Media moves closer to diocese abuse files

November 5, 2005

HARTFORD - The state Supreme Court ruled Friday that news media have standing to seek secret court files that could expose how the Roman Catholic Diocese of Bridgeport hid abuse by priests.

The state's highest court overturned an Appellate Court ruling and ordered a Superior Court judge to hold hearings on whether the media and the public should be allowed to see the files, which are related to the diocese's settlement of cases of priests abusing children.

"Although the newspapers' interest in the withdrawn cases is limited in the sense that they do not have, and never have had, a stake in the outcome of those cases, they, and the public, do have a legitimate interest in the contents of the court's files," Justice Richard N. Palmer wrote for the 3-to-2 majority.

"We are reviewing today's decision carefully regarding cases which were settled fairly by a federal judge in 2001 with the agreement of all parties," Bridgeport Diocese Spokesman Joseph McAleer said. "We are determining what our options are and will decide how to respond. If it is necessary to return to the Superior Court for further proceedings, as the Supreme Court has instructed, we are prepared to go back and present to the court the important issues that remain unresolved." Jason Tremont's Bridgeport law firm Tremont and Sheldon represented more than two dozen people, who claimed they were abused as children by priests in the Bridgeport Diocese. The lawsuits resulted in more than $30 million in settlements. Tremont said Friday his firm has always supported opening the files to the public.

"We have always wanted the public to have all the information about what was going on with the case and regarding the priests," he said.

In December 1994, Superior Court Judge Bruce Levin in Bridgeport granted a diocese motion to keep the documents related to the cases secret.

The documents, include a transcript of an interview with New York Cardinal Edward Egan, then bishop of the Bridgeport Diocese, who had been accused of hiding the abuse. Similar documents made public are credited with forcing the resignation of Boston Cardinal Bernard Law.

In March 2001, the Bridgeport Diocese agreed to pay $15 million to two dozen people who claimed they were abused by priests in the 1970s and early 1980s. But while the lawsuits of those cases were withdrawn from court, the documents remained under seal.

In May 2002, Waterbury Superior Court Judge Robert McWeeny, who had been set to preside over the lawsuits if they went to trial, ordered the diocese records unsealed. He said the original order sealing the records expired when the lawsuits were withdrawn after the settlement.

The diocese appealed McWeeny's order and he, in turn, issued a sharply worded statement contending Connecticut courts have "facilitated" the secrecy surrounding the abuse by priests by sealing files over the objections of victims.

The Appellate Court called McWeeny's charge "regrettable" and totally "unsubstantiated."

"There are fundamental issues at stake here which affect the broader society. These include the legal right of every citizen to rely on the finality of settled cases; the confidentiality of detailed medical and mental health records; and the privacy rights of innocent individuals who were never sued in these particular cases," McAleer said.

"We will continue our commitment to protect children and young people by maintaining safe environments in our parishes, schools, ministries, and programs," McAleer said.

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