This is indeed a very dark and choatic time for the Dallas diocese,
however the Kos trial/verdict has left me with several questions that I'd
appreciate help with. I ask for answers to these questions, not only for
myself, but also for my non-Catholic friends, who are/will be asking me.
1. Why was this case allowed to go to trial?
2. What prevented an out of court settlement from being reached?
3. Why was it necessary for the Bishop to mention an appeal immediately
following the verdict?
4. What legal issues does the diocese hope to bring to light during an
appeal?
5. Does the diocese really believe that an appeal is in the best interests
of the Church?
6. Why won't the diocese let this disgrace end, pay the verdict, establish
a center for child abuse and child counseling, and let the healing process
begin?
7. Why did Monsignor Bell and not Bishop Grahmann issue an apology? I'm
glad someone apologized, but why not the Bishop?
8. Immedialtey after the verdict was read, why didn't Bishop Grahmann
humble himself, walk over to each plaintiff, make a sincere apology, beg
for forgiveness, and seek to contact them within the next week regarding
counseling? Marching out of the courtroom, refusing to listen to the jury's
plea, and then issuing a short statement seems inappropriate.
A life-long Catholic born and baptized here in Dallas, I'd like to give
the Bishop the benefit of the doubt. However, throughout the trial, he
appeared evasive during questioning and appeared to remain defiant to the
end.
I am certain that the Bishop is a much more compassionate man than he let
on during the trial, but the victims of Mr. Kos deserve better.
Stephen Cadigan
scad...@nospam.ix.netcom.com {remove "no spam." before replying}
The following is a copy of the headlines from this morning's the Dallas
Morning News:
http://www.dallasnews.com/metro-dfw-nf/dfw11.htm
Kos jury awards $119 million
Diocese found grossly negligent; sex abuse judgment largest of its kind
07/25/97
By Ed Housewright and Brooks Egerton / The Dallas Morning News
Jurors awarded 11 plaintiffs in a sexual-abuse civil case $119.6 million
Thursday after unanimously finding that the Dallas Catholic Diocese
committed "gross negligence" and concealed information in its handling of
former priest Rudolph "Rudy" Kos.
The verdict, which includes $18 million in punitive damages against the
diocese, is the largest judgment ever in a clergy sexual molestation case
in the country.
The diocese's attorney, Randal Mathis, vowed to appeal the verdict to the
U.S. Supreme Court, if necessary, although he told the jury, "There's
absolutely no doubt the diocese received your message very, very clearly."
Windle Turley, who represented eight of the plaintiffs during the 11-week
trial, said, "We asked this jury to speak to the world, and they have done
that."
"This verdict gives a clear voice to the conscience of our community about
the sexual abuse of children," said Sylvia Demarest, who represented the
other three plaintiffs.
In a resounding defeat for the Dallas Diocese, the jury of 10 women and two
men answered all the questions in its charge in favor of the plaintiffs.
Mr. Kos was found partly responsible for injuries to the plaintiffs, but
the jury apportioned the majority of responsibility to the diocese.
Jurors asked state District Judge Anne Ashby to read in open court a
statement in which they admonished the diocese. Noting "the child is of the
utmost importance," the jurors urged the diocese to institute stricter
rules to protect children from sexual abuse.
"Please admit your guilt and allow these young men to get on with their
lives," the jurors wrote.
The courtroom, filled with the plaintiffs, their families and friends,
erupted in a 30-second standing ovation.
Jurors expressed disappointment that Bishop Charles Grahmann, who became
head of the diocese in 1990, did not stay to hear the judge read their
statement. While they were composing it, the bishop read his own statement
in an adjoining courtroom, then left after taking no questions from
reporters.
"The Diocese of Dallas remains committed to abiding by the final outcome of
this case," said Bishop Grahmann in a prepared statement. "Even though the
judicial process will continue, we assure all victims, including the
parties in this case, that we will continue our assistance of therapy and
counseling.
"It is important for everyone to understand that the diocese is committed
to helping and healing its people."
Among the jury's findings were that the diocese committed fraud and engaged
in a conspiracy to cover up the sexual abuse. Jurors also found that sexual
abuse by Mr. Kos and the diocese's negligence were the "proximate cause" of
the suicide of a young man.
"He was murdered by the Dallas Diocese because they let Father Rudy Kos
into their little regime, and he got away with it," said Pat Lemberger of
Nacogdoches, Texas, whose 21-year-old son, Jay Lemberger, shot himself in
1992.
Mr. Mathis never questioned during the trial that Mr. Kos sexually abused
boys at All Saints Catholic Church in North Dallas, St. Luke's church in
Irving and St. John's church in Ennis from 1981 to 1992. Most of the abuse,
which began with foot massages, occurred during overnight stays in Mr. Kos'
rectory room.
But Mr. Mathis argued that the diocese should not be found liable for Mr.
Kos' behavior because it investigated suspicions about his behavior with
boys and concluded that sexual abuse was not occurring.
He also pointed out that the diocese removed Mr. Kos as soon as the first
youth complained of sexual abuse in 1992.
The 52-year-old Mr. Kos, who is a free-lance paralegal in San Diego, never
attended the trial, although he sent a letter to Bishop Grahmann last month
in which he chided the diocese for not supporting him financially and
denied the sexual abuse allegations.
Mr. Kos, who has been living under an assumed name, could not be reached
for comment Thursday evening. In a previous interview with The Dallas
Morning News, he said he had overcome his attraction to boys through
intensive therapy but couldn't discuss "which ones I had sex with."
He said he was sorry "for anything I may have done" and would say Mass
again if given the chance. At present, he is barred from performing
priestly duties.
At the beginning of the trial, Judge Ashby ruled that Mr. Kos was liable
for the abuse because he never responded to the lawsuits. He faces a
criminal trial on related charges, perhaps this year.
After the verdict, Mr. Mathis said the case is "replete with constitutional
issues." He said that most of the plaintiffs violated the statute of
limitations by filing their lawsuits too late.
Mr. Turley and Ms. Demarest expressed confidence that the verdict would be
upheld on appeal, which they said could take up to four years.
The only church official present for the jury's statement was Monsignor
John Bell, who sat at the defense table with the diocese's lawyers.
Asked afterward whether the church would admit guilt, he replied: "I don't
know how to answer that question. . . . I don't know what 'admit your
guilt' is."
The term implies criminal wrongdoing rather than the civil liability that
was at issue in the trial, he said.
As for the jury's request for policy changes to prevent further abuses, he
said that the diocese had already enacted or was in the process of
implementing them.
The jury, in answering the questions on the charge, assigned a percentage
of responsibility to the diocese for the abuse of each of the plaintiffs.
The diocese was found 80 or 85 percent liable for most of the plaintiffs,
with Mr. Kos being found liable for the remainder. The lowest percentage of
liability for the church - 50 percent - was for Jim Sibert, who lived with
Mr. Kos for three years in a rectory under the guise of being adopted.
Still, the diocese is liable for the entire jury award under the concept of
"joint and several" liability, Mr. Turley said.
Mr. Turley and the other attorneys would not discuss their own
compensation.
Plaintiffs had sought $146.5 million in actual and punitive damages.
The jury, which included two former Catholics, awarded $101.6 million in
actual damages. The damages, including punitive, will earn interest at the
rate of 10 percent a year for the four years since the first lawsuit was
filed.
The actual damages for each plaintiff were as high as $300,000 in future
medical expenses, $2 million in lost future earnings and $4.8 million in
future "mental anguish."
"I hope now the victims around the world will obtain the courage and
strength to come forward," said plaintiff Shawn Johnson, 29, of Plano, at a
news conference where plaintiffs embraced. "We know the shame, guilt and
embarrassment. But know this as well: You are not alone."
Lee Hart, 28, said he didn't think he could return to the Catholic church
"after all that came out in the trial." Most of the plaintiffs didn't know
each other before the trial but said they became close friends after they
heard - often for the first time - others' similar accounts of sexual abuse
during the trial.
Many said during the trial that they had lost their faith because of the
abuse and the way it was handled by the diocese.
"One of the deepest voids I have now is not having a spiritual outlet,"
said Mr. Hart, who now lives near Detroit. "Nothing can make up for what
happened."
The jury's verdict on actual damages was read by Judge Ashby at 1:45 p.m.
Thursday.
Jurors then heard an hour of testimony about the diocese's finances before
considering whether to award punitive damages.
After sometimes hostile questioning of the diocese's chief financial
officer, Mr. Turley told jurors that the diocese had assets of at least
$290 million, although he said it was impossible to pin down exactly how
much.
"You need to all pull together with a little more courage and do the thing
that needs to be done," Mr. Turley said in arguing for punitive damages.
"Speak to the people of Ireland, speak to Rome, speak to New York City,
speak to Seattle - wherever people are exposed to sexual abuse by pastors
or priests."
Mr. Mathis then asked, in a voice so quiet that it could barely be heard by
the packed courtroom of about 60 people, that the jury not award any
punitive damages. He disputed the asset figure given by Mr. Turley.
"As you can imagine, I really don't know what to say," Mr. Mathis said.
"Everybody here is under a great deal of strain."
Throughout the trial's often dramatic testimony, the plaintiffs' lawyers
argued that church officials ignored "a mountain of evidence" that
indicated Mr. Kos was sexually abusing boys.
The Rev. Tom Economus, who has tracked clergy-abuse cases around the
country, said the Dallas judgment is the largest of its kind. He said there
were no other verdicts or out-of-court settlements that went much beyond
$12 million.
Father Economus estimates that Catholic dioceses have paid out $650 million
in settlements since the mid-1980s, when the first such scandal hit the
courts. That case, in Lafayette, La., ended with more than $10 million in
payments and the accused priest being sent to prison.
Since then, hundreds of similar cases have come to light. Settling ones
that are still pending could easily push the payout total over $1 billion,
Father Economus said.
"Nobody ever wants to go to court," said the priest, who is active in the
breakaway Reform Catholic movement and heads a Chicago-based national
organization of clergy-abuse survivors called The Linkup. "It's the last
alternative we have."
Father Economus helped found The Linkup several years ago as he tried to
come to terms with being molested as a child by a priest at a South Dakota
boys school. A federal lawsuit against the school could come to trial in
September; the priest has since died in the crash of a small plane he was
piloting while drunk, he said.
Most such suits are settled out of court because plaintiffs' evidence is so
strong, Father Economus said. For that reason, he said, he's shocked that a
jury got to hear the Dallas case.
"I've seen a lot less messy ones and they've never made it to trial," the
priest said.
"Of the cases that have gone to trial, this really goes far beyond what
we've seen" in terms of embarrassing revelations, he said. "It shows the
entire conspiracy of the Roman Catholic Church, which goes far beyond the
Dallas Diocese."
A lawyer for Lloyd's of London, which insures the Dallas Diocese and many
others, echoed Father Economus' remarks.
"We always try to not have the cases go to trial," said the Chicago
attorney, Richard F. Johnson. "The ones that go to trial have usually ended
badly."
Mr. Johnson said he has seen a pattern of misbehavior among church
officials: "They would learn of a priest having these tendencies and
reassign him."
Thus, when further abuse occurred, "it was not something unexpected," and
insurers would refuse to pay.
Church leaders seemed far more concerned with avoiding scandal than
protecting children, he said.
"Their main concern in the earlier years was 'God forbid anyone should
know,' " Mr. Johnson said. And where dioceses have cracked down and begun
screening prospective clergymen more strictly, it's largely "because of
what they were seeing about themselves in the paper."
The plaintiffs' attorneys introduced evidence about alleged sexual abuse by
other Dallas Diocese priests during the trial.
Robert Peebles, who served with Mr. Kos at All Saints church in 1981 and
1982, has admitted in a deposition that he sexually abused seven boys.
William Hughes is accused of sexually abusing a 13-year-old girl at St.
Luke's church, shortly before Mr. Kos was transferred there in the
mid-1980s.
Mr. Turley has estimated that Mr. Kos, who plied boys with alcohol and
drugs, may have sexually abused as many as 50 boys.
Staff writers Tracy Everbach and Christine Wicker contributed to this
report.