Latest News 2011 May 9 Years of Litigation Ends With Rejected Church Appeal in Priest Abuse Case

9 Years of Litigation Ends With Rejected Church Appeal in Priest Abuse Case

Bloomberg Business Week has reported that the Illinois Supreme Court, ending 9 years of litigation and finalizing a $5 million award for a victim, has rejected the Belleville diocese’s request for an appeal on a priest abuse case.

The Illinois Supreme Court denied the request without comment.  It is rumored that the diocese cannot afford to pay the award.

The original jury award, on behalf of alleged victim J.W., occurred in 2008.

Mike Weilmuenster, J.W.’s attorney, said that his client is “the bravest man I know.”  He also remarked that interest may be included in the award, which would swell the amount to a possible $6.3 million.

Weilmuenster said, “My hope is that they finally take care of (J.W).  This litigation has been going on for nine years and has been very tough on him, personally taxing on his family. (Wednesday's development) is a victory for all other victims of priest abuse, and I hope other victims out there get some satisfaction, some sense of closure and justice out of this.”

M.W., of Champaign, filed his suit against the diocese in 2002 in St. Clair County.  He alleged that Rev. R.K., over a five-year period during the 1970s, sexually abused him.  

The incidents of abuse numbered in the dozens.

M.W., 13 at the time, stated that the abuse occurred in Salem, Ill, in St. Theresa’s Parish.  He testified that during some of the incidents R.K. showed him a handgun and warned the boy that if he told his parents he would kill them.

The lawsuit, in also naming the diocese, was allegedly guilty of being aware of R.K.’s behavior, moving him from parish to parish, and not warning its church members.

In other failed attempts at appeal, the diocese had contended that they were not responsible to tell church members of any of their priest’s alleged sexual misconduct – and that R.K.’s were in the past and beyond the statute of limitations.

There is an exception to the statute of limitations when a diocese knowingly withholds information from its parishioners called “fraudulent concealment”.  In the case of R.K. there were several reports of his alleged child molestations made to the diocese.

The diocese’s bishop, Rev. E.B., said of the declined appeal, “The diocese continues to express regret for any instances of childhood sexual abuse by a member of its clergy.”

A diocesan review board removed R.K. from his priestly duties in 1995.  There are no criminal charges against R.K.

R.K. was not mentioned specifically by name in a letter drafted by Rev. E.B. to parishioner in 2008.  Instead, Rev. E. B. outlined for parishioners sympathy for victims of priest abuse and the cost of any payouts to the church accounts.

An excerpt of the letter reads that giving M.W. the award would, “put this horrific chapter of our history behind us, there are others who are deeply disturbed because it seems that they, who have done no wrong, are being asked to bear the burdens of the sins of others.”

Have you been the victim of sexual abuse by a priest or member of the clergy?  Monetary compensation may be awarded to you for what you were forced to endure.  Contact a personal injury lawyer as soon as possible to file your lawsuit.

Categories: Clergy Abuse

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