Orange County Personal Injury Lawyer - Clergy Abuse

Charge of Sexual Assault on Children Dropped Against Denver Pastor

IB Contributor — Fri, 14 Sep 2007 15:28:58 GMT

In my March 28, 2007 blog I wrote about Stephen J. Heese, pastor of The Church in South Denver who was accused of assaulting two children more than a decade ago. Wendy Martinez and other staunch supporters of Pastor Heese, have contented that he is innocent of any wrongdoing from the very moment allegations were made against him. May comment about Pastor Heese's supporters at that time was "Who can blame them for being in denial?"

Well, they had good reason to support Pastor Heese. They weren't' in denial, they were right. Wendy Martinez brought an article from RockyMountainNews.com to my attention that states in part:

Jefferson County prosecutors have dismissed charges of sexual assault on children against a Lakewood minister after they concluded they didn't have enough evidence to proceed with a trial. Prosecutors dropped the charges Thursday, Pam Russell, a Jefferson County district attorney spokeswoman, said Monday.

In one sense justice has been done, an innocent man is free. In another sense what irreparable injury has been done to Pastor Heese and his reputation? Or is there a silver lining to this story of how the accusations pulled a community together to support their Pastor? Or maybe the blessing that this seemingly unfortunate event has not yet manifested itself. Hopefully, when that silver lining does make itself known, Wendy Martinez will politely hound me to mention it here in on my blog like should hounded me to write about the charges being dropped.

Good job Wendy! Everyone should be so lucky to have supporters like you.

Originally posted at InjuryBoard by IB Contributor

Judge to Allow Clergy Sex-Abuse Trials to Move Forward

Chrissie Cole — Mon, 27 Aug 2007 17:57:06 GMT

On Friday, a federal bankruptcy judge ruled that 42 clergy abuse cases pending against the Roman Catholic Diocese, of San Diego, be released for civil trial to allow the people who suffered abuse as children to get their day in court.

In February, the diocese sought bankruptcy protection to avoid the progression of 127 lawsuits, but it was dismissed because the judge ruled the victims have a constitutional right to a jury trial.

"The victims are very encouraged," said a lawyer for a group of claimants. "And they are very grateful that the court has the wisdom to grasp the gamesmanship the victims have been subjected to for years by the diocese."

She repeated that the diocese's $95 million settlement proposal was far below the state average for such abuse claims. Attorneys of the plaintiffs are looking for a settlement of about $200 million.

While the victims and their attorneys are encouraged by the judge's ruling, an attorney for the victims committee, is concerned that the judge must take a step of formally removing the stays that were placed on 42 cases after the diocese filed bankruptcy. The judge's ruling is expected on December 6th.

Originally posted at InjuryBoard by Chrissie Cole

State Supreme Court Reinstates Fraud Claims Against Milwaukee Archdiocese

IB Contributor — Wed, 11 Jul 2007 13:01:32 GMT

Clergy abuse victims win a court victory.

The Wisconsin Supreme Court in a landmark decision, ruled that victims of sexual abuse in the hands of priests may be able to file fraud claims against the Archdiocese of Milwaukee, although the court said victims cannot sue for negligence because the three-year statute of limitations had run out on several cases.

Advocates and plaintiffs' attorneys said they were pleased with the state high court's decision because it will give victims a chance they never had to hold accountable both the perpetrators and the diocese, which sheltered and protected them against prosecution. The statute of limitations in fraud claims is six years and the court said the clock would only start ticking from the moment the plaintiff becomes aware of the fraud.

The cases the court was looking at involved four victims. Three were abused by Siegfried Widera between 1973 and 1976 and one other victim was an altar boy molested by Franklyn Becker. Victims and their attorneys say that the diocese committed fraud in both these cases because church officials not only denied to parishioners that the priests had committed offenses against children and that they were a danger to other children, but eventually sent them both to other parishes here in California where they abused more children.

It is extremely difficult for victims to come forward and tell their stories. To start with, these were young boys who were in a vulnerable situation. They were abused by a person whom they looked up to, trusted and held in high reverence. It is not surprising that they came forward as adults. That's very common. But unfortunately, there are time limitations to file these lawsuits. The legal system waits for no one. I can also understand some of the attorneys' bittersweet feelings on this ruling because although the decision is to be welcomed, it is tougher to prove fraud than it is to prove negligence.

But I sure am glad that the courts opened a window despite closing a door for these hurt victims. Now, they at least have some form of opportunity to find justice and make the Catholic Church pay for their callous disregard for the welfare of their parishioners. To knowingly protect a person who has committed a despicable crime against numerous children is inexcusable and it is despicable. It really makes you wonder how holy and Christ-like these men are! Any apology from the Catholic Church will be too late and too weak for any of these victims to accept, in my opinion.

We have seen that clegy abuse happens all over the place - be it a church, temple or synagogue. As long as we have perverted men of cloth who take advantage of their unique situation, this problem will be ongoing. If you or a loved one has been a victim of clergy abuse, call me, John Bisnar. We offer a free and completely confidential consultation where we can help you examine your legal options. Just remember that it wasn't your fault.

Originally posted at InjuryBoard by IB Contributor

More Women Are Sexually Abused By Priests Than Boys Are

IB Contributor — Mon, 09 Jul 2007 23:25:48 GMT

Clergy Abuse - Priest Abuse of Adult Women

Rarely do abuse victims want their story splashed in the media for everyone to read. Peggy Warren is different. Peggy wants everyone to know what happened to her, the betrayal, the seduction, the manipulation and the abuse of power that she suffered, as an adult, at the hands of a Catholic priest. She wants other women who have suffered physiological and sexual abuse at that hands of clergyman to know they are not alone, to have resources and to have a place to speak out.

You can read Peggy's and her husband's story of the havoc wrecked on their family by Nicholas Voelker, a Catholic priest, on their website (http://www.educatingtoendabuse.com/index.html). She also shares her research that indicates that the majority of victims of clergy sexual abuse are women, not young boys.

If you want to investigate taking action against a clergyman for sexual abuse or other despicable conduct, contact us for a free, totally confidential consultation.

We represent clergy sexual abuse survivors without any upfront expense to our client. All of our fees and costs are paid out of the eventual recovery.

Originally posted at InjuryBoard by IB Contributor

Pastor accused of sexually assaulting boy

IB Contributor — Sat, 31 Mar 2007 23:33:16 GMT

A south Sacramento pastor accused of sexually assaulting a teenage boy earlier this month told reporters that he is "innocent" and that "God will help uncover the truth," according to an interview published in The Sacramento Bee.

"I have no idea why I'm here," Frederick Dew told a reporter from behind a glass partition at the Sacramento County jail. "I have just been praying and just believing in God, just waiting to go to court to see what God will do."

Dew, 34, of the Praise Tabernacle church, is being held on suspicion of allegedly assaulting a 13-year-old boy inside a bathroom at a library. Sacramento police arrested Dew on suspicion of committing lewd acts with a child under 14 by force, oral copulation with a child under 16 and false imprisonment -- all felonies. The victim, according to police, escaped the assault and immediately reported what happened to library officials. On-site security then managed to get a description of the suspect as he was leaving, according to the article.

Dew said he was at the library studying 1 Corinthians, Chapter 12, for a weekend church conference on relationships and marriage. He said he took notes while seated at a table near a window, and, during his time there, did not see a teenage boy. He said he left the library at about 4:30 or 5 p.m. and returned to his congregation.

Later that evening, he said, police telephoned the church and said one of its vehicles had been involved in a serious crime. Dew said he agreed to meet with detectives the following afternoon, but said detectives became angry when he refused to admit to assaulting the boy.

This case interests me because the boy went to the police right away. I applaud the teenager's courage. He did the right thing instead of succumbing to the fear and cowering with shame and guilt, which by the way, is what most victims of such an assault tend to do.

This case is yet to be tried, but it boggles my mind that a pastor who would quietly retire to a corner in the library to read the Bible, would be the target of such a horrible accusation.

If you have been a victim of clergy abuse, call me for a free and completely confidential consultation. Call me before it's too late to take action.

Originally posted at InjuryBoard by IB Contributor

Jury awards $41 million in priest abuse suit

IB Contributor — Sat, 31 Mar 2007 23:17:48 GMT

A Delaware jury awarded $41 million Friday to a U.S. Navy officer who said a Roman Catholic priest sexually abused him hundreds of times as a teen, according to an Associated Press article posted on the New York Times' Web site)

Jurors awarded Cmdr. Kenneth Whitwell $6 million in compensatory damages and $35 million in punitive damages. Whitwell, 39, claimed the Rev. Edward J. Smith raped and sodomized him more than 230 times over several years at Archmere Academy, and that church officials did nothing to stop it, the article said.

The Catholic Diocese of Wilmington, Bishop Michael Saltarelli and the high school were dismissed from the lawsuit last year. However, Whitwell's attorney says he plans to appeal that ruling. It is unclear how much Whitwell will be able to collect.

Whitwell won a default judgment against Smith in January after Smith failed to respond to the lawsuit. Smith cannot be prosecuted criminally because the statute of limitations has expired. Whitwell has been a public spokesperson for state legislation that would repeal the statute of limitations for lawsuits alleging child sexual abuse.

Whitwell, an optometrist stationed at the Marine Corps base in Quantico, Va., said he repressed any memory of his sexual abuse until 2000, when it surfaced unexpectedly during a heated argument with his wife.

'"Fr. Smith's abuse of Kenneth Whitwell while he was a student at Archmere is despicable,'" the school said Friday in a news release iterating its apology but noting that the school did not learn of the allegations until 2004.

I seriously doubt that Mr. Whitwell will see any of that $41 million award. So if Whitwell won't be collecting any money, why go through the effort? Maybe for moral reasons. Maybe so that what happened to him could be made public, the perpetrator known and publicly found financially responsible for the harm caused. Money wasn't going to have as much impact on Whitwell's quality of life as a victory in court and a financial judgment.

Making the Catholic Church and the public in general aware of what happened is one of the best ways to prevent it from happening again. We are more aware. We are more watchful because of Mr. Whitwell's lawsuit.

If you have been a victim of clergy abuse? You want something done about it? I would. Call me.

Originally posted at InjuryBoard by IB Contributor

Denver Pastor accused of sexually assaulting children

IB Contributor — Wed, 28 Mar 2007 22:09:34 GMT

Clergy abuse claimed by brother and sister.

A pastor faces charges of sexually assaulting two children in his wife's home day-care at least a dozen years ago, authorities said Monday, according to a Fox News report on its Web site.

Stephen J. Heese, 51, pastor of The Church in South Denver, is accused of assaulting a girl, now 17, and her brother, now 20, when they attended the day-care operation roughly between 1992 and 1994, according to an arrest warrant affidavit.

Heese faces two counts of sexual assault on a child by a person in a position of trust and two counts of sexual assault on a child with a pattern of conduct. The charges were filed last month. Heese is free on $25,000 bond. He denies wrongdoing and his church is supporting him, said Ray Brown, a church elder.

The article quotes Brown, who says he and other church members stand by their pastor and don't believe he would've done anything wrong.

"It is the church's position that the accusations are false. We stand behind Steve. He has denied it and we totally believe him," Brown said

Heese is still employed at the church, where he has been pastor for 27 years, Brown said.

The siblings told authorities a year ago they were assaulted, said Pam Russell, a spokeswoman for the Jefferson County district attorney. Russell said it was not unusual for the investigation in such a case to take a year. Russell said investigators believe there may be other alleged victims.

If convicted of all four counts, Heese could face a minimum of 10 years in prison and up to a lifetime of supervision. Brown said the church is non-denominational and has between 200 and 300 members.

This article does not surprise me one bit. A pastor is accused of sexually assaulting children. Church supports him 100 percent. Well, who can blame the church members who have trusted him, spent their Sundays listening to his sermons and tried to be good Christians by following his teachings? Who can blame them for being in denial?

Of course, none of the charges in this case have been proved yet. That said, it is extremely common for victims to come out with their accusations years or even decades after the incident occurs. They live most of their young lives in shame, grappling with guilt, questioning their morals and their sexual identity, struggling to form meaningful relationships or even regain the ability to trust another human being.

If someone so much as alleges that they've been through this hell, I think the least they deserve is their day in court.

If you have been a victim, call me before it's too late for a free and completely confidential consultation. There are time limits to filing a claim. A sexually deviant clergyman, most times never stops abusing. Protect future generations from these animals, report them. Don't let it happen to another child.

Originally posted at InjuryBoard by IB Contributor

Baptist Pastor In Ohio Charged With Sex Crime.

IB Contributor — Sat, 10 Mar 2007 00:24:00 GMT

An Ohio pastor has been charged for allegedly having inappropriate sexual contact with a 15-year-old girl, according to a news article posted in the Dayton Journal News in Ohio.

The girl, whose name was not released because she was a minor and the victim of a sex crime, said Enorris Thomas, an assistant pastor at Second Baptist Church on Verity Parkway, fondled her at his Middletown home, according to Detective Fred Shuemake. The girl made the clergy abuse allegation against Thomas during a separate custody hearing, the article said

Thomas was charged with sexual imposition, a third-degree misdemeanor, and was taken to the Middletown City Jail on Feb. 14, Shuemake said. He was released the same day on his own recognizance, according to jail records.

Thomas declined to comment on the issue. The Rev. Nathaniel L. Cooper, pastor of the Second Baptist Church, also could not be reached for comment.

This is a sad story and one that happens all too often in this country. This girl was clearly going through problems at home. She was a young girl going through the travails of her teen years, coupled with her parents likely splitting up, because according to this report, she first talked about the pastor during a custody hearing.

Families look to men of the cloth for spiritual, emotional and familial guidance, not to be preyed upon by sexual predators. I don't know the facts of this case, but at Bisnar|Chase we are seeing more and more cases where priests, pastors, ministers, rabbis and so on, who are trusted by their congregants, abuse that trust in the worst possible manner, sexual abuse or sexual impropriety with children.

But this is a problem that we have to face because it happens almost on a daily basis in some church, temple or synagogue throughout our country. And the victims of such abuse are scared for life. They go through all sorts of psychological problems ranging from identity crisis, guilt, low self-esteem, low self worth, relationship issues, drugs, crime and worst of all, becoming abusers themselves. The perpetrators, abusers, their accomplices and those who have turned a blind eye to the sexual abuse of children and young adults, all need to be held accountable both criminally and financially.

For a totally confidential, free consultation regarding a clergy abuse issue, contact me directly. It wasn't your fault. You did not deserve the to be treated that way. You have rights. See me before your time to take action expires.

Originally posted at InjuryBoard by IB Contributor

Hours Before Trial, Diocese Files Bankruptcy

Christina Cole — Tue, 06 Mar 2007 09:24:55 GMT

San Diego Diocese files for bankruptcy protection.

The Roman Catholic Diocese of San Diego announced they are filing Chapter 11 bankruptcy only hours prior to a final settlement offer was rejected by attorneys for dozens of people who claim they were sexually abused by priests.

The filing drew abrupt accusations from victims' advocates which will immediately halt more than 140 lawsuits targeting the diocese, including a trial that was set to go in San Diego that involved a longtime Inland priest. A Colorado woman alleges Monsignor Patrick of sexually abusing her in the early 1970s.

Legal experts say a bankruptcy filing will not stop litigation against the San Bernardino Diocese, named in 17 or more pending lawsuits, including some that are targeting San Diego Diocese.

It is uncertain if the filing will unravel San Diego Diocese's pledge to make good the San Bernardino Diocese in cases that accuse clergy sexual misconduct before 1978, when the San Diego Diocese managed Inland parishes.

San Bernardino Diocese has no plans to file bankruptcy, said a spokesman for the 1.2 million member Inland diocese.

"We have a comparatively low number of cases against our diocese ... as compared to San Diego, at more than 140, which means our total potential liabilities are much less," Lincoln said. "We believe we have sufficient insurance coverage to handle pending claims."
In a pastoral letter issued Tuesday, San Diego Bishop Robert Brom said the church "put money on the table that would have stretched our financial capability to the limit, but demands were made which exceeded the financial resources of both the diocese and our insurance carrier."
Those suing the diocese and victims' advocates criticized the 11th-hour bankruptcy as a tactic aimed at further delaying the long-stalled lawsuits while also preventing public disclosure of the role church leaders played in protecting priests accused of sexual misconduct.
"This is a morally bankrupt move by a self-serving bishop who's afraid to face tough questions about coddling and concealing pedophile priests, said Mary Grant, western regional director of the Survivors Network of those Abused by Priests, or SNAP, a nationwide victims' group.

Originally posted at InjuryBoard by Christina Cole