The Courier-Journal from Louisville, Kentucky • Page A10

THE ARCHDIOCESE SETTLEMENT A10 THE COURIER-JOURNAL The Roman Catholic Archdiocese of Louisville contends that two sexual abuse lawsuits brought to court last month were filed too late and is asking that they be dismissed. In motions filed this week, the archdiocese asks judges to dismiss the cases of Pamela Tapp Rossman and Matthew L. Kaelin. Rossman alleged she was abused by the Rev. Joseph Rives between 1962 and 1964.

Kaelin alleged the Rev. Louis E. Miller sexually abused him in 1966. In both motions, the archdiocese argued that a failure to dismiss the cases could the settlement negotiations that were ongoing at the time in 240 cases and future settlement negotiations in other cases. archdiocese will have no way of knowing the extent of plaintiffs who will file suit and with whom it may desire to settle if the court allows an infinite number of cases to proceed by disregarding the statute of according to both motions, which are signed by archdiocesan attorney Raymond Smith.

The archdiocese reached a $25.7 million settlement yesterday in its negotiations with the 243 plaintiffs involved in 240 suits filed before April 23. An archdiocesan spokeswoman was unable to say yesterday whether similar motions for dismissal are forthcoming in cases filed since the Rossman and Kaelin cases, which were filed May 9. The motions are with their public position that they want to compensate said David Vish, the attorney for both Rossman and Kaelin. The motions filed by Smith lay out two grounds for dismissals in both cases and a third reason in the Rossman case. In both cases, the archdiocese argues that Kentucky law requires a lawsuit to be filed either one year after the alleged abuse occurs or by the 19th birthday if the plaintiff was under 18 at the time of the abuse.

The complaints by both plaintiffs allege that church officials knew of sexual abuse by priests and covered it up, which extended the time for them to file a lawsuit to one year after they first learned of the alleged cover-up. The archdiocese denied any cover- upbut, in the dismissal motions, said the cases should be thrown out even if the cover-up theory is accurate because more than a year had elapsed since allegations of abuse came to light. In complaint, he said he learned of the alleged cover-up In complaint, she said she learned of the alleged cover-up in late May 2002. The archdiocese cites ongoing coverage by The Courier-Journal and other media outlets since an April 14, 2002, article about the retirement of Miller and allegations of abuse against him by the newspaper. extent of news coverage in multiple forms radio, television and newspapers during mid-late April 2002 claim of learning of the alleged cover-up in late May 2002 and unbelieva- ble as a matter of Similar language is contained in the motion to dismiss lawsuit.

Both motions also cite a summary judgment decision in a 1994 Kenton Circuit Court case against the Diocese of Covington where a judge ruled that plaintiffs are obligated to try to discover their right to sue in a timely manner. Vish said he received the motions yesterday and still was reviewing them. He rejected, however, the claim that his clients knew or should have known of the cover-up allegations. Many people initially thought the allegations at the heart of the lawsuits dealt with the abuse, when the core allegation is an alleged cover-up by the archdiocese, Vish said. Rossman, of Louisville, first learned of the abuse accusations in late May 2002 when she was working on a project with Witnesses, Vish said.

Kaelin, a firefighter, paying whole lot of to the news and understand what the cases were about until January, Vish said. The final reason for dismissal cited by the archdiocese in the Rossman case is that the alleged abuse occurred between 1962 and 1964 and first law requiring people to report alleged child abuse took effect in June 1964. The archdiocese be obligated to report abuse that took place before the law existed, the organization argued, and therefore, any failure to do that did not give Rossman more time to file her lawsuit. OTHER LAWSUITS Archdiocese wants court todismisstwo cases, says they were filed too late By GREGORY A. HALL The Courier-Journal cisions, he said.

Factors will likely include the number of times a plaintiff claims to have been abused, the age at the time of the abuse, whether the archdiocese was notified of the abuse but kept the alleged abuser in ministry, and whether the abuse happened before or after the passage of a 1964 state law requiring the reporting of suspected child abuse to authorities, he said. court will determine the methodology for apportioning the money to the McMurry said. is unknown at this time what the precise methodology will McMurry said last night he agreed in advance with his clients that he and his fellow attorneys would receive 40 percent of the payment, which he said is standard in a complex case. He worked on the case with two associates and with the firm Oldfather Morris, and he also negotiated on behalf of clients of other attorneys. He added that Shake would make the final decision on fees.

McMurry and Brian Reynolds, chancellor and chief administrative officer for the archdiocese, both looked fatigued as they shook hands at the conclusion of negotiations yesterday afternoon at the Jefferson Club, on the 29th floor of the downtown PNC Plaza. has been an extremely demanding five days, with emotions running extremely high on both McMurry said after wrapping up talks that began last week. The settlement was mediated in five days over the past two weeks by Nicholas Politan, a former federal judge from New Jersey. are relieved for our clients that this tragedy can be put behind them, that they can begin the process of healing and move on with their McMurry said. settlement speaks loudly to the credibility of each of these victims, and the victims can now hold their heads The settlement was best said Reynolds, who acted as lead negotiator for the archdiocese.

good to have a settlement, it is not good news the abuse happened in the first place, it is not good news it will take this amount of finances to respond to it, but the injuries need to be responded Reynolds said. church has been asked to be he added. believe done The legal battle also brought criticism of Kelly, who has faced calls for his resignation for putting known abusers in ministry. He has said he never knowingly put children at risk. Kelly said last night he has no plans to retire before reaching his mandatory retirement age of 75 in about three years, saying it is his responsibility to deal with the crisis.

Settling these cases is just the first big milestone, he said. will take about three years to get things straightened he said. afraid we have a long way to Sharing in paying the $25.7 million is the Province of Our Lady of Consolation, a Southern Indiana-based province of Conventual Franciscan priests and friars. The order was named as a codefendant in 19 lawsuits accusing its members who worked in the Archdiocese of Louisville. Reynolds said the archdiocese and the province are not divulging how much each is paying toward the total.

The settlement will resolve the vast majority of the 254 lawsuits filed since April 2002. The suits allege sexual abuse over the past five decades by 35 priests, two religious brothers, three parochial school teachers and a volunteer coach. Six suits were settled previously, while one plaintiff opted out of the settlement negotiations to pursue the case in court. A handful of suits were filed after the late April deadline for becoming part of the class-action settlement talks. Both sides expressed hope they could settle those soon.

None of the settlement money will come from church insurance, Reynolds said. He said that for various reasons, the church has not been able to collect on the policies, some of which were decades-old and did not cover sexual abuse. Some insurance money was available to pay the own lawyers only, he said. That means that the Louisville archdiocese is paying out of its own pockets even more than the Diocese of Dallas did in 1998 in its record $30.9 million settlement with 12 victims of the Rev. Rudolph Kos.

That settlement, made during an appeal of a jury award that was four times that amount, was partly covered by $19.6 million in insurance. Reynolds said it is to speculate on the financial impact on the archdiocese such as whether it will sell property, borrow money or resort to other measures that dioceses around the country have used to fund large payouts. have been working hard to see if we could come to settlement, Reynolds said. did not spend a great deal of time working out all of the implications. That is some of the work we have to do Reynolds said archdiocesan parishes and schools have separate finances from the archdiocese and should not be seriously hurt by the settlement, and he said he did not think the church would need to sell any parish property.

have a lot of confidence that our parishes will remain strong and he said. impact on the organization of the archdiocese, however, will be and its ability to provide some care and services will be affected. The cuts do affect Catholic Charities, church administration and other offices. And the archdiocese has had to reduce grants and scholarships that go toward some struggling schools. Kelly told the 200,000 Catholics that the past 14 months have been difficult and painful for all us.

However, I believe that with this settlement, we have begun to respond to the painful experiences that these men and women had as children and to seek forgiveness for the mistakes we have The settlement does not contain an explicit admission of responsibility by the archdiocese for covering up the abuse, as the 243 plaintiffs had charged. The archdiocese had denied that claim in court documents. But Reynolds said church officials that the people who filed civil suits against the archdiocese deserve a response from the church and we have made our decision accordingly. It is absolutely clear that many children were abused over the decades that have brought us this litigation, and it is imperative that we address that in every reasonable way. To spend the next five to 10 years doing in-depth discovery and analysis of lives and experience would only bring more pain on them and on the The lawsuits began after The Courier-Journal reported on April 14, 2002, that the Rev.

Louis E. Miller had been named in two sexual-abuse lawsuits in the 1990s and had just retired amid allegations of abuse. An avalanche of accusations followed that report, which was cited as evidence in the lawsuits that followed. More than 90 people accused Miller in lawsuits of abuse between the 1950s and 1990, and Miller is serving a 20-year prison sentence after pleading guilty to 50 counts of molesting children in Jefferson County, and he awaits sentenc- ing on 14 counts of molestation in Oldham County. Three other current or former priests were also arrested, as were two former parochial school teachers.

In addition to Miller, a raft of other current, former and deceased priests were accused publicly since April 2002. Kelly permanently barred eight priests from public ministry after Catholic bishops voted in June 2002 to bar any priest from ministry for even a single case of abuse. One of them, the Rev. Daniel Clark, awaits trial in Bullitt County on criminal charges and has been accused in 19 lawsuits. He is accused by more plaintiffs than any priest except Miller and the late Rev.

Arthur L. Wood, accused by 39 plaintiffs of abuse in the 1960s and 1970s. 2002 JANUARY 6 The Boston Globe begins avalanche of revelations about the shuffling of abusive priests to new assignments. MARCH 7 Palm Beach (Fla.) Bishop Anthony becomes highest-ranking cleric to resign over past abuse. APRIL 8 Files show Archdiocese of Boston kept the Rev.

Paul Shanley in ministry despite past abuse. 12 Louisville parochial school teacher Joseph B. Greene III arrested on charges of abusing a student in 1970s; is eventually named in three suits. 14 The Courier-Journal reports retirement of the Rev. Louis E.

Miller amid allegations of past abuse. 19 Michael Turner of Prospect sues the Archdiocese of Louisville, accusing Miller of past sexual abuse. It is the first of 254 lawsuits filed against the archdiocese, 93 of them naming Miller. MAY 7 The Rev. Thomas Creagh resigns as pastor of Holy Family Church after lawsuit alleges past abuse; is eventually named in five suits.

11 The Rev. Joseph T. Herp resigns as pastor of St. Leonard Church over accusation of past abuse; is eventually named in four suits. 31 The Rev.

J. Irvin Mouser placed on leave from Bardstown parishes over accusation of past abuse; is eventually named in five suits. JUNE 12 Lexington Bishop J. Kendrick Williams resigns after being accused in three lawsuits of abuse while a priest in Louisville archdiocese. 14 Bishops vote in Dallas to bar all abusers from public ministry for single offense, but not necessarily to remove them from priesthood.

19 The Rev. Joseph Stoltz removed as sacramental moderator at St. William Church for past sexual abuse; is eventually named in one suit. 20 Archbishop of Louisville Thomas C. Kelly writes to Catholics, asking forgiveness all the ways in which the Church has betrayed your 26 Miller indicted on 42 sex- abuse charges in Jefferson County.

27 Archdiocese of Louisville offers free therapy to abuse victims through University of Louisville. 29 The Rev. Ron Bohl resigns as pastor of Incarnation Church over an accusation of past abuse. JULY 11 Jefferson Circuit Judge James M. Shake denies request to seal lawsuits.

18 Miller indicted in Oldham County. 22-23 Kelly permanently removes eight priests from ministry under Dallas policy for confirmed cases of sexual abuse. 30 Conventual Franciscan province based in Mount St. Francis, is named in the first of 19 lawsuits as co-defendant with the Archdiocese of Louisville, alleging abuse by Franciscans working in the archdiocese. AUGUST 7 The Rev.

Daniel C. Clark who pleaded guilty to sexual-abuse-related charges in 1988 in Jefferson County is indicted in Bullitt County on new charges; is eventually named in 19 suits. SEPTEMBER 8 Diocese of Providence, R.I., reaches a $13.5 million settlement with 36 victims. 18 Archdiocese of Boston agrees to $10 million settlement with 86 plaintiffs. OCTOBER 10 The Rev.

James Hargadon indicted in Jefferson County. NOVEMBER 13 Bishops approve revisions to national sex-abuse policy, giving priests more due-process rights but retaining ministry ban on all abusers. 26 Diocese of Manchester, N.H., settles for $5 million with 62 victims. DECEMBER 10 Diocese of Manchester, N.H., reaches settlement with prosecutors, avoiding criminal charges, giving state oversight of its sex-abuse policies and admitting it probably would have been convicted of failing to protect children from sexually abusive priests. 13 Boston Cardinal Bernard Law resigns after admitting mishandling cases of abuse; the Rev.

John Baptist Ormechea, a Passionist priest, is removed as pastor of St. Agnes Church in Louisville over allegations of past sexual abuse while he was a priest in Chicago. 2003 JANUARY 29 Archdiocese of Louisville settles first three lawsuits against it. Three more settlements follow. 29 Former Louisville parochial school teacher Gary Kazmarek is indicted on seven counts of allegedly molesting two boys between 1968 and 1970.

Four more charges are added in March, and he is named in lawsuits by six plaintiffs. 30 Former Louisville priest Bruce Ewing, now a Metro Council aide, is indicted on rape and sodomy charges from when he was a priest in the 1970s. FEBRUARY 10 Long Island, N.Y., grand jury issues report saying the Diocese of Rockville Centre repeatedly allowed dangerous priests to minister with children. Diocese denies claim that it used deception and intimidation with victims. 22 Pennsylvania Monsignor Ronald W.

Gainer consecrated new bishop of Lexington, replacing Williams. 23 The Linkup, a Louisville- based advocacy group for victims of clergy sexual abuse, wraps up a three-day national conference with a protest by about 40 people at the Cathedral of the Assumption. MARCH 25 Kentucky legislative session closes with no action on bills that would have eased the statute of limitations for filing sex-abuse lawsuits and require clergy to break the seal of confession to report suspicions of abuse. 31 Miller pleads guilty to 50 criminal charges in Jefferson Circuit Court alleging he sexually abused 21 children between 1957 and 1982. APRIL 8 The Courier- Journal reprints two internal church memos showing that in 1983, Kelly became aware that the Rev.

Thomas Creagh admitted molesting a teenage boy and detailing steps he took to keep Creagh in ministry and contain the scandal with a confidential financial agreement with the family. 9 Kelly defends his handling of the Creagh case, saying he believed it was an isolated incident and Creagh was not a danger. Kelly says he would not have made the same decision the advantage of 20 years of knowledge about childhood sexual 15 Two organizations of priests in the archdiocese issue a statement of for Kelly. MAY 2 Diocese of Lexington dismissed as defendant from lawsuit targeting Diocese of Covington alleging seven priests abused 24 plaintiffs. 12 Archdiocese of Louisville announces it is cutting 34 jobs, freezing salaries and taking other steps to cut budget by $2 million in anticipation of a major settlement in the sex-abuse litigation.

27 Miller sentenced in Jefferson Circuit Court to 20 years. JUNE 2 Phoenix Bishop Thomas J. acknowledges he concealed sex-abuse allegations against priests. signs agreement with prosecutors sparing him from indictment on obstruction-of- justice charges and giving up direct handling of abuse cases. 3 Attorneys for the plaintiffs, Archdiocese of Louisville and Conventual Franciscans begin mediation.

Monday Miller pleads guilty in Oldham Circuit Court to 14 charges that he abused eight children. Yesterday Archdiocese of Louisville and lawyers representing 243 plaintiffs reach a settlement of $25.7 million. SEX ABUSE AND THE CATHOLIC CHURCH Important dates in the sexual-abuse scandal of the Roman Catholic Church and the Archdiocese of Louisville Rev. Louis Miller Bishop J. Kendrick Williams Cardinal Bernard Law Rev.

Thomas Creagh Daniel C. Clark stood with his attorney, David Lambertus. Protesters chanted got to during a march on Feb. 23, 2003. Continued from Page One BY DAVID R.

LUTMAN, SPECIAL TO THE COURIER-JOURNAL Brian Reynolds, left, chancellor and chief administrative officer for the Louisville archdiocese, shook hands with William McMurry, lead attorney for the plaintiffs, after the agreement was reached at the Jefferson Club. BY DEVON MORGAN, THE COURIER-JOURNAL RECENT PAYOUTS IN CATHOLIC SEX-ABUSE CASES AVERAGE PER PLAINTIFF (pretrial settlements except where noted) DIOCESE ORDERAMOUNTDATE Settlement reached after jury verdict Jury verdict Case involved the Rev. Daniel Clark NUMBER OF PLAINTIFFS Providence, R.I.$13,500,000362002$375,000 Stockton, Manchester, N.H.$6,500,000612003$106,557 New England Province of Manchester, N.H.$5,000,000622002$80,645 Lafayette, St. Manchester, N.H.$950,000162002$59,375 Camden, N.J.$880,000232003$38,260 Covington, Abuse suits settled for $25.7 million is absolutely clear that many children were abused over the decades that have brought us this Brian Reynolds, chancellor and chief administrative officer for the Louisville archdiocese.