Molestation Defense Attorney Changes Sdes- For Good Reason

by jst2laws 5 Replies latest watchtower child-abuse

  • jst2laws
    jst2laws

    An anonymous good friend of many here found this in the New York Times, Nov 25 issue. It is not about JW's but it is very good and possibly useful.

    http://www.nytimes.com/2003/11/25/national/25ABUS.html?ex=1070776079&ei=1&en=4c09a80d232d7068

    Lawyer for Church Says He Hid His Own Sexual Abuse by Priest

    November 25, 2003
    By LAURIE GOODSTEIN


    For five years, Robert P. Scamardo defended the Roman
    Catholic Diocese of Galveston-Houston against lawsuits by
    people who claimed to have been sexually abused by priests.


    As general counsel, he vigorously resisted accusers, he
    said, fending off their lawsuits and collaborating with
    church officials to send them away quietly, with as little
    money as possible.

    He said he felt good about his job until one negotiating
    session with a gray-haired woman who said, through tears,
    that the molesting she suffered long ago was still causing
    her depression, marital strife and sexual problems. "You
    can't possibly understand," she insisted.

    Mr. Scamardo said he desperately wanted to tell her, "Yes,
    I do."

    Of the thousands of people who have fought the church over
    sexual abuse charges, Mr. Scamardo is the only one known to
    have fought from both sides.

    While representing the church as a trusted insider, Mr.
    Scamardo said, he was secretly struggling to cope with his
    own sexual abuse as a teenager by a priest and a lay youth
    minister. The conflict between his inner and outer selves
    brought anguish, thoughts of suicide and finally a
    confrontation with the diocese. When he sought compensation
    from the church as an abuse victim this year, he came up
    against a bishop and lawyers aggressively guarding church
    assets.

    In an interview in Houston, Mr. Scamardo provided a window
    into how church lawyers worked to deter lawsuits, minimize
    the church's payouts, limit coverage for therapy and keep
    any settlements secret.

    It was always the church, he said, that insisted on
    inserting confidentiality clauses in the settlements -
    never the victims, as many bishops have contended. He said
    that while the eruption of the scandal last year had made
    bishops more likely to express compassion toward victims,
    the church's lawyers were still playing hardball behind the
    scenes.

    And he said he was certain there were many more abusive
    priests and victims than have become public.

    Mr. Scamardo said he left his post when the dissonance
    between his past and his present became so unbearable he
    began to think of suicide. Three weeks ago, after months of
    wrangling, he signed a financial settlement with the
    Diocese of Austin, where he said the abuse occurred.

    "If they're playing the game with me like that this year,
    then nothing has changed," Mr. Scamardo said.

    Bishop Gregory M. Aymond of Austin declined to give an
    interview, but said in a statement: "I deeply regret any
    pain Mr. Scamardo may have suffered and pray that he will
    know God's healing. While we cannot change the past, the
    diocese has established extensive programs to prevent
    sexual abuse in our parishes and schools in the future."

    The statement said the diocese had paid for "extensive
    counseling for Mr. Scamardo."

    In the Diocese of Galveston-Houston, where Mr. Scamardo
    worked, Msgr. Frank H. Rossi, the chancellor who hired him,
    and Bishop Joseph A. Fiorenza declined to comment, saying
    they wanted to protect his confidentiality as a former
    employee.

    Annette Gonzales Taylor, the director of communications for
    the diocese, said that she had worked with Mr. Scamardo and
    considered him a friend but that she and others had no idea
    he was carrying such a burden until soon before he left.

    "Robert is a very good man, and he was a very valued
    employee here," she said. "We were heartbroken, devastated
    when we learned from him what had happened."

    Mr. Scamardo, 44, said he still struggled not to feel
    ashamed about what happened when he was 15 and the newly
    elected president of the Catholic Youth Organization for
    the Diocese of Austin.

    He was invited to a convention of the Texas Catholic
    Conference in San Antonio and, he said, did not raise
    questions when the Rev. Dan Delaney, director for youth
    ministry for the Austin Diocese, arranged for them to share
    a hotel room. That night, Mr. Scamardo said, he awoke to
    find Father Delaney on top of him, masturbating him. Mr.
    Scamardo said he ran into the hallway. The priest never
    mentioned the matter, he said.

    Mr. Scamardo said he soon told James Reese, the lay youth
    minister at Sacred Heart Parish in Austin, who listened
    sympathetically - then sexually abused him on several
    occasions.

    The Diocese of Austin said neither of the men accused of
    abuse was now in ministry. Reached by telephone in Houston,
    Mr. Delaney said he remembered Mr. Scamardo "vaguely."
    Asked whether he had sexually abused him, Mr. Delaney said,
    "I don't have any comment on that, thank you," and hung up.


    In a letter to Mr. Scamardo in March, Bishop Aymond wrote
    that Mr. Delaney had been laicized by the Vatican in 1987.
    Mr. Reese was enrolled as a seminarian for the Diocese of
    Austin as recently as September 2002. But he was dismissed
    immediately after Mr. Scamardo identified him as one of his
    abusers, the bishop said.

    Mr. Reese, reached by phone in Austin on Saturday, said,
    "While it may be true we did have a relationship, I don't
    think it's the way he says."

    He added of Mr. Scamardo: "I hope he heals, I really do.
    I've been praying a lot for him. But any explanation I
    might give might deter from that healing because I don't
    remember the events the way he does."

    For 27 years, Mr. Scamardo said, he went into "shutdown"
    about the abuse, telling no one else. Instead, he studied
    to be a priest at the Pontifical Gregorian University in
    Rome, but dropped out a year before ordination when he
    became aware he could never be celibate. He worked on
    Capitol Hill, married and had three children but never told
    his wife about the abuse. He went to law school, was hired
    by a firm in Houston and was headed for partner, he said.

    In 1997, Monsignor Rossi, an old seminary classmate,
    recruited him to work as general counsel in the
    Galveston-Houston diocese. Mr. Scamardo said he was
    idealistic about serving the church but blind to "something
    unhealthy" about his decision.

    Church lawyers at that time, he said, were reeling from a
    recent jury decision in Dallas to award $119.5 million to
    11 plaintiffs who had been sexually abused by a priest,
    Rudolph Kos. The lesson for the church's lawyers, Mr.
    Scamardo said, was "these are not the sort of cases you
    want to get in front of a jury."

    So, he said, he devoted about half of his time as general
    counsel to negotiating with sexual abuse victims,
    investigating their claims and finding ways to limit the
    church's liability. He estimated that he handled cases
    involving 20 to 30 victims but said he dealt only with
    those who retained lawyers and sued. There were more
    victims who contacted the chancery without intending to
    sue, he said.

    The Diocese of Galveston-Houston has not made public how
    many of its priests have been accused, said Mrs. Gonzales
    Taylor, the director of communications. Research published
    in The New York Times in January found five accused priests
    in that diocese, but Mr. Scamardo said he was aware of
    more.

    This is true for many dioceses, said some church officials
    who were unwilling to be named but who knew partial results
    of a survey the bishops have commissioned to assess the
    extent of the abuse. That report is to be released in
    February.

    Mr. Scamardo said that throughout the 1990's, Bishop
    Fiorenza consistently removed priests credibly accused of
    abuse. But, Mr. Scamardo said, the bishop told parishes
    only that priests were leaving for "personal reasons" or
    "medical leave of absence."

    "They assume that all sorts of people are going to
    fabricate claims, as if everyone wants to be known as a
    sexual abuse victim," Mr. Scamardo said.

    Most victims' cases were beyond the statute of limitations,
    so the diocese could offer little to settle a case, perhaps
    just the cost of a short course of therapy, he said. If
    that failed, he said, church lawyers would petition to have
    cases dismissed on First Amendment grounds, arguing that
    the government must not meddle in church matters.

    The settlements always had a confidentiality clause. Like
    other diocesan lawyers, Mr. Scamardo said, he often added a
    clause specifying how much the victim would have to pay the
    church for breaking confidentiality.

    The standard approach was to offer to pay only for the
    victims' counseling, and even this came with strings
    attached, he said. The diocese kept a list of preferred
    therapists and limited the number of sessions it would pay
    for. A year of counseling was considered generous, Mr.
    Scamardo said. He said he found that unfair, saying it had
    taken three years of counseling before he began to talk
    about his sexual abuse.

    And yet, by all accounts, Mr. Scamardo was an aggressive
    and successful advocate for the diocese.

    George E. Cire, a Houston lawyer who represented a family
    that sued the church in 2000, said: "Certainly he was not
    overly sympathetic to the victims. Not that he was overly
    confrontational with them, but he just didn't give in."

    "My guess is he took such a hard stance just to cover up
    any sympathy he may have been feeling for the victims," Mr.
    Cire said.

    Mr. Scamardo said his anguish built gradually. First there
    was the gray-haired woman. Then a victim he had met
    committed suicide. In June 2002, with the scandal in Boston
    propelling victims forward, Mr. Scamardo said he got an
    e-mail message from a man who said he had been abused by
    Dan Delaney - the priest in the hotel room.

    Mr. Scamardo said it dawned on him then: a man abused by a
    priest as a teenage boy had spent most of his legal career
    defending priests who abused teenage boys.

    By August 2002, Mr. Scamardo said, he was thinking about
    suicide. A victim walked out of a mediation session, and
    Mr. Scamardo said he felt "like the enemy."

    In September, he wrote long letters to Bishops Fiorenza and
    Aymond revealing his abuse. He asked Bishop Aymond to help
    pay for a month at a residential treatment center north of
    Dallas. He stayed nearly three months, which cost the
    Austin diocese $33,443.

    He went back to work, but felt awkward, he said . While he
    had been a frequent visitor to Bishop Fiorenza's office,
    now he could not get in, he said. He declared his intention
    to resign, and asked for a little time.

    Meanwhile, regarding it as a friendly negotiation, Mr.
    Scamardo wrote the bishop of Austin suggesting a settlement
    of $437,500 to cover medical bills for him and his family,
    lost income, pain and suffering.

    In a March 25 response, which Mr. Scamardo shared with The
    Times, Bishop Aymond, who began serving in Austin in 2001,
    apologized profusely and said he wanted to help. He
    reminded Mr. Scamardo that his claim was beyond the statute
    of limitations, and countered with $50,000 plus medical
    expenses for 12 months.

    Since insurance would not cover it, the bishop warned, "any
    financial settlement would be taken from the money that is
    given by the parishioners on Sunday in the collection."

    Mr. Scamardo, angry and offended, began looking for a
    lawyer. Within 10 days, the Diocese of Galveston-Houston
    hired a new general counsel. Mr. Scamardo quit in May.

    On Oct. 29, he signed a settlement with the Diocese of
    Austin for $250,000. He has opened his own law practice in
    Houston. He says he does not think he can emotionally
    handle sexual abuse cases but may serve as an expert
    witness in trials.

    He said he prayed and believed in God "more than ever." But
    the last time he went to church was on the Feast of the
    Pentecost in June. "I have a lot of grief because my whole
    belief system in the church is just gone," he said.

    Jst2

  • willyloman
    willyloman
    He said he prayed and believed in God "more than ever." But
    the last time he went to church was on the Feast of the
    Pentecost in June. "I have a lot of grief because my whole
    belief system in the church is just gone," he said.

    Wow! A lot of us can relate to THAT sentiment, eh?

  • stillajwexelder
    stillajwexelder

    powerful post indeed

  • jst2laws
    jst2laws

    Willyloman,

    my whole
    belief system in the church is just gone," he said.

    I liked that quote too, so familiar, and kept so many of us from speaking up earlier. I can relate to this person just as if he had been a JW victim. This is not unique. But the Watchtower needs exposure.

    Steve

  • imallgrowedup
    imallgrowedup
    When he sought compensation from the church as an abuse victim this year, he came up against a bishop and lawyers aggressively guarding church assets.

    The Catholic lawyers and the WTBTS lawyers must have some fascinating coffee clatches together!

    growedup

  • SheilaM
    SheilaM

    WOW I can't imagine the inner turmoil he must have gone thru. WOW

    PS hey how's the hand?

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