$18.5 million Boy Scouts case, The Man Who Sued the Pope

$18.5 Million in Liability for Scouts in Abuse Case
By WILLIAM YARDLEY April 23, 2010 PORTLAND, Ore. — The Boy Scouts of America were ordered Friday to pay $18.5 million in a lawsuit that has focused new attention on the secret files the Scouts keep to document claims of sexual abuse by troop leaders and volunteers....In Multnomah County Circuit Court on Friday, a jury found the Scouts liable for $18.5 million in punitive damages in a case brought by a man who was sexually abused by an assistant troop leader in the early 1980s, when the man was about 12. The verdict was by far the largest ever against the Scouts in a jury trial. The jury could have ordered the Scouts to pay up to $25 million. The same jury last week awarded the man, Kerry Lewis, $1.4 million in compensatory damages....In the Oregon case, about 1,000 files, from the years 1965 to 1984, were included as evidence, though the judge, John A. Wittmayer, allowed only the jury and lawyers involved to view them.

Lawyers for Mr. Lewis, who is now 37, said in court that the files detailed many instances across the country in which troop leaders or volunteers were allowed to continue working with children even after the Scouts had received complaints that they had committed sexual abuse. “They hid the problem,” Paul Mones, a lawyer for Mr. Lewis, said in closing arguments on Thursday, “and by hiding the problem, more abuse happened.” In the Oregon case, a former assistant troop leader, Timur Dykes, had admitted to molesting Mr. Lewis. Evidence has shown that Mr. Dykes, who has since been convicted in child-molesting cases, was allowed to interact with scouts even after leaders learned he had abused children.
http://www.nytimes.com/2010/04/24/us/24scouts.html

The Man Who Sued the Pope Houston's Daniel Shea thinks Joseph Ratzinger has a lot to answer for if he'd talk. By John Nova Lomax Apr 22 2010
Five years ago, Houston attorney/theologian Daniel Shea watched the results of the papal conclave at home. Intellectually, he knew what the dirty-gray smoke puffing out of the Sistine Chapel's chimney signaled: that Cardinal Joseph Ratzinger would soon be announced as the new Supreme Pontiff of the Roman Catholic Church. Now, as the white-haired Pope battles a seemingly endless series of priestly sex scandals, Shea says he is still trying to get his head around his belief that he and his co-counsel Tahira Khan Merritt set the coronation in motion when they filed a Houston-based sex abuse lawsuit against Ratzinger. According to Shea, the cardinals elected Ratzinger Pope to give him the immunity that would enable him to avoid answering any questions concerning his knowledge about and handling of sex abuse cases in Houston's St. Francis De Sales church in the mid-1990s....

In Doe et al v. Roman Catholic Diocese of Galveston-Houston et al, Shea and Khan Merritt allege that a letter then-Cardinal Ratzinger sent to every Catholic bishop on May 18, 2001, constituted an international conspiracy to obstruct justice. This official Vatican document Ratzinger penned in his role as prefect of the Congregation for the Doctrine of the Faith dealt with official church procedure in dealing with clerical sex abuse cases. Not only did this letter contain the cardinal's current thinking on the subject, it also cited in a footnote a top-secret 1962 Vatican document Shea would eventually flush out.

This 48-year-old document, informally known as Crimen Sollicitationis, considered a smoking gun in some quarters, contains written orders from the Vatican laying bare a system for protecting child molesters. To Shea, Crimen is more than a smoking gun, it is "a nuclear bomb."

Many churchmen disagree as to the true meaning of Crimen. Still, it's easy to interpret that, taken together, Crimen and Ratzinger's letter of May 18 make it plain that Ratzinger wanted these cases handled by the Vatican and only the Vatican. According to Ratzinger's letter, the roles "of judge, promoter of justice, notary and legal representative can validly be performed for these cases only by priests." Furthermore, the letter was co-signed by Cardinal Tarcisio Bertone, who later went on the record as follows: "In my opinion, the demand that a bishop be obligated to contact the police in order to denounce a priest who has admitted the offense of pedophilia is unfounded."
The letter ordered everyone involved in these cases to keep the evidence confidential for ten years after the victims reached adulthood.
The entire proceedings were to be held under "pontifical secret," meaning those who broke the silence to outside authorities could be excommunicated.

In fact, Shea believes that what he started with the lawsuit may eventually result in the destruction of the entire Roman Catholic Church....
In response to Ratzinger's sending that letter, Shea and the Texas Secretary of State had already served his Vatican office with papers. The cardinal was scheduled to appear in federal Judge Lee Rosenthal's Houston courtroom.
What's more, the Pope would be giving his deposition to Shea, who is not just a tough plaintiff's lawyer, but also a former Catholic deacon with three postgraduate theological degrees — one of them pontifical — from the University of Louvain, one of the oldest Catholic universities in Europe.
"I don't think they were too pleased by that prospect," Shea says.

But now that he had been made Pope, it would be a cold day in hell before Joseph Ratzinger would darken the Rusk Street doorway of Rosenthal's court. As a newly minted head of state, Pope Benedict XVI was now diplomatically immune to American lawsuits. Again, Shea believes that was the whole point behind Ratzinger's election.
http://www.houstonpress.com/2010-04-22/news/the-man-who-sued-the-pope/