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Priest will fight sexual assault lawsuit
Lawyer: Jacksonville priest will fight sexual assault lawsuit - By The Associated Press

JACKSONVILLE, Fla. (AP) - A former parishioner sued a priest and a Greek Orthodox church on allegations of sexual assault, though the priest's attorney said the lawsuit is frivolous.

The suit against the Very Rev. Nicholas T. Graff, the St. John the Divine Greek Orthodox Church and the Greek Orthodox Archdiocese of America was filed Monday in Duval County Circuit Court. It does not identify the 22-year-old parishioner or his family members by name.

The suit claims that when the parishioner became a teenager, Graff "began exhibiting undue, obsessive and inappropriate interest" in him, including taking the parishioner to and from school every day and buying him an automobile and clothing.

The lawsuit also claims Graff gave the teenage parishioner $500 a week over a six-year period; paid travel expenses, phone bills and tuition; and induced him to move into Graff's home.

The behavior escalated into sexual misconduct when the parishioner turned 16, the suit alleges.

In the summer of 2003, Graff offered the parishioner's mother $300,000 to surrender parental rights, but the mother refused, the suit said. The suit alleges that about two years later, Graff sexually assaulted the parishioner and filed a petition to formally adopt him.

The suit also alleges the church knew that Graff was under investigation for misconduct. Father Frank Marangos, executive director of communications for the Greek Orthodox Archdiocese of America in New York, said he had no comment because the archdiocese had not been served with the lawsuit.

Phone calls to Graff's home and the Jacksonville church were unanswered. Graff's attorney, Tom Fallis, said he had not been served with the lawsuit.

"We think it has no merits and think is frivolous," Fallis said. "We have every intention of defending the suit, vindicating our client as well as counter suing."

Attorney Robert Spohrer, who represents the man and his family, declined to discuss the case.

The parishioner suffers from severe emotional distress, has required hospitalization, therapy and counseling, and will require future care, the suit said.


(Copyright 2007 by The Associated Press. All Rights Reserved.) 

Palm Beach County, Florida - Priest says he fondled Republican Congressman Mark Foley in late 1960s

— A Roman Catholic priest admitted Thursday that he had once fondled Mark Foley when the former congressman was a teenager, but denied that he raped him.

Anthony Mercieca, 72, a retired priest who lives on the Maltese Island of Gozo, confirmed in a telephone interview with station WPTV in West Palm Beach that he is the clergyman whom Foley has accused of sexually abusing him when the disgraced ex-lawmaker was between 13 and 15 years of age at Sacred Heart in Lake Worth.

 

After moving from Brazil in 1967, Mercieca said, he and “a very friendly” Foley quickly bonded and became “great friends.”

“...We became attached to each other, but we didn’t do anything dirty or so, you know?” he said, describing how they became companions and “like brothers.”

“Then, uh, once — and maybe I touched him or so, you know, but because it’s not something you’d call rape or penetration or anything like that, you know?” Mercieca said in the interview. “It was just fondling. It was sort of like more like a spontaneous thing.

“See, ‘abuse’ is a bad word, you know?” Mercieca continued. “Because you abuse someone against his will, but it was just spontaneous, you know? For some people it’s molestation. Maybe for other kids it’s fun, you know? At the time you see it in this sense, you know?”

The 52-year-old Florida Republican, who resigned from Congress last month after it was discovered that he sent sexually explicit e-mails to teenage congressional pages, “would come all the time to the rectory and used to seem to like my company.”

David Roth, Foley’s criminal defense lawyer, could not be reach for comment. “Yeah, we were great friends, you know?” Mercieca said. “When I came I didn’t know anybody, you know? And he was — to be very friendly — and we became friends like that.” Mercieca said he and Foley frequented the rodeo, the arcade and even visited Washington and New York together, visiting museums.

The priest said he and Foley also went to the beach together, but “we did not do anything indecent.”

“There was the sand and, uh — the naturalness, you know?” he said.

But the priest continued to deny any wrongdoing in the interview.

“I would say that if I offended him, I am sorry, but that to remember the good time we had together, you know?” Mercieca said. “And how we enjoyed each other’s company. And to let bygones be bygones.

“This was ... almost 40 years ago, so why bring this up at this stage?” the priest added. In Palm Beach County, where the alleged molestation occurred, Chris Storch breathed a sigh of relief when she saw Mercieca’s confession on television Thursday.

The Lake Worth restaurant manager was in Foley’s class at Sacred Heart, and she and her family were “upset” as they waited in recent days to find out the name of the accused clergyman.

Their concerns were put to rest when the found out when news accounts linked Mercieca to Foley.

“There were a lot of priests at that parish we were very close to,” said Storch, now 51. “They’d come over to our house for dinner and everything. I was hoping against hope it wasn’t someone who was a dear friend of the family. Thankfully, it wasn’t.”

State Attorney Barry Kirscher’s office would not say whether Mercieca was the same man Foley accused of molesting him, but it did release the name to Archdiocese of Miami attorney J. Patrick Fitzgerald, who was in depositions, according to a telephone recording at his West Palm Beach office.

The State Attorney’s office is not investigating the Foley accusations because Foley is not filing criminal charges, spokesman Mike Edmondson said.

“Speaking generally,” Edmondson said, “if, in fact, someone is a pedophile, they generally do not just offend once.”

During Mercieca’s time at Sacred Heart, Storch was in about the fourth grade, she said. Her seven siblings — including two former altar boy brothers slightly younger than Foley —also attended the K-8 Lake Worth Catholic school.

Storch said she never noticed anything unusual about Mercieca or his behavior around young boys, including her brothers.

Around campus back then, it wasn’t unusual to see the boys with priests and the girls with nuns, she said.

“A fourth-grader doesn’t know any better,” Storch said. “He was a priest, you know? To me he was just a priest, someone I looked up to.”

Storch said she knew by high school that Foley was gay and that they often ran into one another on holidays, at weddings and funerals. She called the recent e-mail scandal where Foley allegedly sent salacious messages to teenage boys “horrible for everybody involved.”

Meanwhile on Thursday, the Miami Archdiocese released a statement encouraging anyone who has been sexually abused by a clergy member or church employee to contact the victim’s assistance coordinator at (866) 802-2873 or their local law enforcement department.

Anyone seeking to file criminal charges would have to be specific in their allegations so that the State Attorney’s Office could research the statutes back then and determine if they still apply, Edmondson said.

“The question is whether other victims ... would want to proceed,” he said. “That remains to be seen.”

© 2006 Naples Daily News and NDN Productions. Published in Naples, Florida, USA by the E.W. Scripps Co.

 

Archdiocese apologizes to Foley

The priest accused of abusing Mark Foley as a teen could face sanctions, the Miami Archdiocese said Friday. It also offered the embattled ex-congressman an apology for the priest's "morally reprehensible" behavior. Foley accused the priest after checking himself into rehab in the wake of his resignation for having sexually explicit online chats with teen congressional pages.

Another Stain for Roman Catholic Church

Aired March 9, 2002 - 22:23   ET CNN.com
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

CATHERINE CALLAWAY, CNN ANCHOR: Another stain for the Roman Catholic Church. The bishop of the Palm Beach Diocese in Florida has resigned after admitting that he sexually abused a teenager more than a quarter century ago.

Here's CNN's John Zarrella with that story.

JOHN ZARRELLA, CNN CORRESPONDENT (voice-over): The bishop of Palm Beach has become the latest Catholic priest caught in a sexual abuse scandal.

BISHOP ANTHONY O'CONNELL, PALM BEACH, FLORIDA: And I'm saddened and embarrassed and ashamed.

ZARRELLA: Late Friday, Bishop Anthony O'Connell admitted having a sexual encounter with a teenaged boy at a Catholic seminary in Missouri more than 25 years ago.

O'CONNELL: There was nothing in the relationship that was anything other than touches.

ZARRELLA: O'Connell went public after his accuser, Christopher Dixon, now 40, told his story to "The St. Louis Post-Dispatch" newspaper. It's an episode in his life O'Connell says he thought was buried in the past for good because Dixon, who himself became a priest for a time, had settled his claim in a secret agreement with the church; a secret broken when Dixon went public.

CHRISTOPHER DIXON, ACCUSER: As those sessions went on, in his attempts to try and help me be comfortable with my body and to understand that there's nothing about my body, whether it's my face, my fingers, my genitals or what have you, nothing about it is bad. And that led to him trying to prove that nothing was bad about that by taking me to bed with him.

This ruined my life in many respects, although I'm well on my way to recovering and making a life for myself. But it's also affected the lives of many other people. And as hard as it is, people have to remember that these people are just men, they're not gods.

ZARRELLA: As this latest incident came to light, the ten bishops of Florida, including O'Connell himself, issued a statement condemning sexual abuse by priests. The statement said in part -- quote -- "The people of God have a right to be able to trust those who minister to them in God's name."

A spokeswoman for the Archbishop of Miami pointed out the people of the church are not infallible.

MARY ROSE AGOSTA, ARCHDIOCESE OF MIAMI: It is obvious that the Catholic Church is a human institution. And while we, as a church, always strive to be pure, as humans, we cannot be.

ZARRELLA: The revelation in south Florida is just more salt in the wounds of the U.S. Catholic Church, after months of controversy in the Boston diocese. Eighty priests there are accused of misconduct, and a former priest is serving time for indecent assault. Ironically about a month ago, Bishop O'Connell, when asked about the Boston case, defended Catholic priests.

O'CONNELL: As reprehensible as it is, and it is, the bulk of our Catholic priests are totally faithful to their commitment to celibacy, are totally trustworthy in their parishes.

ZARRELLA: At his press conference Friday, O'Connell said the Dixon incident wasn't his only fall from grace.

O'CONNELL: There could be one other person of a somewhat situation and in a somewhat similar timeframe.

ZARRELLA: O'Connell has offered his resignation to the Vatican.

John Zarrella, CNN, Miami.

(END VIDEOTAPE)

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Vatican, 3 U.S. dioceses covered up abuse, suit alleges
2 men say they were molested as youths- Associated Press - Posted April 4 2002

ST. PETERSBURG, Fla. - Two men sued the Vatican and three Roman Catholic dioceses yesterday, accusing them of covering up sexual abuse at a Catholic boarding school in Florida and an Oregon monastery.

The lawsuits claim that the Holy See; the archdioceses of Portland, Ore., and Chicago; the Diocese of St. Petersburg, and two religious orders hid two abusive clergymen by moving them to parishes and monasteries across state and national lines. "Church leaders have been guilty of making deceitful choices," said Jeffrey Anderson, who has represented more than 400 plaintiffs in abuse lawsuits against church officials since the 1980s.

A message left for the Vatican ambassador to the United States was not returned. A spokesman for the U.S. Conference of Catholic Bishops declined to comment.

No one has successfully sued the Vatican in a sex abuse lawsuit, although a handful of lawyers have tried, said the Rev. Thomas Doyle, a priest who co-wrote a 1985 report warning more must be done to stop abuse.

He said he expects church lawyers will argue that the Vatican is a country with diplomatic immunity and cannot be sued.

In the St. Petersburg case, Rick Gomez, 28, of California, said Salesian Brother William Burke abused him in 1987 when he was a seventh-grader at the Mary Help of Christians boarding school in Tampa. The priest is currently believed to be working in New Jersey.

"These were the people I looked up to and respected," said Gomez, who cried at a news conference.

The Very Rev. James Heuser, vice provincial of the order, said Burke is a fully ordained priest who is not in active ministry. He declined to say where Burke lives, but said he had contacted him and he did not want to comment.

In the Portland case, an unnamed man said the Rev. Andrew Ronan molested him in the mid-1960s in a Portland monastery and elsewhere when he was about 16.

Ronan, who died about 10 years ago, allegedly abused children in Ireland before being transferred to the United States, the lawsuit said.

The Chicago archdiocese was named because Ronan was transferred from a Chicago parish to Portland after allegedly molesting children, Anderson said.

Last month, Anderson filed a lawsuit accusing all U.S. bishops and three dioceses of covering up sexual abuse by a former Florida priest more than 25 years ago.

Meanwhile, the Archdiocese of New York said it has given the Manhattan district attorney a list of cases from the past four decades of priests accused of molesting youngsters.

Florida Legislators Draft Bill to Aid Clergy Victims

By Noaki Schwartz and Nicole Sterghos Brochu - Sun-Sentinel - June 30, 2002

Reacting to mounting claims of clergy sexual misconduct, South Florida legislators are working on legislation that would require church officials to report allegations of child abuse, give victims more time to file lawsuits and allow law enforcement to prosecute older cases.

“It’s a very, very serious issue that usually has lifetime consequences for the children involved,” said Sen. Ron Klein, D-Boca Raton. “I think we really need to take a look at whether the current law, as it stands, really punishes the people committing these sexual abuse acts or whether technicalities are allowing abusers to go unpunished. I don’t think the community will be satisfied if there’s one technicality after another allowing people to get away.”

If Klein and others are successful, Florida would join a growing list of states taking legislative action to protect the rights of children molested by clergy.

Church settles day-care lawsuit

By CHRISTINA E. SANCHEZ
VENICE, FL -- Venice Presbyterian Church has settled one of more than a dozen lawsuits filed by parents who say teachers at the church's day care abused their children.

Approved by a judge last week, the settlement calls for the church to pay more than $25,000 to one couple for emotional and physical pain suffered by their child, according to court records.

Parents accuse employees at the church's Early Childhood Center of force-feeding their children, pulling their hair and slamming them to the floor as punishment.

Another 14 suits are pending in the courts, including two filed in the past month, saying the church was aware of the abuse and did nothing to stop it.

Two of the pending cases are set to go to mediation in May.

But the resolution of one case does not set precedent for the outcome of the others, said lawyer Adam Balkan, who filed one of two recent lawsuits.

"The facts are heavily stacked against the church, but each case stands on its own merits," Balkan said.

A 500-page Venice police report released in May said that day-care staff -- including the church's pastor and the day-care director -- knew of accusations of abuse but did not report them to the authorities, as required by law.

Details of the abuse also were revealed in the police reports, which accused two former teachers of child abuse. No criminal charges were filed.

In the two most recent lawsuits, the parents are seeking a minimum of $15,000 in damages for alleged abuse. One couple says their daughter, A.P., was dragged across the room by her hair.

A different couple says their son, M.K., was forced to eat food he didn't like as punishment.

The children's names and ages are not included in the lawsuits. Both children are in counseling to deal with the abuse, according to court records.

A.P. attended the day care from September 1999 to August 2004.

M.K. attended from August 2004 to October 2004.

The two most recent suits are also the first to blame the former director of the day-care center, Susan Bensen, and the church's current pastor, the Rev. Chris Romig, for allowing the abuse to occur.

Romig, who is still pastor of the church, declined to comment on any of the cases Tuesday.

"We're just trying to move forward," he said.

Balkan, who represents three families in the lawsuits, said the children can't forget what happened to them.

"It's not about money for these families," Balkan said. "It's about what happened to these kids and the ddeprivation of their childhood."

In the lawsuit that was settled last week, the couple said their daughter, identified as D.R., came home from day care with nosebleeds, a broken collar bone and unexplained bruises. After pressing the day-care staff for answers, the family sued and now believes she was abused numerous times from 2002 to 2005.

The settlement agreement was reached by mediation in December, and accepted by a judge last week.

A confidentiality agreement keeps the exact amount from being disclosed, court documents show.

The first reports of abuse were made in October 2004 and sparked investigations by the Venice Police Department, the state Department of Children & Families and the Sarasota County Health Department.

Soon after, the church fired the two teachers involved in the complaints and Bensen resigned.`

In the 500-page report detailing the allegations, police recommended 29 criminal charges be brought against six staff members.

But the state's attorney decided in May not to pursue the charges.

Prosecutors said they could not prove the teachers broke the law because of a 2004 Florida appellate court ruling. In that case, the appeals court said spankings that cause significant bruising or welts do not meet the legal requirements of felony child abuse.

Parents of the children who attend the day care said, however, that the day care broke its own policy that prohibits corporal punishment.

Since the allegations of abuse, the church has changed the name of its day-care center to Preschool in the Pines.

Archdiocese of Miami Issues Abuse Report

Report says its insurers paid $9.3 million to settle claims of sexual misconduct by priests, lay personnel and religious brothers and sisters.

BY JAY WEAVER AND DONNA GEHRKE-WHITE - December 15, 2003

Insurers for the Archdiocese of Miami have paid $9.3 million for settlement, legal and counseling costs to resolve sexual-abuse claims against its priests and other employees since it began insurance coverage in 1966, says a church report released over the weekend.

The payments covered some of the archdiocese's 90 abuse claims by minors through Dec. 1, but church officials could not say exactly how many. Nor could they say how much the archdiocese paid for such coverage or whether it also resolved any claims from its own resources.

''No parish money is used for this,'' including donations, archdiocese spokeswoman Mary Ross Agosta said on Sunday.

The eight-page report, which included a letter of apology from Archbishop John C. Favalora for the nationwide clergy scandal, disclosed for the first time that 38 South Florida priests were accused of sexual misconduct since the archdiocese was founded in 1958.

The report stressed that the number represented less than 1 percent of 4,340 priests who have served the archdiocese during the past 45 years.

But the archdiocese said it would not release the names of the 38 priests or the dates of the alleged incidents.

One Florida lawyer who has battled the Catholic Church over sexual-abuse complaints for two decades said he believes that the numbers in the report are misleading.

The lawyer, Sheldon Stevens of Cocoa Beach, said the archdiocese may have received abuse complaints against 38 priests since 1958, but that figure should be considered a minimum.

''Based upon the history of the behavior of victims, many of the abuses are not reported,'' said Stevens, who has brought 50 complaints against the Catholic Church in Florida, including three involving priests in the Archdiocese of Miami.

''The number reported by the archdiocese actually only represents a percentage of the priests who engaged in that kind of conduct,'' he said.

The archdiocese's report also said its insurers paid a total of $5.5 million to cover some of the 64 claims submitted for alleged misconduct by priests only.

Of that total, $2.1 million was for actual settlements, according to the report. The balance was for the archdiocese's legal costs and psychological counseling for priests and victims.

One of the payouts was for a $500,000 settlement disbursed in September to a teenager who accused an archdiocese priest of molesting him on visits to his ailing grandmother in a nursing home four years ago. It was the first settlement of about 30 sexual-abuse lawsuits filed against the Miami archdiocese since the nationwide clergy scandal broke last year.

REPORT FLAWED?

Stevens said he believes that the archdiocese's report is also flawed regarding the $2.1 million in insurance settlements.

He noted, for example, that he settled three sizable complaints as part of confidential agreements in the late 1990s. Those payouts -- along with the $500,000 settlement in the nursing-home case -- totaled almost $2.1 million, he said.

''I don't consider their figures reliable,'' Stevens said. ``The involvement I've had in three cases that have been paid out -- coupled with the most recent settlement -- would leave a negligible amount to resolve the other 60 claims.''

Agosta, the spokeswoman, declined to comment about Stevens' assertions.

Since last year, the archdiocese has notified Miami-Dade and Broward prosecutors of about 30 abuse complaints filed as civil lawsuits. But prosecutors said all of the alleged incidents against minors occurred long ago, and no criminal charges could be filed because of a four-year statute of limitations.

Favalora said the new report -- inserted in the Dec. 11 issue of The Florida Catholic, an archdiocesan newspaper, and circulated throughout the 118 parishes in Miami-Dade, Broward and Monroe counties -- was meant ''to help restore the bonds of trust and communion'' as the Catholic Church grapples with the clergy scandal.

Favalora also apologized ``for any action or inaction on my part that has lessened your sense of trust in the Catholic Church and its ministers.''

Asked specifically what Favalora was apologizing for, Agosta declined to elaborate. ''If there was something that he or the archdiocese didn't do, then he's apologizing for it,'' she said.

Archdiocese leaders said the report includes information for a survey by the John Jay School of Criminal Justice in New York City, which was commissioned by the U.S. Conference of Catholic Bishops to consolidate all priest sex-abuse complaints since the 1950s. That survey is scheduled for release Feb. 24.

The Miami archdiocese and 194 other dioceses also have provided information for a nationwide audit on compliance with the bishops' reforms -- from prompt reporting of clergy sex-abuse complaints in criminal investigations to lay-committee reviews of allegations to providing counseling for victims.

That audit, conducted by the Gavin Group of Winthrop, Mass., found in a visit in September that the Miami archdiocese was in full compliance, according to the archdiocese's report. The U.S. bishops' Office for Child and Youth Protection is scheduled to release that audit on Jan. 6.

PRIESTS AND OTHERS

According to the archdiocese's report, 64 sexual-abuse claims were submitted for local priests, 20 others for lay personnel and six more for religious brothers and sisters.

The archdiocese's insurance program paid a total of $9.3 million -- with most of that covering claims for archdiocese priests and the balance for lay personnel and religious brothers and sisters.

In a question-and-answer section of the report, the archdiocese stressed that no parish funds were used to pay settlements or legal fees.

But the report asked: ``Even if insurance covers liability, aren't we as Catholics paying the insurance premiums?''

''Yes,'' the report answered. 'Like families, individuals and businesses, the archdiocese pays premiums for all kinds of insurance such as workers' compensation, general liability, property . . . and auto liability.''