Judge agrees with diocese; throws out papers in suit
| Kathleen A. Shaw T&G STAFF kshaw@telegram.com |
SPRINGFIELD-
Judge John A. Agostini of Hampden Superior Court has upheld the Diocese of
Worcester's contention that certain documents be stricken from Jane Martin's
lawsuit against the diocese involving allegations of sexual abuse by the Rev.
Robert E. Kelley.
Judge Agostini also upheld the diocese's position that the state's charitable
immunity law applies to Ms. Martin's case.
Among documents that were tossed out is the 1962 Vatican document called
Crimen Sollicitationis, which surfaced in Worcester a year ago, and a 1991
document from Cardinal Joseph Ratzinger of the Vatican's Congregation for the
Doctrine of the Faith, which discusses grave sins by clergy.
James Gavin Reardon Jr., lawyer for the diocese, said yesterday he was pleased
with the judge's decision. The judge upheld the diocese's two leading
contentions that the state's charitable immunity law applied in this suit and
that Crimen Sollicitationis is not relevant, he said.
Mr. Reardon said although Judge Agostini's decision is not binding on Judge
Jeffrey Locke, who is hearing pending Worcester lawsuits, he said it is
"instructive" to the other judges because Judge Agostini reviewed the case and
applied the law.
Mr. Reardon and lawyer Joanne L. Goulka of Stoneham made a similar argument to
Judge Locke in Worcester Superior Court, but he has not ruled.
Several lawyers throughout the United States are attempting to introduce the
Crimen document in civil suits in Worcester, Springfield, Los Angeles, Dallas,
Louisville, Ky., and other jurisdictions.
The lawyers believe that Crimen Sollicitationis - Latin for The Crime of
Solicitation - and the Cardinal Ratzinger letter demonstrate a worldwide
conspiracy by the hierarchy of the Catholic Church to cover up sexual abuse by
its priests. The document has not been admitted as evidence into any of the
pending lawsuits.
Judge Agostini said the Crimen document "purports to establish procedures in
Canonical Courts for hearing and adjudicating accusations of solicitation by
priests. This should be stricken," he said in his decision.
"Martin failed to provide any facts to support her claim that the documents
originated with the Vatican or that the Diocese actually received it.
Furthermore, how the Catholic Church handled allegations of solicitation
within in Canonical Courts is irrelevant to the issues here," the judge said.
The judge said the document from Cardinal Ratzinger was written 17 years after
the alleged abuse of Ms. Martin by Rev. Kelley and is not relevant to this
suit.
Ms. Martin's lawyer, Michael P. Ascher, accused the judge and the legal system
in Massachusetts of further victimizing Ms. Martin and said the judge has
effectively taken away Ms. Martin's claims that the diocese acted beyond the
scope of its charitable purpose when it allowed Rev. Kelley to continue as a
priest.
The judge's decision "has set a precedent," Mr. Ascher said. He said he
believes it to be erroneous and based upon legal theories that are misapplied.
He said he is appealing. Judge Agostini's decision was filed with the court
Aug. 12.
Mr. Ascher said Ms. Martin met April 14 with Bishop Daniel P. Reilly, who has
since retired. Bishop Reilly "looked her in the eye and promised to settle her
case before Bishop McManus' arrival," he said.
"He asked her to draft a written letter with an itemization of what she needed
to settle her claims. She apparently did so and delivered it to Bishop Reilly.
She followed up with several telephone calls, and we were then served with a
letter that essentially told Jane to stop communicating with the bishop
directly, although he had solicited the letter," Mr. Ascher said.
Mr. Reardon said lawyers for both sides agreed to let Ms. Martin meet with
Bishop Reilly, but that it would be a private meeting, that the substance of
the meeting would be kept confidential, and that no lawyers would be present.
He said he would honor the confidentiality of the meeting and not discuss it
further, but he did deny that Bishop Reilly ever promised to settle her
lawsuit.
Ms. Martin's lawyer said the judge's decision has eliminated any incentive by
the diocese to participate in settlement discussions because it can argue that
its damages are capped at $20,000.
Judge Agostini said Ms. Martin incorrectly framed the issue "as whether the
sexual abuse of children is an activity carried on to further the Diocese's
charitable purpose." The real issue is whether the diocese's negligent hiring,
training and supervision of Rev. Kelley and its failure to investigate and
remove him were beyond the charitable purpose of the diocese, the judge said.
Ms. Martin, who lives in Hampden County, alleges in a civil lawsuit that the
diocese failed to properly supervise the Rev. Kelley when he was an active
priest of the diocese. She alleges that he sexually abused her when he was
assigned to Notre Dame Parish, Southbridge.
Rev. Kelley has admitted in a previous deposition that he sexually abused Ms.
Martin. The issue being argued in this lawsuit is whether the diocese was
negligent. According to the suit, Ms. Martin was about 10 when she was abused.
She maintains she reported the abuse to her pastor, the late Monsignor Raymond
Page, who was also Rev. Kelley's superior.
Rev. Kelley, who was removed from active ministry by the diocese but never
defrocked, is serving a prison term after pleading guilty to raping Heather
Mackey and Denise Gallian when he was assigned to St. Cecilia Parish,
Leominster. He previously served a jail term after pleading guilty to raping
Jennifer A. Kraskouskas of Gardner when she was a girl.