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Lawsuit faults diocesan therapist - Diocese of Albany
Times Union ^ | December 31, 2002 | ANDREW TILGHMAN

Posted on 12/31/2002 6:08:26 AM PST by NYer

Albany -- A Capital Region man who said he was sexually abused by several priests filed a lawsuit against the Albany Diocese on Monday, accusing his church therapist of pressuring him to not hire a lawyer and making his psychological problems worse.

The lawsuit was filed by an unemployed man in his 30s who said he was repeatedly abused between the ages of 10 and 13 in the Albany Diocese, said attorney John Aretakis, who filed the suit. The victim is referred to in court papers as John Doe.

Between March and November, the man met with a nun and trained therapist, Sister Anne Bryan Smollin, nearly 100 times, but she made almost no notes or records of his treatment, according to the lawsuit.

Smollin asked the man to sign a waiver permitting her to discuss all aspects of his case with Bishop Howard Hubbard, according to the lawsuit. Smollin also urged him on several occasions not to hire a lawyer and said, "Bishop Howard Hubbard can no longer be your friend" after he did so, the lawsuit said.

"I returned to the Roman Catholic Diocese of Albany in 2002 for help in dealing with my pain and seeking their guidance, only to be mistreated by church personnel yet again. They used me for their own purposes once more," the man said in an unsigned statement provided by his attorney.

The diocese issued a brief statement on Monday, categorically denying the allegations, calling them "baseless and utterly without merit." The lawsuit raises questions about whether diocesan staff therapists can provide unbiased counseling to victims of sexual abuse who are in a position to file a lawsuit against the church or go public with embarrassing disclosures.

"If in fact that is true, that's a conflict of interest and that's malpractice," said Annette Crawford, a Glens Falls social worker who specializes in victims of sexual abuse. "The therapists need to advocate for the client. But here, we have to really define who is our client: Is it the person sitting in front of us or is it the diocese?"

The man who filed the lawsuit was previously diagnosed with post traumatic stress syndrome and contacted the church in March, responding to Hubbard's public promise to provide victims with counseling, the lawsuit said.

Church officials have repeatedly declined to say how many victims of sexual abuse have contacted them to ask for therapy. Victims can choose whether they want to meet with church counselors or a private, independent therapist whom the church pays for, said the Rev. Kenneth Doyle, chancellor for the diocese.

The man who filed the lawsuit said one priest molested him frequently during his prepubescent years and occasionally took him on trips when other priests would also sexually abuse him, Aretakis said.

Aretakis said he represents more than 24 victims who claim priests in the Albany Diocese sexually abused them. "We believe that there are five or six more priests on active ministry in the Albany Diocese who are a danger to children in the community," Aretakis said.

Earlier this month, Hubbard acknowledged some Albany Diocese priests accused of sexual abuse have remained on active ministry while church investigators conduct inquiries into whether new allegations are "credible" and warrant suspension from pastoral duties.

Aretakis filed the lawsuit in state Supreme Court in Albany and held a news conference Monday afternoon. The lawsuit names the diocese, Hubbard and Smollin.

The suit accuses Smollin of professional malpractice, but does not say how much money it seeks. It does not name any priests or seek damages for the abuse itself, which is extremely difficult due to statute of limitations barring lawsuits after a victim turns 23.

Smollin has a doctorate in psychology and serves as the executive director of the church-run office of Counseling for Laity, which she helped found in 1977, church officials said.

Smollin is not officially licensed by the state Education Department, which is not uncommon for mental health professionals, said Bill Hirschen, a spokesman for the Education Department that licenses doctors and other health care workers.

At a national meeting of bishops in Dallas in June, Hubbard was one of the few outspoken opponents of the "zero-tolerance" policy. He advocated for a case-by-case review that would leave the door open for known pedophile priests to remain active in the ministry.

After the policy was adopted, Hubbard removed six priests who had sexually abused children. The 14-county diocese also acknowledged it paid out $2.3 million during the last 20 years in secret settlement agreements with victims of sexual abuse.


TOPICS: Activism; Apologetics; Catholic; Current Events; General Discusssion; Ministry/Outreach; Moral Issues; Religion & Culture; Religion & Politics
KEYWORDS: albany; catholic; hubbard; lawsuit; sexualabuse
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To: saradippity; Chancellor Palpatine
Psst! Sara, don't tell the sith, but my Irish-Catholic and French-Catholic family all votes Republican.
21 posted on 12/31/2002 11:29:26 AM PST by Desdemona
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To: Chancellor Palpatine
Official oppresion? Not that it's true, but I can see where I've mistated a few things.

The Rosary, on the other hand, is very helpful.
22 posted on 12/31/2002 11:32:40 AM PST by Desdemona
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To: Chancellor Palpatine
I don't pay lip service to official oppression of Jews like you do.

Who oppresses Jews, besides Arabs?

23 posted on 12/31/2002 11:36:19 AM PST by sinkspur
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To: sinkspur
We're talking historically, in Christian parts of Europe. Her line just this past week was that in the past, they brought it on themselves.
24 posted on 12/31/2002 11:38:50 AM PST by Chancellor Palpatine
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To: Chancellor Palpatine
Gee thanks for pinging me. And I had it pulled.
25 posted on 12/31/2002 11:39:55 AM PST by Desdemona
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To: Chancellor Palpatine
And actually, in clarification, I believe I said that actions by a few bred resentment.
26 posted on 12/31/2002 11:43:10 AM PST by Desdemona
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To: Desdemona
I saw it before you had it pulled. It offered a good insight into how you operate - you realized that the truth about you was something that you didn't want generally known, because you prefer to be seen as a sweet ditz when that isn't you at all.
27 posted on 12/31/2002 11:43:24 AM PST by Chancellor Palpatine
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To: Chancellor Palpatine
I am a sweet ditz.
28 posted on 12/31/2002 11:44:37 AM PST by Desdemona
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To: Desdemona
Thats how you are trying to spin it now, but it isn't what you said before.

Of course, you had the evidence of what you said pulled, so we can't go back to the original for review, can we?

29 posted on 12/31/2002 11:46:28 AM PST by Chancellor Palpatine
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To: Chancellor Palpatine
Gee,my grandma played bingo. She was born in Austria was a Republican and one of the first books I remember was Hayek's "The Road To Serfdom". She could not drive when she got older and so would walk with her friends,many of whom were poor,to the parish hall for socializing and bingo.

Mind you, I am not speaking for all catholic bingo players but I did know enough of them to know that it was a nice admixture of mutually beneficial endeavors.

30 posted on 12/31/2002 11:49:18 AM PST by saradippity
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To: Desdemona; angelo; Bella_Bru
I am a sweet ditz.

We'll leave that for the other participants to decide.

31 posted on 12/31/2002 11:49:24 AM PST by Chancellor Palpatine
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To: Chancellor Palpatine
What am I supposed to say? Please, tell me. Because I'm such an awful person. I need guidance. I need someone to explain to me the real reason I am such a horrid individual because I happen to be observant.
32 posted on 12/31/2002 11:49:38 AM PST by Desdemona
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To: Chancellor Palpatine
You're all heart you know that.
33 posted on 12/31/2002 11:50:07 AM PST by Desdemona
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To: Desdemona
Yep - thats me. Font of sweetness and light.
34 posted on 12/31/2002 11:51:28 AM PST by Chancellor Palpatine
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To: Chancellor Palpatine
Now that I think about it, my statements were backed up by another individual. None of the persecution, torture and murder was right, but there were hard feelings.
35 posted on 12/31/2002 11:52:23 AM PST by Desdemona
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To: sockmonkey
Dear sockmonkey,

Your daughter's picture literally brought tears to my eyes as she is a vision of true sweetness. I will remember her in prayer at mass tomorrow. Happy New Year and God Bless! V's wife.

36 posted on 12/31/2002 11:52:31 AM PST by ventana
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To: Chancellor Palpatine
lower class, Democrat voting, heavy smoking, cheap beer drinking, bingo playing, trade union stalwart, class warrior Irish and Polish rust belters as the image .

They ain't the conservative Catholics I know--they're the ones who vote Democrat, support abortion and don't want to talk about what is necessary to change the messed up hierarchy in the church. They are so detached from their Faith, but they don't want to rock the apple cart, or the cart pusher that winks at that detachment. Phonies. V's wife.

37 posted on 12/31/2002 11:56:57 AM PST by ventana
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To: victim soul
May God help us through the intercessionary prayers and sacrifices of your daughter Sr. Elizabeth Marie and her order of Our Lady of the Atonement.

Thanks, VS. Actually Our Lady of the Atonement is her title-she's one of Mother Angelica's Poor Clares of Perpetual Adoration.

38 posted on 12/31/2002 12:08:25 PM PST by sockmonkey
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To: sockmonkey
That is easily the most beautiful picture I've seen, today. I don't see too many young sisters, anymore, but those I do see have one common feature: they're wearing real habits. May the Lord bless her and her sisters in their vocation.
39 posted on 12/31/2002 12:20:44 PM PST by ArrogantBustard
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To: Siobhan
I on the other hand would say that my life if fuller, happier, and healthier because of the blessings of daily Mass, Eucharistic Adoration, lectio divina, the Family Rosary, and other sacramentals.

You and most of us would feel that way. When the above story broke on the news last night, one of the comments made by Sr. Anne to the victim was: "The church is a business". Seems to me that this attitude has contributed to most of the problems the church is now facing.

40 posted on 12/31/2002 1:04:52 PM PST by NYer
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