Long Island Diocese Faces Sex Abuse Suit*

Sunday April 15, 2007 7:46 PM

By FRANK ELTMAN

Associated Press Writer

MINEOLA, N.Y. (AP) - The nation's sixth-largest Roman Catholic diocese
is headed to trial this week in a $150 million lawsuit accusing church
officials of recklessness for employing a youth minister who raped and
sodomized teenagers.

But despite its familiar scenario of youths abused by religious leaders,
this case is unique: It could be one of the few decided by a jury,
rather than a quiet, out-of-court settlement.

The U.S. Conference of Bishops estimates abuse-related costs from
lawsuits have exceeded $1.5 billion, the majority out-of-court
settlements. Many of the alleged acts took place so long ago their
statutes of limitations have expired.

Many cases are settled out of court, in part to prevent details of the
alleged abuse from going public, said Steve Rubino, a New Jersey lawyer
who has handled hundreds of church sex abuse cases.

``There is a tendency not to want to run that risk,'' Rubino said.

On Long Island, a grand jury found nearly two dozen cases of abuse going
back decades in the Diocese of Rockville Centre, the nation's sixth
largest with 1.3 million Catholics in 134 parishes.

The case with opening statements set for Monday involves Matthew
Maiello, who pleaded guilty to rape and sodomy in 2003 and served more
than two years in prison. But the real focus is St. Raphael's Church in
East Meadow, its pastor, the Rev. Thomas Haggerty, and the Diocese of
Rockville Centre.

``This is about who let the lions loose,'' said attorney Michael Dowd,
who represents two plaintiffs - a man and a woman - who claimed church
officials failed to act when confronted with reports that they were
repeatedly molested by Maiello as teenagers.

``Our allegations are that the church was not only negligent but
reckless in its handling of the employment of Maiello,'' said Dowd.
``There were warning signs ... that weren't dealt with at all by the
pastor.''

Concerns about Maiello's activities were raised at a December 1999
meeting with Haggerty, but the matter was dropped and no action taken,
the lawsuit contends.

Diocesan spokesman Sean Dolan did not return a telephone call seeking
comment. Brian Davey, an attorney representing the pastor, the parish
and the diocese, declined to comment on the lawsuit.

``We don't try our cases in the newspaper,'' he said. ``We try in them
in the courtroom.''

Although named as a defendant, Maiello's attorney, Lawrence Carra, said
his client would not contest the allegations and would abide by any verdict.

Dowd said he intends to show videos that Maiello took of his clients
having sex with each other and with him. His clients - both 15 when the
abuse began - have not been identified by The Associated Press because
they are victims of sexual assault.

The encounters took place in Maiello's office, the children's choir
room, the principal's office at the parish elementary school and in the
backstage of the auditorium where the youth group gave musical
performances, according to the lawsuit.

A Suffolk County grand jury report in early 2003 cited abuse cases
involving 23 priests in the Rockville Centre diocese over several
decades. The allegations included altar boys being groped and sodomized
during church trips, overnights at priests' homes, and many other
instances when children were left alone with their abusers.

Priests also allegedly showed pornography to youngsters and served them
alcohol. The diocese's response was to transfer priests between parishes
and to bury details of the abuse, the grand jury said.

Prosecutors said they were prevented from pursuing criminal charges
because statutes of limitations had expired long ago. Civil lawsuits
were dismissed, or never filed, for the same reason, according to
victims advocates.