribune
October 24, 2009

Posted on October 25th, 2009 in Announcements, Our Work in the News, Sex Abuse News of Interest | No Comments »