Posted on 09/19/2006 2:22:32 PM PDT by siunevada
DAVENPORT, Iowa (CNS) -- The Davenport Diocese's future is uncertain after a jury awarded $1.5 million Sept. 18 to a man who claimed he was sexually abused by a diocesan priest nearly five decades ago.
"The decision of the jury will impact every member of the Catholic Church in the Diocese of Davenport," the diocese said in a statement released after the verdict.
Its corporate board and finance council will meet soon "to make critical decisions about the future of the diocese. Bankruptcy must now also be considered," the statement said.
Jurors in the civil court trial in Scott County District Court found the diocese negligent in supervising the late Msgr. Thomas Feeney and that the plaintiff, D. Michl "Mike" Uhde, 56, of Davenport, filed his lawsuit against the diocese in a timely manner.
It was a stunning loss for diocesan officials, who said the evidence overwhelmingly showed that the diocese had no knowledge of abuse perpetrated by Msgr. Feeney more than 40 years ago and that the statute of limitations should apply.
Iowa law requires victims to file suit within two years of the injury or by age 19, whichever comes later. Uhde's attorneys argued the time limit should be extended for as long as their client is too mentally ill to understand his rights.
Uhde, dressed in a black sweater and dress slacks, bowed his head after Judge C.H. Pelton read the verdict. His attorneys, Craig Levien of Davenport and Patrick Noaker of St. Paul, Minn., were elated.
Diocesan officials -- including Davenport Bishop William E. Franklin -- were present for the verdict and appeared somber.
The jury award was lower than the $2.3 million that Uhde's attorneys originally sought, but double the amount they suggested in closing arguments.
Jurors were "inspired and I hope that many others were inspired by the courage of Mike Uhde," Noaker told reporters in the courthouse lobby afterward.
He said the trial exposed the "corruption of the Diocese of Davenport" and that "kids are safer today because of the courage of Mike Uhde."
Responding to a reporter's question, Noaker said, "This case has never been about money from the start." It was Uhde's intention in filing the lawsuit to encourage others to come forward and get some help, Noaker added.
"Our intention was not to bankrupt the Diocese of Davenport," Uhde interjected. "Our intention was to find the truth, to find out why this happened to me" and to others.
The diocese, he added, "has to change."
"It's punishment," the diocese's attorney, Rand Wonio, told The Catholic Messenger, newspaper of the Davenport Diocese.
"I can't try a better case than I did," he continued. But "it's awfully hard to get past descriptions of sexual abuse of children, which everyone in our society believes is reprehensible," he said.
During the weeklong trial, Uhde testified that as a second-grader in 1957 he became the youngest altar boy at Sacred Heart Cathedral in Davenport. While learning Latin with Msgr. Feeney, Uhde said, he was subjected to spankings and fondling and was forced to reciprocate. Later, the priest took the boy on bird-watching expeditions in a park where Uhde said he was subjected to physical abuse and fondling. After one rough outing, he told his mother what happened.
Two other men who claimed they had been sexually abused by Msgr. Feeney also took the stand.
The diocese decided to go to trial rather than settle out of court because it did not believe it was liable and cannot meet the financial demands of claimants.
In the past two years the diocese has reached sexual abuse settlements with 47 claimants totaling more than $10.5 million. Claims not yet settled seek a total of more than $7 million.
A second trial is scheduled to begin Oct. 23 on allegations against retired Bishop Lawrence D. Soens for actions during his 33 years as a priest of the Davenport Diocese.
Bishop Soens, who retired in 1998 after 15 years as bishop of Sioux City, faces more than a dozen claims of sexual abuse of minors during his years as a priest in Davenport. Wonio said the trial could be affected if the diocese files for bankruptcy.
I think the award will be overturned on appeal. I can't imagine an appellate court extending the statute of limitations forever-and-ever without legislative approval.
The Church now reaps what it sowed.
Why would this even go to a jury? Guess I don't understand.
The diocese thought they had a good case:
It was a stunning loss for diocesan officials, who said the evidence overwhelmingly showed that the diocese had no knowledge of abuse perpetrated by Msgr. Feeney more than 40 years ago and that the statute of limitations should apply.
I guess in weighing the preponderance of evidence the jury found that lack of knowledge and the statute of limitations didn't count for much.
"The Church now reaps what it sowed."
Not necessarily. This particular parish had a bad priest, who broke the law. Did the parish officials know that he was a bad priest? I'm not sure of that.
In any case, this is not about the whole church at all. The church does not approve of pedophile priests. They exist, of course, but pedophiles can be found in the ministry of all denominations.
When a Baptist pastor molests a child, I rarely see condemnation of Baptists in general. Yet it happens all the time with Catholic Priests. Let one priest molest a child and people come out of the woodwork to condemn the entire Roman Catholic Church.
That's not fair, any more than it would be fair to blame the entire Baptist church for a pedophile pastor.
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