Man Says Diocese Could Have Prevented Abuse
Diocese Allegedly Knew Of Priest's Behavior
WORCESTER, Mass. -- On Ash Wednesday, the
beginning of Lent, local Catholics grappled with both their personal
transgressions and those of their church.
Alleged victims of sexual abuse at the hands of priests came
forward Wednesday to tell their stories or file lawsuits against the church.
NewsCenter 5's Kelley Tuthill reports that a man who said he
was abused as a teenager by a priest, claimed that the Worcester Diocese knew of
Father Thomas Teczar's behavior before the man was even ordained.
David Lewcon has letters that show that as far back as 1967,
the Worcester Diocese had concerns about Teczar. He said he wonders every day
what his life might be like if someone had done something to protect the
children of Worcester county.
"If I'd come forward sooner, then it could have been a
criminal case, and he would be like the numerous priests today that are behind
bars," Lewcon said. "He got away."
Lewcon has spent six years pursuing a civil case against
Teczar. Lewcon said he was a 15-year-old attending St. Mary's Church in Uxbridge
when Teczar began molesting him.
"You don't know who to tell," Lewcon said. "You can't even
tell your priest, because the priest is the one that's raping you."
Lewcon said letters prove that the Diocese of Worcester knew Teczar had a
problem as early as 1967, five years before his alleged abuse. One letter reads:
"I would suggest that no further warnings should be given
about his formerly manifested predilection for intimate and rather exclusive
companionship with young boys. If this breaks out again, I do not think he
should be ordained."
Teczar was ordained and worked in several Worcester-area
parishes. According to a diocese letter, then-Bishop Timothy Harrington told
Teczar in 1985 that he would not give him another assignment. One diocese letter
reads: "Bishop Harrington told Tom to consider seeking a benevolent bishop..."
Lewcon's civil suit against Teczar is ongoing, but he has
since settled with the diocese.
At Sunday masses, Bishop Daniel Reilly announced in a letter
that he is asking all clergy to report allegations of sexual misconduct, and he
reiterated his position of zero tolerance for abuse of children.
But Reilly has yet to turn over the names of priests involved in sexual abuse
cases, something Worcester District Attorney John Conte has requested.
He told NewsCenter 5 that he wants to make sure that no one
involved in abuse is still serving in the diocese, and if the statue of
limitations has not run out, he intends to prosecute any appropriate cases.
"There are a lot of cases in Worcester County that are not
known about, cases far worse than mine," Lewcon said. Teczar is now apparently
retired and living in Dudley. NewsCenter 5 was unable to reach him for comment.
Worcester Diocese spokesman Ray Delisle was unable to talk
Wednesday, but he said that the diocese is waiting for a written request from
the district attorney before deciding what information to turn over.
Conte said that he has made that request and is hopeful that
the diocese will release the names of any priests involved in sexual abuse.
Also Wednesday, a Newton family filed suit against Cardinal
Bernard Law, saying that the cardinal was informed of the alleged abuse of their
son, but he did nothing about it.
September 14, 2002
Trial to start in sex abuse lawsuit
By Gary V. Murray, Telegram & Gazette Staff
WORCESTER-- A 1996 lawsuit filed by a Webster man who alleges he
was sexually abused as a teenager by a Roman Catholic priest is scheduled for
trial next week in
Worcester Superior Court.
Jury selection is scheduled to begin Tuesday in a civil lawsuit brought by
David Lewcon of Webster against the Rev. Thomas Teczar.
Mr. Lewcon alleges in the suit he was sexually abused by Rev. Teczar in
1971 and 1972, when the priest was assigned to St. Mary Church in Uxbridge and
Mr. Lewcon was a teenage member of the parish.
Rev. Teczar, now 60, has denied in court filings he sexually abused or
assaulted Mr. Lewcon. Although he remains a priest, Rev. Teczar was placed on
administrative leave several years ago and cannot perform any priestly duties.
He was living in Dudley when Mr. Lewcon's suit was filed.
Mr. Lewcon had also named the Catholic Diocese of Worcester as a defendant
in the case, but his claims against the diocese were dismissed about two years
ago after a settlement was reached.
According to the suit, Mr. Lewcon has suffered mental distress and
emotional harm and did not begin to understand he had been damaged by Rev.
Teczar's alleged actions until 1993. Mr. Lewcon, who is represented by the
Boston law firm of Brody, Hardoon, Perkins & Kesten, is seeking unspecified
monetary damages.
Rev. Teczar is represented by Worcester lawyers Louis P. Aloise and Michael
C. Wilcox. Judge Peter A. Velis will preside over the trial.
September 18, 2002
By Gary V. Murray,Telegram & Gazette Staff
WORCESTER-- Opening statements are scheduled today in the trial
of a civil lawsuit brought by a Webster man who alleges he was sexually abused
as a teenager by a Catholic priest.
David Lewcon, 48, of Webster filed his suit in 1996 against the
Rev. Thomas Teczar alleging he was sexually abused by Rev. Teczar in 1971 and
1972, when the priest was assigned to St. Mary Church in Uxbridge and Mr. Lewcon
and his family were members of the parish.
Rev. Teczar, 61, has denied engaging Mr. Lewcon in any acts of
sexual abuse or mistreatment. While he remains an ordained priest, Rev. Teczar
was placed on administrative leave several years ago and cannot perform any
priestly duties.
Mr. Lewcon maintains he suffered emotional harm as a result of
Rev. Teczar's alleged actions and did not begin to understand the damage caused
to him until 1993.
The Catholic Diocese of Worcester was also named as a defendant
in the case, but Mr. Lewcon's claims against the diocese were dismissed about
two years ago, after a settlement was reached.
A 14-member jury, including eight women and six men, was chosen
yesterday in Worcester Superior Court to hear the case. Judge Peter A. Velis
will preside over the trial, which is expected to last about a week.
Mr. Lewcon is represented by Boston lawyer Laurence E. Hardoon.
Rev. Teczar is represented by Worcester lawyers Michael C. Wilcox and Louis P.
Aloise.
September 19, 2002
Testimony begins in priest's trial
By Kathleen A. Shaw,Telegram & Gazette Staff
WORCESTER-- David L. Lewcon said he felt emotional conflict
after the Rev. Thomas Teczar raised what he thought was a platonic friendship to
a sexual level.
Mr. Lewcon, now 48 and living in Webster, said that at the
time he was 16 and was having difficulty accepting that he was homosexual. He
saw Rev. Teczar as a friend and a priest and felt deep conflict once the priest
attempted sexual encounters with him.
Mr. Lewcon testified yesterday in Worcester Superior Court on
the opening day of his civil lawsuit against Rev. Teczar.
In his opening statement, Laurence E. Hardoon of Boston, who
represents Mr. Lewcon, told the jury that he intends to show that Mr. Lewcon, a
teenager with few friends, was sexually abused by Rev. Teczar, and this abuse
altered Mr. Lewcon's life. Mr. Lewcon said he has suffered from depression and
post-traumatic stress and has taken antidepressant medication.
Michael C. Wilcox, who with co-counsel Louis P. Aloise is
representing Rev. Teczar, told the jury that the allegations involve “a couple
of back rubs.” Mr. Wilcox said Mr. Lewcon and Rev. Teczar became friends after
the priest came to St. Mary Parish in Uxbridge. The priest gave Mr. Lewcon a
back rub on three or four occasions, according to the lawyer. He told the jury
that Mr. Lewcon was at the legal age of consent at the time these back rubs
occurred.
Mr. Wilcox said he intends to show that Mr. Lewcon had a
sexual relationship with another man who worked at the House of Affirmation and
later had other sexual relationships with men. He showed photographs taken of
Mr. Lewcon and Rev. Teczar together when Mr. Lewcon visited the priest at his
parish in Gardner several years later. He added that Mr. Lewcon had gone to
several therapists and did not immediately mention alleged abuse by Rev. Teczar.
Rev. Teczar, now 61 and living in the Dudley area, is still a
priest, but was placed on administrative leave by the Worcester Diocese several
years ago. He is barred from performing any priestly duties.
Mr. Hardoon said Mr. Lewcon grew up with his parents, but had
“minimal social life” and had no previous sexual encounters before meeting Rev.
Teczar. “The whole family was active in the Roman Catholic Church,” he said. Mr.
Lewcon's life was “altered” by the experience with his parish priest, but he did
not realize his problems were because of past abuse until 1993 when media
reports surfaced about the Rev. Thomas A. Kane and his alleged molestation of a
young person. Mr. Lewcon began talking with other people and realized where his
own problems might have started, Mr. Hardoon said.
Mr. Lewcon said he lived in the country with his family and
had few friends. He changed schools a couple of times, which made meeting other
young people difficult. He attended religious education classes beginning in
first grade, and later transferred to a Catholic school.
The jurors were told by Mr. Lewcon that Rev. Teczar's
predecessor at St. Mary Parish in Uxbridge was Rev. Kane, who later headed the
House of Affirmation.
Mr. Lewcon said he first met Rev. Kane when his father, who
owned a construction business, renovated St. Mary's rectory. He said he helped
his father on the project. Rev. Kane would stop by to greet the teenagers. “He
started asking questions about my life,” Mr. Lewcon said. He took him on a trip
to visit a boys school and then started talking about issues with sex.
“I didn't feel good at all about it,” Mr. Lewcon said. They
took a trip to the Southbridge area, and Rev. Kane asked him in the car where he
“wanted to experiment” with sexuality. “I don't know. I don't know,” he said he
answered.
“He was a priest. I should trust him,” he said. Mr. Lewcon
said he felt uncomfortable about the situation and began to believe he was not
“safe” with Rev. Kane. He and Rev. Teczar became friendly shortly after the
priest arrived at St. Mary to replace Rev. Kane in the fall on 1970, Mr. Lewcon
said.
“I got a sense we had a lot in common,” he said. They liked
the same kind of music, and Rev. Teczar had a good stereo system in his room in
the rectory. He said he saw the priest as someone who was knowledgeable, and “he
made me feel good.”
Rev. Teczar began taking Mr. Lewcon on trips to St. Joseph's
Abbey in Spencer where the priest was able to get the teenager into places in
the monastery where he could meet the monks. They were going to St. Joseph's two
to four times a week, he said. It took about a month-and-a-half before the
relationship “shifted a little bit,” he said. Their conversations began to
include some “sex talk.”
By February 1971, Mr. Lewcon was a regular visitor to the
priest's room at the rectory, which was on the second floor. He would be invited
upstairs to listen to music. On one particular Saturday that he was invited to
the priest's room to listen to music, Mr. Lewcon said the priest began
“stroking” him. “I liked it,” he said.
The priest then suggested that he would like to give the young
man a back rub. Mr. Lewcon said he told him he didn't want one. Rev. Teczar
asked whether he wanted an alcoholic beverage. “I agreed to one,” he said. “He
said it would make me feel better.”
After Rev. Teczar served him a second drink, the priest began
to massage his shoulders, Mr. Lewcon said. He said the massage felt good, and he
agreed, at the priest's request, to lie on the bed with his shirt on so he could
continue. Mr. Lewcon said he later removed his shirt. He was rubbed with
Vaseline Intensive Care lotion, he said. The priest then began massaging lower
on his back, but Mr. Lewcon's belt kept him from going lower.
Mr. Lewcon said although the massage “felt good,” he felt
“conflicted.” The man was a friend and a priest, he said. He admitted that he
massaged Rev. Teczar's back at his request. He said he felt obligated because
the priest had rubbed his back. Mr. Lewcon said he also believed that he could
jeopardize their friendship if he did not comply.
On a second occasion after music and alcoholic beverages in
Rev. Teczar's room, Mr. Lewcon said the priest again offered to rub his back. He
described himself as being face down on the bed in a kind of “paralysis.”
This time Rev. Teczar went lower and massaged his buttocks.
He then turned him over and exposed his genitals. “He started to masturbate me,”
Mr. Lewcon said. He stopped the priest before he reached orgasm.
“I did not want to accept the fact I was gay. I didn't want
to go there,” he said.
Mr. Lewcon said he continued to “like” Rev. Teczar and
continued with his trips to St. Joseph's Abbey after the sexual encounter.
September 21, 2002
Lewcon recounts wild Cape party
By Kathleen A. Shaw,Telegram & Gazette Staff
WORCESTER-- David L. Lewcon yesterday described a trip to a
home on Cape Cod with the Rev. Thomas Teczar that involved drinking, smoking
marijuana and an incident in which one of the partygoers claimed to have a gun.
The incident happened about a month after his first direct
sexual encounter with Rev. Teczar, he said. The priest at the time was assigned
to St. Mary's parish in Uxbridge, which was Mr. Lewcon's home parish. Mr. Lewcon
was a 16-year-old high school student.
Mr. Lewcon testified a second day in his civil suit in
Worcester Superior Court against Rev. Teczar. Mr. Lewcon alleges that he was
damaged psychologically as a result of sexual misconduct by Rev. Teczar. The
priest, who has not been defrocked, was placed on leave by the Worcester diocese
several years ago and is not allowed to function as a priest.
Mr. Lewcon said Rev. Teczar invited him to come to his
parents' home on Cape Cod. It was March 1971. He said he received his parents'
permission and they were accompanied by a couple of other people. “I was looking
forward to it,” he said.
They left for the Cape, with Rev. Teczar driving, and arrived
during the night after the hour-and-a-half trip. Mr. Lewcon was 16 at the time
and helped himself to a mixed drink of Southern Comfort and ginger ale. He later
went to bed when Rev. Teczar came into the room and sat on the bed. Rev. Teczar
rubbed his shoulders and hugged him, but there was no sexual contact, he said.
The following day they drove and walked around areas of Cape Cod, he said. They
were joined by two people identified as a half-brother and half-sister of Rev.
Teczar.
“There was a lot of drinking, a lot of noise. People were
having a good time,” he said. Mr. Lewcon said he drank alcohol and at one point
was sitting on the front porch. He said he became “nervous” because the group
appeared to be passing a marijuana cigarette around and he was asked to partake.
“I looked up to Tom and asked what should I do. He told me to smoke it and I
did,” he said.
He stayed on the porch and picked up a conversation in which
someone said, “What's that?” “A gun, stupid,” was the answer. The other person
asked what he intended to do. “The response was 'What else. Shoot.' ” The one
who said he would shoot was identified as a man named Chip. Mr. Lewcon said he
got the feeling that Chip might be intending to shoot him. He got up and went
back into the house and upstairs to his bedroom.
He later fell asleep and was awakened about midnight by Rev.
Teczar. He was told it was not “safe” for them to stay there and they would go
to the priest's parents' house in Worcester.
They arrived in Worcester and he was given a bed at the
parents' house, he said. He went to sleep and got a sensation “that someone was
masturbating me. It was like a dream. Then I woke up. It was Tom masturbating
me,” he said. Mr. Lewcon put his hand down to stop him but he reached orgasm, he
said. “I was absolutely devastated,” he said.
Mr. Lewcon said he was grappling with sexual identity at the
time and thought if he did not reach orgasm during these kinds of encounters
that he really wasn't homosexual. “I was conflicted about that. It was the last
thing I wanted to be,” he said. “I was horrified.”
He described another encounter inside St. Mary's rectory in
which he and Rev. Teczar were in his room and the priest asked about the size of
his penis. “He asked me to expose myself. He did likewise,” he said.
Mr. Lewcon said he did not understand at first that these
encounters might have caused him some psychological damage.
He began thinking about the possible effect of his past in
1993 when he was watching television one night and there was a story about the
Rev. Thomas A. Kane and allegations of sexual misconduct and financial
impropriety at the House of Affirmation. He later saw reports on other
television stations. “It was a pretty scandalous story,” he said.
He began receiving counseling and visited more than one
therapist or psychiatrist during that time. He began talking about the alleged
sexual abuse by Rev. Teczar. He said he was drinking alcohol more and felt a
“loss of identity.” Mr. Lewcon said he has a “trust problem” and does not have
close friends. He believes he has developed problems because his first sexual
encounter was “abusive.”
“I have real authority issues and am the world's worst
employee,” he said. He has been fired from jobs. He said this comes from Rev.
Teczar being an authority figure. “Everything he said supposedly was right,” he
said. “I have all kinds of insecurities and my self-esteem is pretty low. I
don't feel accomplished. I like to be by myself,” he said.
Michael C. Wilcox, co-counsel for Rev. Teczar, began
cross-examination, which will continue Monday.
September 26, 2002
Priest's lawyers dispute testimony
By Richard Nangle,Telegram & Gazette Staff
WORCESTER-- Lawyers for the Rev. Thomas Teczar yesterday
attempted to discredit the Superior Court testimony of a forensic psychologist
who is a key witness in the clergy sexual abuse civil suit filed by David Lewcon
of Webster.
Dr. John Daignault, a member of the staff of McLean Hospital
at Harvard Medical School, said of Mr. Lewcon, “He has lost his soul. His soul
has been stripped from him.”
Sexual abuse at the hands of Rev. Teczar when Mr. Lewcon was a
teenager, Dr. Daignault said, was to blame.
But one of Rev. Teczar's lawyer's, Louis P. Aloise of
Worcester, questioned whether other factors might explain Mr. Lewcon's
difficulties in his adult life.
Mr. Aloise noted that Mr. Lewcon, who has been evaluated by
several psychologists, carried some scars from his school days. In particular,
he keyed on one report that claims Mr. Lewcon annually visits and spits on the
grave of a teacher he reviled. Mr. Lewcon said that report was in error. He said
that on one occasion when he was visiting a cemetery he happened to walk by the
grave of a teacher he disliked. He spat on the grave, he said, but has never
returned to do it again.
In either case, Mr. Daignault said, school-related problems
would not explain Mr. Lewcon's many present afflictions.
Mr. Aloise's questioning of Mr. Daignault focused at times on
the possibility that Mr. Lewcon is faking or exaggerating his symptoms. Mr.
Daignault discounted that. He said, however, that he did not contact every
therapist who evaluated Mr. Lewcon in order to question them about reports that
Mr. Lewcon claimed were inaccurate.
Mr. Daignault said Mr. Lewcon will require five to seven years
of intensive therapy, two sessions a week, in order to get control of his life.
But he said there is no cure for the damage allegedly done to him by Rev. Teczar.
Mr. Lewcon's lawsuit charges that in the early 1970s he was
sexually abused by Rev. Teczar, who was assigned to St. Mary Church in Uxbridge.
Mr. Lewcon claims the alleged abuse is to blame for
depression, post-traumatic stress disorder, inability to enter into a sexual
relationship without the use of alcohol and a host of other maladies.
Michael Wilcox, representing Rev. Teczar along with Mr. Aloise,
told the jury during opening statements that the allegations involve “a couple
of back rubs” and that Mr. Lewcon was at the legal age of consent when those
back rubs occurred. Mr. Lewcon, however, says those back rubs led to mutual
masturbation sessions.
Testimony was scheduled to continue today at 9 a.m. Rev.
Teczar is expected to take the stand in his own defense before the trial
concludes.
WORCESTER-- The Rev. Thomas Teczar testified in Worcester
Superior Court yesterday that he was dismissed from two seminaries and generally
had a rocky road on his way to ordination in 1967.
Now 61, Rev. Teczar testified that after ordination by Bishop
Bernard J. Flanagan, he was transferred several times until he became an
inactive priest in 1984. He has never been defrocked, but the Worcester diocese
took away his right to function as a priest in that year.
His testimony came during the seventh day of a trial in the
civil suit filed against him by David A. Lewcon of Webster. Mr. Lewcon testified
earlier in the week about a relationship that developed with Rev. Teczar when he
was age 16 and Rev. Teczar was assigned in 1971 to St. Mary's parish, Uxbridge.
The relationship involved sexual contact.
Louis P. Aloise and Michael C. Wilcox, lawyers for Rev. Teczar,
sought to keep information in the priest's personnel file from being admitted as
evidence. They argued that the intent of bringing the information out was
“character assassination.” Judge Peter Velis said that information contained in
personnel and job performance reviews is not admissible in court, but Lawrence
E. Hardoon, lawyer for Mr. Lewcon, could elicit answers through questioning Rev.
Teczar.
Rev. Teczar said he first thought seriously about the
priesthood while in junior high school and he entered St. Paul's Seminary,
Ottawa, in 1961. He was dismissed from the seminary and the seminary director
suggested that he should not be a priest. Rev. Teczar said he never received any
written appraisals from the seminary other than grades for courses. The seminary
supervisors questioned his judgment in a letter to Bishop Flanagan but no
specifics were given. “It was a blow,” Rev. Teczar testified. “I completely
wanted to be a priest.”
He went to the bishop of Pittsburgh in September 1963 to see
whether he would assist him in finding another seminary placement, but the
bishop declined, he said. That bishop was Bishop John J. Wright, who was
Worcester bishop before going to Pittsburgh in 1959. He later became a cardinal
and headed the Sacred Congregation for the Clergy in Rome until his death in
1979.
The following year, Rev. Teczar went back to Bishop Flanagan
to see whether he would reconsider and he did agree to send him to St. Francis
Seminary of Loreto, Pa. Rev. Teczar said he never got any “reports” from the
seminary other than grades but he was dismissed from St. Francis in January
1967, he said. He was within three months of completing his studies, he said.
Mr. Hardoon asked what happened. Rev. Teczar said he was a
deacon and was assigned to an internship at a parish in Pennsylvania. His job
was to assist at Mass and help out in the parish. He said a friend from
Pennsylvania State University came over to the parish for a visit. “I asked two
priests to borrow a car to bring him back to Penn State,” he said.
He was told he was being dismissed for that reason since interns are not to
ask pastors for anything, he said. “So after five years and six months of
seminary and you are on the way to ordination, and you are dismissed from the
seminary for asking to borrow a car?” Mr. Hardoon asked.
“I asked for a car. That's the reason they gave me,” Rev.
Teczar said.
Bishop Flanagan assigned him to Immaculate Heart of Mary
Church, Winchendon, from February to June 1967 to serve as a deacon. It was a
chance for him to improve, he said. A letter from the Winchendon pastor went to
Bishop Flanagan discussing his progress in the parish. The pastor raised the
issue of then-Deacon Teczar taking a bicycle ride with a young man. During this
time, he applied to the School of Sacred Theology in Washington, D.C., he said.
He did not complete the process but Bishop Flanagan assigned him to St. Paul
Cathedral. “He called and said he was going to ordain me,” he said. The
ordination was in December 1967. The bishop sent him back to school to finish
“the gaps in my education.”
Under questioning by Mr. Hardoon, Rev. Teczar said he worked
as a counselor the summer of 1966 at the Nazareth Home for Boys in Leicester,
which at the time was run by Monsignor Edmond T. Tinsley. He was dismissed from
that job for breaking a rule. He said he gave a bath to a 10-year-old boy. Rev.
Teczar said the boy was having a difficult day and was given a bath and went to
bed.
After ordination, he served four months at Our Lady of
Lourdes, Worcester, and then was transferred to St. Joan of Arc parish,
Worcester, where he served until 1971, when he was transferred to St. Mary
Church in Uxbridge, where he met Mr. Lewcon.
Mr. Hardoon asked whether he was “asked to leave” that parish
in 1972. “That is right,” Rev. Teczar said. He went to St. Ann Church of
Leominster where Mr. Hardoon suggested he was “asked to leave” in December 1975.
“That is too strong a word,” Rev. Teczar said.
He served a year at St. Aloysius Church in Gilbertville before
moving to Immaculate Conception of Worcester. Mr. Hardoon asked whether Rev.
Teczar was asked to leave. “Oh, no,” the priest answered. He was assigned to
Sacred Heart parish, Gardner, in 1980 where he served until 1984. He was then
moved back to St. Aloysius, where he became a pastor. The diocese removed him
from active ministry 11 months later, he said.
Rev. Teczar will continue his testimony at 9:30 a.m. Monday in
room 18 of Worcester Superior Court.
September 30, 2002
Sex abuse civil case could set precedent: Lawyers test how
juries will see the scandal
by Robin Washington, Boston Herald
WORCESTER - A week ago, the Diocese of Worcester received
widespread condemnation - followed by praise - when its lawyer attempted to
subpoena names from a sex abuse victims' group before the bishop intervened.
But in another case, the spotlight remains on clergy sex abuse
here, where for the first time in seven years a civil case against a priest has
gone to trial in the Bay State.
And though the benches are nearly empty of spectators in the
Superior Court case of Lewcon vs. Teczar, the legal community is watching it
closely.
``None of the clergy abuse cases have gone to trial in recent
memory. It will be interesting to see how a jury responds,'' said Carmen Durso,
a lawyer with several clergy cases, including a conspiracy charge against the
Archdiocese of Boston.
Added Mitchell Garabedian, who represents scores of alleged
priest victims: ``This trial will give the jury an opportunity to make a
definite statement as to the liability of a priest when he was having a sexual
relationship with a 16-year-old child.''
The age of David Lewcon of Webster, now 48, at the time of his
alleged abuse at the hands of the Rev. Thomas Teczar in 1971 is an issue central
to both sides.
Because Lewcon was 16 when the alleged molestation began,
Teczar's lawyers contend he was beyond the age of consent.
``The age of consent for being touched without penetration is
14,'' said Louis P. Aloise, one of two lawyers representing Teczar.
But Lewcon has a different understanding.
``It's 14 if it's a criminal charge, but in a civil case you're still considered
a child up until 18 years old,'' he said, echoing a stance taken by John
Daignault, a McLean Hospital psychologist who has examined Lewcon.
In several days on the stand, Aloise grilled Daignault,
challenging his diagnosis of post-traumatic stress syndrome based on the abuse.
``He admitted he never heard of a diagnosis of PTSD where the
underlying event was consensual,'' Aloise said.
But Daignault countered that Lewcon was very much a child when
the abuse occurred. He also said Teczar's misuse of his collar was a part of the
abusive relationship, and at one point he asked Aloise to refrain from referring
to his client as ``Mr. Teczar.''
`It's Father Teczar,'' Daignault said. ``That's the issue.''
Both Lewcon and Aloise have experience in priest sex abuse cases - Lewcon
winning a undisclosed settlement in a suit against diocese officials two years
ago for his abuse by Teczar, and Aloise in representing the Rev. Ronald Provost,
the last Bay State priest to go to trial in a sex abuse civil case.
At the start of that case, Aloise said, the majority of prospective jurors had
sympathies tilting toward the church. This time, he said, ``Fifty percent of
prospective jurors were excused because of biases against the church.''
Lewcon's case is expected to go to the jury this week.
In related developments:
In another Superior Court case, Durso filed a suit for two
brothers alleging molestation by the Rev. Henry Banach in the sacristy of St.
Hedwig's Parish in Southbridge in the 1980s.
A man who rents a basement apartment in Shrewsbury from Sime
Braio, an alleged victim of Worcester Diocese Bishop George E. Rueger, said in a
deposition released last week he witnessed a church official visiting the house
with ``a black bag'' - which Braio has suggested was cash in an attempt to buy
his silence.
Glen Anderson also said he overheard a phone call by Braio to
church officials and disputed the diocese's assertion that Braio attempted to
extort the church by threatening to take his claim to the press if not paid.
A Worcester Diocese spokesman was unavailable for comment on
the Banach and Reuger cases.
In the Springfield Diocese, Garabedian filed a suit charging
the late Rev. Richard J. Ahern sexually abused a boy beginning when he was 12 at
Our Lady of Mount Carmel Parish in Pittsfield 30 years ago.
The alleged victim, Donald Smith, who later became a Eucharistic minister at St.
Michael's in Springfield, said yesterday he decided to act after hearing Bishop
Thomas Dupre and other clerics belittle the scandal following Mass last Palm
Sunday.
``I had carried around this guilt for 30 years,'' Smith said.
``I was very upset. I quit the
church.''
October 3, 2002
Teczar jury to get early start today
By Kathleen A. Shaw,Telegram & Gazette Staff
WORCESTER-- The jury in the civil suit against
the Rev. Thomas Teczar deliberated for about 2.5 hours yesterday before asking
to adjourn for the day.
Judge Peter Velis asked jury members at 4:30 p.m. whether they
wanted to continue their deliberations. They said no and the judge excused them
for the day. He initially scheduled deliberations to resume in Worcester
Superior Court at 9:30 a.m. today. The foreman said the jury wanted to begin at
9 a.m. The judge set a compromise and both sides agreed to resume 9:15 a.m.
The jury sent two questions to the judge from the deliberation
room. One asked about the statute of limitations for this type of sexual abuse
allegation. They later asked the judge to define the term “reckless intention.”
The judge said he would give them the definition when they reconvene this
morning.
David A. Lewcon, of Webster, is suing Rev. Teczar, alleging
that he caused him psychological harm when he sexually abused him at age 16.
The case is drawing statewide and national attention from
within the legal community and among alleged victims of clergy sexual abuse
because it is one of the few suits involving a priest that has gone to trial.
Most have been settled out of court without a trial.
Carmen L. Durso, a Boston lawyer handling clergy abuse suits
in Worcester, and ......., who is also handling local suits, said it is rare for
a priest to be involved in a trial and the legal community is watching to see
how a jury looks at these kinds of cases.
In his closing argument, lawyer Laurence E. Hardoon, of Boston
said the jury must consider specific points. The first is who was telling the
truth. Mr. Lewcon testified that Rev. Teczar had sexual contact with him while
Mr. Lewcon was a parishioner of St. Mary's of Uxbridge. Rev. Teczar was assigned
there in 1971, replacing the Rev. Thomas A. Kane.
Another aspect is for the jury to determine as best it can the
losses to Mr. Lewcon, Mr. Hardoon said.
Louis P. Aloise, a lawyer for Rev. Teczar, in his closing
argument asked the jury to consider why it took Mr. Lewcon more than 25 years to
report the abuse.
Mr. Lewcon testified that he was not aware of the harm done by
his relationship with Rev. Teczar until he saw a 1993 television program on a
civil suit brought by an alleged victim of Rev. Kane. Mr. Aloise and co-counsel
Michael C. Wilcox have argued that Mr. Lewcon was at the statutory age of
consent when the incidents occurred and he readily participated in the sexual
encounters.
Dr. John Daigneault, a psychologist from McLean Hospital in
Belmont, testified that the psychological community accepts age 18 as the time
when a person is able to truly consent to sexual relations.
Mr. Aloise also argued that Mr. Lewcon not only consented to
the first sexual encounter, but “went back” to the rectory where another sexual
contact occurred. The jury was asked to consider how Mr. Lewcon “begged” his
parents to attend an outing to a Teczar family home at Cape Cod which resulted
in another sexual encounter.
Rev. Teczar was ordained in 1967 and served in several parish
assignments in the diocese before the diocese said he could no longer function
as a priest. He was not defrocked, however.
October 4, 2002
Jury rules Teczar committed abuse
By Kathleen A. Shaw,Telegram & Gazette Staff
WORCESTER-- A jury decided yesterday that the Rev. Thomas
Teczar sexually abused David A. Lewcon and caused him harm, but it declined to
award him any money.
The verdict was reached after 3 p.m. in Worcester Superior
Court after a day of deliberation in the civil trial.
“No one won here today,” said Louis P. Aloise, a lawyer for Rev. Teczar.
The lives of both men were altered, he added. He called the priest abuse scandal
that has deeply affected the Catholic church in the United States a “national
tragedy” that needs to come to an end.
Michael C. Wilcox, his co- counsel, said the church probably
should set up a pool of funds to reimburse victims. Rev. Teczar was advised by
his lawyers not to comment on the jury's decision.
Laurence E. Hardoon, lawyer for Mr. Lewcon, said he did not
know what to make of the verdict. “They believed him,” he said. Mr. Lewcon,
stunned by the outcome, said he did not know what to say.
The jury had been asked to determine whether Mr. Lewcon needed
to have understood how the alleged abuse harmed him before he started dealing
with the issue in 1993. The jury said no.
Mr. Lewcon said his case did not involve repressed memory
syndrome because he never forgot what happened to him in 1971 when he was 16. He
said he did not understand that he had been harmed by the alleged sexual
encounters until 1993 when he saw a television news report about allegations
made against the Rev. Thomas A. Kane, former director of the House of
Affirmation in Whitinsville.
The jury ruled that Rev. Teczar committed “reckless infliction
of emotional distress” on Mr. Lewcon, but judged that it was not intentional.
The jury also found that Mr. Lewcon suffered harm as a result of the defendant's
conduct.
Mr. Lewcon testified during the trial that Rev. Teczar invited
him to his room in St. Mary's rectory, Uxbridge, and gave the teen-ager a back
rub, and the encounter ended with mutual masturbation. This happened on two
other occasions, at the rectory and at the home of Rev. Teczar's parents in
Worcester, he said.
The jury ruled that the reckless infliction of distress by the
priest was not a substantial contributing factor in bringing about harm to Mr.
Lewcon.
Mr. Aloise said the verdict in the jury trial was strikingly
similar to one returned seven years ago when a victim sued the Rev. Ronald
Provost, former pastor of St. Joseph's parish in Barre, for harm he suffered
after the priest took nude and seminude photographs of him. Mr. Aloise
represented Rev. Provost in that suit. He said the only difference between the
two was that the issue was negligence and not reckless intention.
The jury sent a question on Tuesday to Judge Peter Velis
asking for a definition of reckless intention.
The judge conferred with lawyers for both Mr. Lewcon and Rev.
Teczar to agree on the wording before the jury entered the courtroom. He told
the jurors that reckless intention had to be more than an accident, mistake,
negligence or gross negligence.
Mr. Hardoon noted that a number of the jury members were young
and some were middle-aged. He said most or all were college-educated and several
held master's degrees.
Rev. Teczar arrested on charge from Texas
Kathleen A. Shaw, TELEGRAM & GAZETTE STAFF
WORCESTER- The Rev. Thomas H. Teczar was arrested yesterday on
a governor's warrant in connection with a charge in Texas that he sexually
abused an underage person.
He was released on personal recognizance after appearing
before Judge John S. McCann in Worcester Superior Court. Arrangements are being
made for him to voluntarily return to Texas.
Lawyer Michael C. Wilcox, who is representing Rev. Teczar with
Louis P. Aloise, said the man making the sexual abuse allegation is in prison in
Texas. Rev. Teczar denied any involvement with the man, who admitted that at one
time he was a teenage prostitute, Mr. Wilcox said. He said there still is no
indictment against Rev. Teczar. He said the process has been slowed because the
complainant appears to be "unreliable.'
Mr. Wilcox said Rev. Teczar is ready to return to Texas when
law enforcement officials in that state are ready to accept him.
Mr. Wilcox said Rev. Teczar wanted to voluntarily surrender in
January but Texas authorities asked them to hold off because he had not been
indicted. The Texas charge of aggravated assault on a child was made 10 years
after Rev. Teczar moved back to Massachusetts, he said.
Rev. Teczar already had a charge of being a fugitive from
justice, also on a warrant from Texas, pending in Dudley District Court. Rev.
Teczar, 61, now lives in Webster. The two warrants relate to the same
investigation, Mr. Wilcox said. He said the issuance of the governor's warrant
was routine and part of the legal process to return him to Texas, he said.
Rev. Teczar was ordained as a priest of the Catholic Worcester
diocese but was placed on leave several years ago and is not permitted to
function as a priest.
District Attorney John J. Conte said Rev. Teczar was arrested
in December on a fugitive from justice warrant from Texas and was arraigned in
Dudley. The case was continued and he was free on $30,000 bail.
Then a governor's warrant relating to the same issue was
executed through a sheriff's department in Texas. The warrant went to
Massachusetts Gov. Mitt Romney. Mr. Romney signed the warrant on Friday and Rev.
Teczar was arrested yesterday, Mr. Conte said.
District Attorney Russell Thomason, who is investigating the
case in Texas, was not immediately available for comment.
In Worcester Superior Court yesterday, Judge McCann stayed the
governor's warrant and released Rev. Teczar on personal recognizance.
The Texas charge against Rev. Teczar originated through the
new national policy adopted last June by the American bishops. Bishop Joseph
Delaney of the Fort Worth diocese got a complaint from a man regarding abuse by
Rev. Teczar. The complainant has not been publicly named.
Bishop Delaney referred the allegation to police under terms
of the policy and the Texas Rangers agreed to investigate.
Rev. Teczar served in parishes in Texas from the late 1980s
until 1993, when he quickly left the state during a criminal investigation into
child molestation, according to Bill Dowell, a prosecutor in Eastland County,
Texas. Mr. Wilcox denied that he fled or left quickly and said Rev. Teczar left
in the normal course of events in his life.
A Worcester Superior Court civil jury in October found that
Rev. Teczar was responsible for sexual abuse of David A. Lewcon of Webster when
he was assigned in 1971 to St. Mary's Parish, Uxbridge, but declined to award
monetary damages to Mr. Lewcon.
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