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Wednesday, September 29, 2010
Friday, September 24, 2010
The Pope's failings

By Mike Finnegan
This weekend CNN will air a documentary about the Pope’s involvement in clergy sexual abuse. What the Pope Knew debuts Saturday at 8 pm EST and runs again Saturday at 11 pm EST and Sunday at 8 pm and 11pm EST.
Until now most of the coverage about the Pope and his role in clergy sexual abuse has focused on individual cases. CNN’s documentary takes a much broader look at the Pope’s decisions when he was an Archbishop in Germany and when he was in charge of the Vatican’s department that was supposed to deal with clergy sexual abuse. More information about the documentary is available at CNN's belief Blog.
The Pope’s decisions and inaction in Germany and in Rome left many children at risk. Unfortunately even now as more and more about his role in clergy sexual abuse surfaces, the Pope has not taken any personal responsibility for his decisions. Rather he has issued vague apologies, most recently while he was in London. This is not enough for children in the Catholic Church and not enough to be a leader in child protection.
Surely, a person of his stature could open his heart and be an example of accountability and responsibility for his grave failings. If the Pope would take action to remove all of the priests and bishops who either molested children, or covered up for those who did, he would be celebrated for his courage and righteousness. To me, it seems an empty gesture for the leader of the Catholic Church to apologize for its transgressions, yet fail to fully expose the size and scope of the problem. Indeed, the Pope, like many in other walks of life, chooses to stonewall and obfuscate while the rest of the world watches in dismay.
On the other hand, in a true example of courage, the CNN documentary features a survivor who for decades tried to get answers and help from the Vatican. Terry Kohut was sexually abused at St. John’s School for the deaf as a child by Father Murphy and begged the Vatican to do something about Murphy. His pleas went unanswered, but he has not given up and is interviewed for the first time in the documentary.
Information about Terry’s quest against the Vatican is available at http://www.andersonadvocates.com/
Monday, September 20, 2010
Why Did the Foster Care System Fail the Children in the Care of Gregg Larsen?

By Patrick Noaker
An article in today’s Minneapolis Star Tribune about the case of Gregg Larsen and his exploitation of foster children in his care highlights how important our state and county agencies are to protecting our most vulnerable.
Much has been written about ways to protect our kids from sexual exploitation (See http://childprotectionnews.com/child-pornographers-use-kid-friendly-technologies-to-get-access-to-kids/ and http://childprotectionnews.com/how-do-we-protect-our-children-from-child-pornographers/). However, what happens to those children who have no one to watch over them. Foster children, for example. Who will talk to them about internet safety or what to do if an adult attempts to exploit them? Most of us take some comfort in knowing that there is a state and county foster care system that oversees those vulnerable foster children. Unfortunately, it appears that the system may be broken.
As is discussed in today’s article, the foster care system is far from perfect. In the case of foster parent Gregg Larsen, one of his foster kids reported to Hennepin County that Larsen had a camera installed in the bathroom. There was no follow-up on this report by Hennepin County, and consequently, Larsen recorded hours of video with this and other cameras that he then used as child pornography. Larsen is now awaiting sentencing on federal production and possession of child pornography charges that involved his foster kids as well as their friends.
What happened? Why did Hennepin County not follow-up? Is the system so broken that it is becoming a haven for child molesters and child pornographers? I sure hope not. Maybe some scrutiny through litigation might help to fix some of these holes in the foster care system.
About the author: Patrick Noaker is a Sr. Litigation Attorney with the law firm of Jeff Anderson & Associates who represents survivors of sexual abuse, exploitation and pornography.
Thursday, September 9, 2010
Protecting Websites Who Publicly Post Accurate Information Regarding Child Predators

By Patrick Noaker
One of the most effective tools in fighting child sexual abuse and protecting kids has been the internet. The internet has been a source of constant information about predators and those who protect predators. Tomorrow I will appear in court in St. Louis, Missouri to represent a website author who created a website to protect kids called http://protectkidsfromclergypredators.com/. This website contains mostly court records from a child sexual abuse lawsuit against Rev. James D. Manning . Manning settled the child sexual abuse suit out of court and then turned around and filed a lawsuit against the website claiming that it caused him emotional distress when the website made court documents available to the public. Manning does not claim that the documents that were posted were inaccurate or untrue, because they are accurate and truthful. Our involvement relates to protecting this website author’s right and responsibility to publicize truthful information about a child predator. This is a right that must be aggressively guarded because of the incredible impact these website have had on child protection.
Some of the best examples of how big of an impact websites and web presence has had on child protection are bishop-accountability.org and snapnetwork.org. Bishop-accountability.org is a website that tracks all reports of clergy sexual abuse around the world and permanently archives the news article according to the perpetrator, the perpetrator’s location and the perpetrator’s diocese or religious order. This website is close to a civil registry of known sexual abusers complete with the supporting documentation.
Snapnetwork.org is a website dedicated to supporting those who are recovering from sexual abuse. This website provides a wealth of information such as self-help books, support group meetings, how to pick a therapist as well as updates on the advocacy efforts of the group Survivors Network or those Abused by Priests (SNAP). These websites as well as many others have brought information to people who need it. They have been critical to the fight against child sexual abuse. Do you know of a website that has been especially helpful to you in the area of child protection? Leave the URL of the website in the comments for others to see and access.
About the author: Patrick Noaker is a Sr. Litigation Attorney with the law firm of Jeff Anderson & Associates who represents survivors of sexual abuse, exploitation and pornography.
Friday, September 3, 2010
From Victim to Survivor

1st Suit Accusing Ex-priest is Settled- The Indianapolis Star
By Patrick Noaker
Five years ago, John Doe RG contacted our law firm seeking help. He had been sexually abused by Fr. Harry Monroe, at the time, an unknown Catholic priest/perpetrator in Indianapolis, Indiana. RG was the first to publicly expose Fr. Monroe’s abuse and the Archdiocese of Indianapolis’ concealment of that abuse. Fourteen more boys followed in bringing lawsuits.
Last week, RG settled his lawsuit and one of the questions is whether this is the end of this chapter in his life, or just the beginning. One thing for sure is that RG cannot change the fact that he was sexually abused by his priest. He cannot change the fact that the Archdiocese of Indianapolis failed him and his family. What does he do now? This is a common experience for sexual abuse victims/survivors. There comes a time when the person moves from being a victim of sexual abuse to a place where he or she becomes a survivor of sexual abuse. Interestingly, this moment is often related to court proceedings relating to the sexual abuse. This moment is when the survivor begins to look forward in his or her life more than he or she looks backward at what happened. It is truly the beginning of recovery from the pain related to child sexual abuse.
I think that RG has come to this place. Nothing brings me more satisfaction in this cause than watching my clients make the transition from victim to survivor. I am extremely proud of RG. It is these moments that convince me that I am prospering more from this cause than anyone else.
About the Author: Patrick Noaker is the Senior Litigation Attorney at the law firm of Jeff Anderson & Associates who handles cases involving child sexual abuse, exploitation and pornography.
Wednesday, September 1, 2010
German Catholic Church’s Sex Abuse Guidelines: Progress or Posturing?

By Andy Kerns
You can’t knock progress… right? Well, the German Catholic Church has made some this week and I’ll let you be the judge. Yesterday, the Church adopted stricter guidelines for leaders to follow when reporting and handling cases of clergy sex abuse.
Since 2002, church leaders in Germany have been required to report “established” cases of child sex abuse to law enforcement, unless the victim has other wishes. You can imagine the wiggle room this allowed: not only could church leaders loosely define what constitutes an “established case” in order to suit themselves and their reputations, they could also go to work on victims and persuade them of what an ugly process would ensue if the abuse was reported.
We’ve seen that before, and it happens all the time. Our lawyers specialize in child sex abuse and they’re quite familiar with each and every angle church leaders will play. Oh how they like to play the hush hush angle. Silence serves the Church. Seems to outrageous to believe? Consider this recent case in Belgium: a victim of sex abuse recorded his conversation with Cardinal Godfried Daneels, in which Daneels said, “It would be better that you wait… I don’t know whether it would be to your advantage to make a lot of noise about it. Neither for you, nor for him.” By the way, that last bit is incredible, isn’t it? As if the victim is sitting there burdened with concern for how this may affect the man who raped him!
So, where does the German Catholic Church stand today? On semantics and a nice public relations gesture. Again, it’s hard to fault progress… but this crisis is far too deep and significant for this sort of gesture to be applauded, or even tolerated. Effective yesterday, church leaders in Germany are required to report any plausible allegation to prosecutors, unless victims request (or are persuaded to take) different action. In such cases, church leaders are still charged to weigh the victims request for silence against the potential interests of other victims.
Nice, but too much wiggle room. What’s with the half measures? What are people afraid of?
In the U.S., all church personnel have a legal and moral obligation to report. Child sex abuse is a crime – a very serious crime. There is no discussion, no weighing of anything. Emotions and reputations are of secondary concern. Even if the victims want to remain silent, when evidence prevails, sex abuse gets reported. Furthermore, any priest who has abused children is to be removed from all pastoral duties, period. In Germany, priests will only be removed from posts that involve work with children.
Again, why not go the distance with these policies? What on earth are people afraid of? I know what we are afraid of… further child sex abuse.
Thursday, August 26, 2010
Child Pornography Involves Younger and Younger Victims

By Patrick Noaker
On August 22, 2010, I wrote about misconceptions about child pornographers. Here, I write about misconceptions about victims of child pornography.
Today our law firm filed another case involving child pornography against former special education teacher Gregg Larsen. The Plaintiffs are two kids who were ages 5 and 7 when they were exploited. Some might be surprised to hear that children so young are being exploited for child pornography, but it is getting more and more common. The United States Department of Justice estimates that pornographers have recorded the abuse of more than one million children in the United States alone. The growth areas of child pornography are in younger victims and greater brutality and the number of images depicting violent abuse has risen fourfold since 2003.
According to the National Center for Missing and Exploited Children, younger and younger children are being depicted in increasingly violent images. In yesterday’s news, a Georgia man was sentenced on child porn charges involving an 18 month old child being brutalized.
This is really sick stuff.
About the author: Patrick Noaker is an attorney with the law firm of Jeff Anderson & Associates who handles cases involving child sexual abuse, exploitation and pornography.
Sunday, August 22, 2010
How Do We Protect Our Children From Child Pornographers?
By Patrick Noaker

Many people (including me before I began handling child pornography cases) have an image of who consumes child pornography. They picture a forty something year-old man in his mother’s basement at midnight. There is no question that child pornography is growing at an incredible rate and that the problem is far worse than most thought. Estimates that were made even two or three years ago have turned out to be fatally flawed as significant underestimates. This week’s news reveals that the image of the child pornography consumer is equally flawed. For example, an article in the Ball State University Daily News revealed that two 19-year old college students were arrested on child porn charges. In Houston, Texas, a Junior High teacher was arrested on child porn charges. In a Washington Post article, Federal investigators identified 20 Pentagon employees and contractors who purchased and downloaded online child pornography. Finally, on CNN.com, a former Alabama sex crimes prosecutor was arrested for child porn charges. The reality is, child pornography consumers are among us.
If child pornography is as widespread as these articles seem to indicate, how then do we protect our children from this horrible crime? Obviously this is a very complicated question. Probably the best information available on how to keep our kids safer is published by the National Center for Missing and Exploited Children.
This publication provides some very practical tips for parents and guardians to help keep our kids safer and to prevent sexual exploitation of them. Please read this publication and pass it on to your friends and community and church groups. Prevention is the best way to reduce child pornography. If you do read this publication, please leave me a comment on whether you found it to be helpful. Also let me know how your child reacted to any of the discussion points in the publication. The more we know, the better we will be at protecting our kids.
About the author: Patrick Noaker is a nationally recognized attorney with the law firm of Jeff Anderson & Associates who handles cases involving child sexual abuse, exploitation and pornography.

Many people (including me before I began handling child pornography cases) have an image of who consumes child pornography. They picture a forty something year-old man in his mother’s basement at midnight. There is no question that child pornography is growing at an incredible rate and that the problem is far worse than most thought. Estimates that were made even two or three years ago have turned out to be fatally flawed as significant underestimates. This week’s news reveals that the image of the child pornography consumer is equally flawed. For example, an article in the Ball State University Daily News revealed that two 19-year old college students were arrested on child porn charges. In Houston, Texas, a Junior High teacher was arrested on child porn charges. In a Washington Post article, Federal investigators identified 20 Pentagon employees and contractors who purchased and downloaded online child pornography. Finally, on CNN.com, a former Alabama sex crimes prosecutor was arrested for child porn charges. The reality is, child pornography consumers are among us.
If child pornography is as widespread as these articles seem to indicate, how then do we protect our children from this horrible crime? Obviously this is a very complicated question. Probably the best information available on how to keep our kids safer is published by the National Center for Missing and Exploited Children.
This publication provides some very practical tips for parents and guardians to help keep our kids safer and to prevent sexual exploitation of them. Please read this publication and pass it on to your friends and community and church groups. Prevention is the best way to reduce child pornography. If you do read this publication, please leave me a comment on whether you found it to be helpful. Also let me know how your child reacted to any of the discussion points in the publication. The more we know, the better we will be at protecting our kids.
About the author: Patrick Noaker is a nationally recognized attorney with the law firm of Jeff Anderson & Associates who handles cases involving child sexual abuse, exploitation and pornography.
Thursday, August 19, 2010
Sophisticated Porn Ring Shut Down – What About the Kids?
By Patrick Noaker
Yesterday, in Indianapolis, Indiana, two men were convicted and sentenced for their roles in creating and maintaining the child pornography website called Cache.
These arrests were a result of an international investigation that infiltrated this child pornography network . The Cache network had up to 1000 members who participated in a very sophisticated file sharing network of child pornography. Some of the pornography in Cache was created exclusively for the members. The two men received sentences of 30 years and 19 years in prison for their involvement with this website. Infiltrating and shutting down a major international child pornography network is definitely a good start, but the story does not end here. What about the children who were sexually exploited, photographed and filmed by these men? How are we going to help them?
Federal law has provisions designed to help these victims of child pornography. For example, there is the federal Masha’s law that allows a victim of child pornography to sue those who manufactured, distributed and even downloaded any images of the child from the internet. Our law firm recently brought a case under this law in Minnesota.
In addition, as part of the sentencing process in a criminal case, there is the opportunity for the victim(s) to make a claim for actual damages against the perpetrator(s). Even though this process has many challenges, with assistance of an attorney, it can still be used to get a money judgment against a child pornographer who is convicted of child pornography.
It is very important to remember that putting the child pornographers in prison is very important in our fight to combat child pornography. However, we must not forget the most important part of equation, helping the children who were exploited in order to create the child pornography.
I think that this quote says it all:
“When I was a little girl, and when I was being photographed and raped I used to try to send messages with my eyes down the lens and hoped that one day a good person might see and come to help us.”
(Letter from a child pornography victim read by Raymond C. Smith, Asst. Inspector in Charge, Child Pornography and Adult Obscenity, U.S. postal Inspection Service in testimony before Congress, April 6, 2006.)
About the Author: Patrick Noaker is an attorney with Jeff Anderson & Associates who handles cases involving child sexual abuse, exploitation and pornography.
Yesterday, in Indianapolis, Indiana, two men were convicted and sentenced for their roles in creating and maintaining the child pornography website called Cache.
These arrests were a result of an international investigation that infiltrated this child pornography network . The Cache network had up to 1000 members who participated in a very sophisticated file sharing network of child pornography. Some of the pornography in Cache was created exclusively for the members. The two men received sentences of 30 years and 19 years in prison for their involvement with this website. Infiltrating and shutting down a major international child pornography network is definitely a good start, but the story does not end here. What about the children who were sexually exploited, photographed and filmed by these men? How are we going to help them?
Federal law has provisions designed to help these victims of child pornography. For example, there is the federal Masha’s law that allows a victim of child pornography to sue those who manufactured, distributed and even downloaded any images of the child from the internet. Our law firm recently brought a case under this law in Minnesota.
In addition, as part of the sentencing process in a criminal case, there is the opportunity for the victim(s) to make a claim for actual damages against the perpetrator(s). Even though this process has many challenges, with assistance of an attorney, it can still be used to get a money judgment against a child pornographer who is convicted of child pornography.
It is very important to remember that putting the child pornographers in prison is very important in our fight to combat child pornography. However, we must not forget the most important part of equation, helping the children who were exploited in order to create the child pornography.
I think that this quote says it all:
“When I was a little girl, and when I was being photographed and raped I used to try to send messages with my eyes down the lens and hoped that one day a good person might see and come to help us.”
(Letter from a child pornography victim read by Raymond C. Smith, Asst. Inspector in Charge, Child Pornography and Adult Obscenity, U.S. postal Inspection Service in testimony before Congress, April 6, 2006.)
About the Author: Patrick Noaker is an attorney with Jeff Anderson & Associates who handles cases involving child sexual abuse, exploitation and pornography.
Seven Victims Come Forward After News of Vatican Cover-up in April

By Andy Kerns
It’s working. This is exactly what needs to happen when survivors find the courage to come forward -- more must follow. This is the only path to achieving mass shifts in the way child sex abuse cases are handled and the way institutional corruption is punished. The emergence of seven new victims of serial rapist Father Stephen Kiesle is a tragic yet indicative example of how this process works and we applaud them all for their courage. We also applaud those who came before and inspired these new victims to speak up.
If you’re unfamiliar with the Kiesle case, it is a hallmark of Vatican sex abuse cover-up. Maybe you’ve stayed connected with this broader story of the Church and its sex abuse scandals over the years, and you’ve believed accounts of Vatican officials and bishops acting recklessly and inappropriately -- but if you’re like most people, you’ve probably never seen any direct evidence. That’s about to change. Take a look at this translation of a letter written by Cardinal Joseph Ratzinger, now Pope Benedict XVI. It’s as strikingly pure an expression of corrupt and selfish motives as you’ll ever find, and if any one line sums this whole catastrophe up, it’s this one, penned by Ratzinger: “This court, although it regards the arguments presented in favour of removal in this case to be of grave significance, nevertheless deems it necessary to consider the good of the Universal Church…”
Tell everyone you know.
Tuesday, August 17, 2010
Unrestricted Priest Webmaster Arrested for Child Porn
By Patrick Noaker
Bishop Callahan speaking to the parish of Fr. Patrick Umberger after Umberger’s arrest for possessing child pornography,
This is a particularly sad story. A little over a year ago, Fr. Patrick Umberger of the Diocese of LaCrosse was kicked out of Noah’s Ark Water Park in Lake Delton, Wisconsin for following young boys to the bathroom. When water park personnel observed Fr. Umberger follow the boys into the bathroom, they called the police and revoked his season pass. Two days ago, it was revealed that the Diocese of LaCrosse knew about this incident, but never restricted Fr. Umberger’s involvement with kids.
Instead, the Diocese allowed Fr. Umberger to continue as a pastor of a church, teach at the parish school, serve as a chaplain at a middle school and function as the webmaster for the Diocese of LaCrosse and Pacelli High School in Stevens Point, WI.
Recently, Fr. Umberger was arrested and charged with possessing child pornography, when images of children were found on his computer and when Umberger admitted to being attracted to boys who were 12 to 15 years old. In response to the arrest and criminal charges, the Diocese of LaCrosse stripped Umberger’s duties “to protect all parties involved.” “The diocese cautioned the move should not be taken as a sign of Umberger’s guilt or innocence.”
Shame on Fr. Umberger for fueling an industry that is based on the sexual exploitation of children. Double shame on the Diocese of LaCrosse for allowing him to do so. Shouldn’t the Diocese protect the children who were sexually victimized in order to make those pornographic images as much as they protected Fr. Umberger?
About the author: Patrick Noaker is an attorney with Jeff Anderson & Associates who handles cases involving child sexual abuse, exploitation and pornography.
Bishop Callahan speaking to the parish of Fr. Patrick Umberger after Umberger’s arrest for possessing child pornography, This is a particularly sad story. A little over a year ago, Fr. Patrick Umberger of the Diocese of LaCrosse was kicked out of Noah’s Ark Water Park in Lake Delton, Wisconsin for following young boys to the bathroom. When water park personnel observed Fr. Umberger follow the boys into the bathroom, they called the police and revoked his season pass. Two days ago, it was revealed that the Diocese of LaCrosse knew about this incident, but never restricted Fr. Umberger’s involvement with kids.
Instead, the Diocese allowed Fr. Umberger to continue as a pastor of a church, teach at the parish school, serve as a chaplain at a middle school and function as the webmaster for the Diocese of LaCrosse and Pacelli High School in Stevens Point, WI.
Recently, Fr. Umberger was arrested and charged with possessing child pornography, when images of children were found on his computer and when Umberger admitted to being attracted to boys who were 12 to 15 years old. In response to the arrest and criminal charges, the Diocese of LaCrosse stripped Umberger’s duties “to protect all parties involved.” “The diocese cautioned the move should not be taken as a sign of Umberger’s guilt or innocence.”
Shame on Fr. Umberger for fueling an industry that is based on the sexual exploitation of children. Double shame on the Diocese of LaCrosse for allowing him to do so. Shouldn’t the Diocese protect the children who were sexually victimized in order to make those pornographic images as much as they protected Fr. Umberger?
About the author: Patrick Noaker is an attorney with Jeff Anderson & Associates who handles cases involving child sexual abuse, exploitation and pornography.
Concealment of Clergy Sex Abuse Lands Irish Bishops with “Revised Responsibilities”
By Andy Kerns
Pope Benedict XVI has decided not to accept the resignations of auxiliary bishops Raymond Field and Eamonn Walsh of Dublin. Field and Walsh submitted letters of resignation last December in the wake of the Murphy Report , an investigative summary that revealed a culture of cover-up surrounding rampant clergy sex abuse in Ireland. Auxiliary bishops Field and Walsh resigned just 24 hours after having their competence directly and publicly questioned by their superior, Archbishop Diarmuid Martin.
Archbishop Martin says the two men are now to be assigned “revised responsibilities.” This sounds familiar, does it not? Revise, reposition, rearrange – as long as no direct responsibility is taken for explicit failure, it’s par for the Curial course. Only in the Catholic Church does the concealment of criminals and criminal, psychopathic behavior land someone with “revised responsibilities.”
A quick survey of public reaction to this issue shows that very few people would care if these auxiliary bishops were let go. And let me emphasize, they themselves offered to leave their positions. Sure, it was likely a reluctant move, but does that deplete it of fidelity or integrity?
What’s astonishing is the continued arrogance of Church officials who protect insiders and blatantly defy the wishes of all others concerned. And what of the others who should be heard the loudest and clearest? Haven’t the victims themselves requested the resignation of all men in governance of the archdiocese when abuse was concealed? A minor detail, I suppose.
The fear, of course, is of a domino effect. Pope Benedict XVI and other leaders are afraid that if everyone who is responsible has to fully and appropriately accept responsibility, the Church could not bear the weight of such consequences. Maybe it could, maybe it couldn’t. Either way, “fearfully” is no way to run a religious organization.
Pope Benedict XVI has decided not to accept the resignations of auxiliary bishops Raymond Field and Eamonn Walsh of Dublin. Field and Walsh submitted letters of resignation last December in the wake of the Murphy Report , an investigative summary that revealed a culture of cover-up surrounding rampant clergy sex abuse in Ireland. Auxiliary bishops Field and Walsh resigned just 24 hours after having their competence directly and publicly questioned by their superior, Archbishop Diarmuid Martin.
Archbishop Martin says the two men are now to be assigned “revised responsibilities.” This sounds familiar, does it not? Revise, reposition, rearrange – as long as no direct responsibility is taken for explicit failure, it’s par for the Curial course. Only in the Catholic Church does the concealment of criminals and criminal, psychopathic behavior land someone with “revised responsibilities.”
A quick survey of public reaction to this issue shows that very few people would care if these auxiliary bishops were let go. And let me emphasize, they themselves offered to leave their positions. Sure, it was likely a reluctant move, but does that deplete it of fidelity or integrity?
What’s astonishing is the continued arrogance of Church officials who protect insiders and blatantly defy the wishes of all others concerned. And what of the others who should be heard the loudest and clearest? Haven’t the victims themselves requested the resignation of all men in governance of the archdiocese when abuse was concealed? A minor detail, I suppose.
The fear, of course, is of a domino effect. Pope Benedict XVI and other leaders are afraid that if everyone who is responsible has to fully and appropriately accept responsibility, the Church could not bear the weight of such consequences. Maybe it could, maybe it couldn’t. Either way, “fearfully” is no way to run a religious organization.
Monday, August 16, 2010
Detecting Child Pornography
By Patrick Noaker
A recent case in Kansas City, Missouri exhibits just how important constant vigilance by everyone of the signs of child pornography is in combating this tragic problem. In the Kansas City case, two workers went to the house of Richard Volberding to fix his water heater. While in Volberding’s house, the workers noticed images of what appeared to be naked children on Volberding’s computer. The workers called the police who got a search warrant and seized multiple computers containing thousands of images of child pornography. Recently, Volberding pled guilty to multiple counts of possession of child pornography.
Child pornography is a major problem in the United States. The Center for Missing and Exploited Children’s CyberTipline has received over 800,000 reports of child pornography since its inception in 1998. This problem is huge. That is why we all must participate in detecting and reporting possible incidents of child exploitation and pornography. If you are in the home repair or remodeling business, do what the workers did in the Volberding case and report anything suspicious that you observe. If you are in the electronics repair business, report any suspicious files that you observe on a computer or a camera. If we all pitch in, we can make great progress in detecting and ultimately preventing child pornography.
About the author: Patrick Noaker is an attorney with Jeff Anderson & Associates who represents victims of child sexual abuse, exploitation and pornography.
A recent case in Kansas City, Missouri exhibits just how important constant vigilance by everyone of the signs of child pornography is in combating this tragic problem. In the Kansas City case, two workers went to the house of Richard Volberding to fix his water heater. While in Volberding’s house, the workers noticed images of what appeared to be naked children on Volberding’s computer. The workers called the police who got a search warrant and seized multiple computers containing thousands of images of child pornography. Recently, Volberding pled guilty to multiple counts of possession of child pornography.
Child pornography is a major problem in the United States. The Center for Missing and Exploited Children’s CyberTipline has received over 800,000 reports of child pornography since its inception in 1998. This problem is huge. That is why we all must participate in detecting and reporting possible incidents of child exploitation and pornography. If you are in the home repair or remodeling business, do what the workers did in the Volberding case and report anything suspicious that you observe. If you are in the electronics repair business, report any suspicious files that you observe on a computer or a camera. If we all pitch in, we can make great progress in detecting and ultimately preventing child pornography.
About the author: Patrick Noaker is an attorney with Jeff Anderson & Associates who represents victims of child sexual abuse, exploitation and pornography.
Tuesday, August 10, 2010
Dismissal of Kentucky case has no bearing on Oregon case

The fact that attorney William McMurry decided to dismiss claims against the Vatican -- thereby abandoning the lawsuit he filed six years ago on behalf of plaintiffs in Kentucky – has no bearing on our Oregon case against the Vatican. Our courageous client is determined to move forward to expose the Vatican’s role in concealing child sex abuse and we have the resolve and the resources to support that mission.
One reason McMurry cited for dismissing the claims is that he was unable to find new victims who have not yet settled with the Church. We have not found that to be true. In fact, we receive numerous calls on a daily basis from survivors across the country and throughout the world. There are likely thousands of survivors of clergy sex abuse who have yet to break their silence. As always, we encourage survivors to come forward and seek justice. In the meantime, in honor of all survivors, we promise to push forward with our case against the Vatican and face any challenge.
Statements made by Jeffrey Lena, the attorney representing the Vatican, are very misleading. Lena claims that this recent development somehow confirms that there has never been a Holy See policy requiring concealment of child sex abuse. How could that possibly be confirmed or denied if the Kentucky case never went to discovery, no Vatican officials were deposed, and no documents were turned over?
We are more determined than ever to prove that Church officials did in fact conceal abuse, and thanks to a recent Supreme Court ruling that allows our Oregon case to proceed, we can now move forward into the crucial phase of discovery. We are optimistic about the future and determined to see our case through.
Wednesday, July 28, 2010
Child sexual abuse lawsuit against Gerald Derstine
By Sarah Odegaard
Today we are filing a lawsuit against an internationally known religious leader, Gerald Derstine, for sexually abusing a girl when she was an 11 years old. Derstine is the founder and chairman of the board of Gospel Crusade, Inc. and Gospel Crusade Ministerial Fellowship based in Bradenton, Florida. The abuse happened at Gospel Crusade’s Strawberry Lake Retreat in Northern Minnesota between 2007 and 2009. Our client is now only 14 years old. Our suit also names Gospel Crusade, Inc. and Gospel Crusade Ministerial Fellowship, who employed Destine, gave him access to kids, and failed to keep kids safe, including our client. Gospel Crusade is responsible for Derstine because he is their leader and their employer. Derstine is a child predator and a pedophile, and a leader of a church. This is always a dangerous equation. By bringing this suit, we hope to expose Derstine, and hold Derstine and the Gospel Crusade ministries responsible. We also want to make sure if there are any other survivors who were abused by Derstine that they feel that they are not alone and may be able to come forward to seek healing. We also aim to prevent future harm to kids by bringing this suit. In a story in today’s Star Tribune, Derstine denies abusing our client, saying there was “nothing sexual whatsoever.” In documents we are releasing today, Derstine admits to abusing our minor client here in a taped telephone call by police. In a letter authored by Derstine to our client and her mother, here, Derstine begs for forgiveness for his inappropriate intimacy with our client, and pleads with her and her mother to cancel the ongoing criminal investigation, even offering to compensate them for their costs. Otherwise, he writes, he could be thrown in jail and convicted by an “unchristian” jury. Derstine also writes that “if they continue and decide to have me arrested and put in jail, this would put an end to my ministry and give a bad reputation to Strawberry Lake Christian Retreat and probably cause that place to close down.” Once again, a church is much more concerned with their image than with the protection and safety of children. This evil pedophile and the church that protected him need to be held responsible for harming an innocent child.
Today we are filing a lawsuit against an internationally known religious leader, Gerald Derstine, for sexually abusing a girl when she was an 11 years old. Derstine is the founder and chairman of the board of Gospel Crusade, Inc. and Gospel Crusade Ministerial Fellowship based in Bradenton, Florida. The abuse happened at Gospel Crusade’s Strawberry Lake Retreat in Northern Minnesota between 2007 and 2009. Our client is now only 14 years old. Our suit also names Gospel Crusade, Inc. and Gospel Crusade Ministerial Fellowship, who employed Destine, gave him access to kids, and failed to keep kids safe, including our client. Gospel Crusade is responsible for Derstine because he is their leader and their employer. Derstine is a child predator and a pedophile, and a leader of a church. This is always a dangerous equation. By bringing this suit, we hope to expose Derstine, and hold Derstine and the Gospel Crusade ministries responsible. We also want to make sure if there are any other survivors who were abused by Derstine that they feel that they are not alone and may be able to come forward to seek healing. We also aim to prevent future harm to kids by bringing this suit. In a story in today’s Star Tribune, Derstine denies abusing our client, saying there was “nothing sexual whatsoever.” In documents we are releasing today, Derstine admits to abusing our minor client here in a taped telephone call by police. In a letter authored by Derstine to our client and her mother, here, Derstine begs for forgiveness for his inappropriate intimacy with our client, and pleads with her and her mother to cancel the ongoing criminal investigation, even offering to compensate them for their costs. Otherwise, he writes, he could be thrown in jail and convicted by an “unchristian” jury. Derstine also writes that “if they continue and decide to have me arrested and put in jail, this would put an end to my ministry and give a bad reputation to Strawberry Lake Christian Retreat and probably cause that place to close down.” Once again, a church is much more concerned with their image than with the protection and safety of children. This evil pedophile and the church that protected him need to be held responsible for harming an innocent child.
Thursday, July 1, 2010
Wednesday, June 30, 2010
"Trust Us"

By Patrick Noaker
We seem to hear “trust us” a lot from religious institutions when it comes to the handling of the sexual abuse crisis. The lawsuits filed today seem to add to the growing mountain of evidence casting doubt on the trustworthiness of the Archdiocese of St. Paul and Minneapolis.
For starters, it is difficult to trust any organization that intimidates children into not reporting sexual abuse. In the case that was filed today in St. Paul, MN against the Archdiocese of St. Paul and Minneapolis, one of the Plaintiffs actually reported that Fr. Thomas Stitts was having sexual contact with him to his grade school principal. In response, the kid was called deranged and mentally unstable for making such an outrageous claim against the good father. This is the seventh known case against Fr. Stitts.
In addition, it is difficult to trust any organization that admits that they have 33 child molesters as current or former employees, but refuses to provide the identities of any of them.
So far, I am not seeing a lot to trust.
Video from press conference here
2 More Men Claim Abuse by St. Paul Priest - Star Tribune 6/29/10 for more on this story click here
Two More Men Sue Archdiocese Over Alleged Abuse by Hastings Priest – Pioneer Press 6/29/10 for more on this story click here
Monday, June 28, 2010
U.S. Supreme Court Denies Vatican’s Request, Allows Case to Proceed

Like it or not, the Holy See and Church leaders will now be forced to answer to the judicial branch of the United States Government. In an historic decision made public today, the U.S. Supreme Court rejected the Vatican’s petition to hear the case of John V. Doe versus Holy See, and thereby ruled that the case proceed in federal district court.
This is a major legal breakthrough for advocates nationwide, but more important, a validation of the courage and conviction demonstrated by survivors of sexual abuse throughout the world. We applaud these survivors, bow in deep admiration to their character, and celebrate with them this monumental step in the course of a long, painful journey.
What we seek is simple: truth and accountability. Truth will manifest when the Vatican releases files kept on all sexually abusive priests. Accountability will manifest when all clergy who have committed crimes against children have been removed from duty. These are grand expectations to have of an institution so steeped in secrecy and denial, we know. But thanks to this heroic decision by Supreme Court Justices -- to let the case proceed – our mission is now empowered by the most progressive and righteous justice system in the world. The tides have turned and the truth will be delivered.
Wednesday, June 23, 2010
Jeff Anderson: “It is time for accountability…”
By Jeff Anderson
In 1994 Pope John Paul II told the world that Marcial Maciel was an efficacious guide to youth. That means you can follow him, you can believe in him, you can trust him. Pope John Paul II, along with many Vatican officials, knew that was a lie.
This is a tragedy beyond comprehension and it unfolds as we speak. Maciel was a bigamist, a pedophile, a pansexual addict, a dope fiend, and a cult-like leader with more than 200 victims spanning four decades of abuse.
Maciel was sick and unable to control himself, yet his crimes were made known to high Vatican officials. We can explain Maciel’s conduct because he was a very sick predator. But how can the Vatican and the heads of the Legion of Christ explain their failure to act? This lawsuit is designed to get the truth out and to get those kinds of questions answered.
It is time for accountability and it is time for transparency and it is time for change. It is time for the Legion and those in control to deal with the sins of the past and the crimes they have permitted in this case. The question we want to have answered in court and to the public is this: how could the Legion and high Vatican officials allow such a dangerous predator to roam the landscape and the globe under the Collar given him and never once do anything to protect the kids?
The Vatican has chosen not to share their secrets with the public and until they do – until they become transparent the way Raul is today and courageous the way Raul is today – these crimes and crimes like it will continue.
In 1994 Pope John Paul II told the world that Marcial Maciel was an efficacious guide to youth. That means you can follow him, you can believe in him, you can trust him. Pope John Paul II, along with many Vatican officials, knew that was a lie.
This is a tragedy beyond comprehension and it unfolds as we speak. Maciel was a bigamist, a pedophile, a pansexual addict, a dope fiend, and a cult-like leader with more than 200 victims spanning four decades of abuse.
Maciel was sick and unable to control himself, yet his crimes were made known to high Vatican officials. We can explain Maciel’s conduct because he was a very sick predator. But how can the Vatican and the heads of the Legion of Christ explain their failure to act? This lawsuit is designed to get the truth out and to get those kinds of questions answered.
It is time for accountability and it is time for transparency and it is time for change. It is time for the Legion and those in control to deal with the sins of the past and the crimes they have permitted in this case. The question we want to have answered in court and to the public is this: how could the Legion and high Vatican officials allow such a dangerous predator to roam the landscape and the globe under the Collar given him and never once do anything to protect the kids?
The Vatican has chosen not to share their secrets with the public and until they do – until they become transparent the way Raul is today and courageous the way Raul is today – these crimes and crimes like it will continue.
Wednesday, May 26, 2010
Child Porn Initiative Launches Today
Just hours ago we launched a national child porn initiative sure to be marked with the same commitment and vigor demonstrated in our decades-long crusade against clergy sex abuse. No child protection effort is complete without a focus on child pornography (in the U.S. alone there are more than 1 million child victims), and we now have the legal and technological capabilities to pursue great numbers of perpetrators nationwide.
The foundation of our initiative is built on Masha’s Law, a federal statute that gives children the right to sue anyone who produces, distributes, or possesses their pornographic images for damages of no less than $150,000 per download. Masha’s Law was enhanced by Congress in 2006 to encourage civil litigation. Last year, there were 85,000 reports of child pornography and Federal prosecutors were only able to prosecute about 1,400 cases. Masha’s Law will bridge that gap. We will bridge that gap.
Our initiative begins with a filing against Gregg Alan Larsen. Larsen is a former Special Education teacher at St. Paul Central HS who allegedly used a hidden camera to film children in the bathroom of his foster home. When authorities confiscated Larsen’s hard drives they found more than 100,000 images and videos of children engaged in sexual conduct.
What’s unique about the case filed against Larsen is that we named 100 defendants in addition to Larsen, all of whom downloaded child pornography from Larsen’s hard drives. The production and consumption of child pornography is rarely a solitary act. There are vast communities engaged in file sharing and every single person involved leaves a distinct electronic trail. Perpetrators have been using the power of the internet to exploit children and now we’re using that same power to detect, expose, and prosecute them. The message is simple: if you even dare to look, you will be caught.
Below is a Statement by Sgt. Bill Haider on the Child Porn Initiative
The foundation of our initiative is built on Masha’s Law, a federal statute that gives children the right to sue anyone who produces, distributes, or possesses their pornographic images for damages of no less than $150,000 per download. Masha’s Law was enhanced by Congress in 2006 to encourage civil litigation. Last year, there were 85,000 reports of child pornography and Federal prosecutors were only able to prosecute about 1,400 cases. Masha’s Law will bridge that gap. We will bridge that gap.
Our initiative begins with a filing against Gregg Alan Larsen. Larsen is a former Special Education teacher at St. Paul Central HS who allegedly used a hidden camera to film children in the bathroom of his foster home. When authorities confiscated Larsen’s hard drives they found more than 100,000 images and videos of children engaged in sexual conduct.
What’s unique about the case filed against Larsen is that we named 100 defendants in addition to Larsen, all of whom downloaded child pornography from Larsen’s hard drives. The production and consumption of child pornography is rarely a solitary act. There are vast communities engaged in file sharing and every single person involved leaves a distinct electronic trail. Perpetrators have been using the power of the internet to exploit children and now we’re using that same power to detect, expose, and prosecute them. The message is simple: if you even dare to look, you will be caught.
Below is a Statement by Sgt. Bill Haider on the Child Porn Initiative
The Dark Path of Bro. Raimond Rose

By Patrick Noaker
Just how serious is the situation of Bro. Raimond Rose sexually molesting students? So far, 19 former students of Bro. Rose have reported that they have been sexually abused by Bro. Rose. These students go as far back as 1966 at DeLaSalle High School in Minneapolis, continuing to Cretin High School in St. Paul, then to the Dunrovin Retreat Center, Pacelli High School in Stevens Point Wisconsin, Shanley High School in Fargo North Dakota, DeLaSalle High School in Concord California and then to the Minnesota Department of Corrections Juvenile Detention Facility in Red Wing Minnesota.
Yesterday, I joined with another courageous former Shanley student in filing the 19th lawsuit involving Bro. Rose. In this case, in what has turned out to be foreshadowing of sorts, Bro. Rose took Shanley student Kevin Price to visit juvenile detention facilities in Western North Dakota. During these trips Bro. Rose sexually abused Kevin after getting him intoxicated. We now know that a few years later, after multiple reports of sexual abuse of students, the Christian Brothers allowed Bro. Rose to work in juvenile detention facilities where he sexually abused the kids there. It is difficult to believe that there wasn’t a very calculated and sinister aspect of Bro. Rose seeking work in juvenile detention facilities as far back as the late 1970’s when he visited some facilities with Kevin Price. This is a very dark path for a very dark perpetrator working for a very dark religious order. Will Minnesota, Wisconsin, North Dakota and California ever recover from the wide swath cut by Bro. Rose and the Christian Brothers? How many more were sexually abused who have not come forward? What can these communities do to recover from the widespread sexual abuse of their children?
Click here for story.
Wednesday, May 19, 2010
Broken Agreement

In 2002, an agreement was made. After years of disgraceful cover-ups, leaders of the Benedictine monks at St. John's acknowledged the abuse perpetrated by their clergymen, made financial amends with victims, and agreed to change. A precise plan was forged; one that demanded transparency and accountability. Specifically, it demanded that abusive monks were to live carefully restricted lives away from children.
Sadly, just one year after the agreement, leaders of the Benedictine monks set loose Father Francisco Schulte -- a premeditative pedophile with a history of recruiting his victims on an international level. Until very recently, Father Francisco Schulte lived unrestricted in Rome, with access to unsuspecting parents and children. He wore a collar that reflects trustworthiness and safety, and wore it in front of children.
Protection of children is a fundamental duty. There is no debate here. It is disappointing that a profound opportunity for redemption was squandered but even more unfortunate is the fact that Father Schulte's religious superiors failed to keep him away from children.
Thursday, May 13, 2010
Courageous Client

By Patrick Noaker
The article in the Indianapolis Star about my client who forced the Archdiocese of Indianapolis to settle his sexual abuse claims leads me to appreciate just how courageous this man is. This man was willing to file his claim against the Archdiocese when only one other lawsuit involving Fr. Monroe was known. This man was willing to file a lawsuit against an Archdiocese that had never lost a case involving childhood sexual abuse and never paid a single judgment. Why? Because this young man never cared about the money. He just wanted the Archdiocese to “quit protecting priests who are guilty.”
What got lost in the shuffle are the real reforms that this young man demanded of the Archdiocese. Specifically, the following reforms were demanded and agreed to by the Archdiocese:
(a) A public apology for what happened with Fr. Monroe;
(b) Educate children within the Archdiocese on safe touch, signs of child sexual abuse, what to do if a child suspects a friend of being sexually abused, and what to do if the child is being sexually abused;
(c) Educate all employees and volunteers within the Archdiocese of Indianapolis and within any church located within the geographic boundary of the Archdiocese of Indianapolis on signs of child sexual abuse and what to do if the adult suspects a child is being sexually abused;
(d) Adopt a clear policy within the Archdiocese that prohibits priests from taking overnight trips with any child;
(e) Adopt a clear policy within the Archdiocese that prohibits priests from having a child or children in his automobile;
(f) Adopt a clear policy that requires all priests or other Archdiocese or individual parish personnel, both employees and volunteers, to contact law enforcement when suspected child sexual abuse is reported;
(g) Pursue laiticiation (defrocking) of Fr. Monroe so that Fr. Monroe cannot
seek to be a priest in any other diocese.
As you can see, this was never about the money. What do you think about these reforms? Please comment.
http://www.indystar.com/article/20100513/LIVING09/5130417/Abuse-victim-gets-199K-from-archdiocese
Wednesday, May 12, 2010
Serial Pedophiles are More Dangerous When Their Employers Protect Them

By Patrick Noaker
Serial pedophiles are very dangerous monsters. We all do our best to protect ourselves and our children from these very dangerous men and women. We have a criminal justice system that prosecutes them and puts them in jail. When they get out of jail, they are forced to register as sex offenders so that they can be monitored and avoided. What really throws a wrench in the gears of this system is when an employer protects these serial pedophiles and moves them to different states before criminal investigators can complete their investigations and seek criminal charges.
Yesterday’s filing of a fraud lawsuit in Stevens Point, Wisconsin is just one of those circumstances. Serial pedophile Bro. Raimond Rose has been involved in 17 lawsuits to date, with more likely. One look at Bro. Rose’s work history reveals that he worked about 1 – 2 years at each school and assignment. Over his career, Bro. Rose was assigned to approximately 20 different posts in 8 different states (Minnesota, Louisiana, Wisconsin, New Mexico, New York, North Dakota, California and Illinois). Our investigation reveals that there were a number of reports of sexual abuse involving Bro. Rose in a number of these assignments and states. You make the call, did the Christian Brothers protect Bro. Rose by moving him from state to state to avoid criminal charges? Why would a religious order whose mission is to run schools be willing to protect a pedophile? Please comment and let us know what you think.
Alleged Pacelli priest abuse-News Line 9 video
Former Pacelli student files lawsuit alleging abuse
Wis man: Catholic school enabled pedophile teacher
Wednesday, May 5, 2010
Just How Dangerous Is Bro. Raimond Rose?

Today's lawsuit filed in Fargo, North Dakota is an unfortunate example of just how dangerous Bro. Raimond Rose really is. The boy involved in today's suit was not even a student at Shanley High School. He was the little brother of a Shanley Student who was introduced to Rose by his older brother who was a student at Shanley. Sexual predators commonly develop a ring of kids who they abuse and who they use to make contacts with other kids who they abuse and who they use to make even more contacts, and so on. As you can see, when a predator uses this approach, the number of victims increases exponentially and becomes very large, very fast. What starts out as a group of 4 students at Shanley turns into 8 more kids and then 16, 32, . . . As can be seen by this lawsuit, Bro. Rose used this method of developing prospective victims. One must wonder just how many more victims there are out there living in secrecy, silence and shame.
Currently, Bro. Rose is living in a Christian Brothers apartment in Chicago in a residential neighborhood right beside a Christian Brothers high school. This lawsuit proves just how easily Bro. Rose recruits prospective victims outside of the school setting. What do you think? Should Bro. Rose be forced into some residential setting where he is supervised 24/7? Contact the Bro. Frank Carr, Brothers of the Christian Schools - Midwest Province 603-323-2725 and demand that Bro. Rose be forced to live in a supervised residential facility where he cannot gain access to more kids.
Go to AndersonAdvocates.com to view the complaint
Thursday, April 29, 2010
A Frenzied Pace for Lawyer Behind Vatican Suits

ST. PAUL — Jeffrey R. Anderson, the lawyer whose pursuit of the Roman Catholic Church has been perhaps the loudest, is the center of his own tornado. As employees race in and out of his ornate offices, Mr. Anderson is planning a news conference in Los Angeles about an abusive priest, answering calls from the family of a victim of another from Florida, and preparing a lawsuit in Milwaukee naming the Vatican and the pope as defendants. And this is only a Monday.
Friday, April 9, 2010
Pope Benedict Chooses to Avoid Scandal Over Protecting Children - Documents

By Patrick Noaker
Here are the facts:
• Fr. Stephen Kiesle is criminally convicted for molesting numerous parish boys;
• The Bishop of Oakland, California requests to Cardinal Ratzinger that Fr. Kiesle be laicized (defrocked) because he is dangerous to kids;
• Fr. Kiesle himself requests that he be laicized and relieved of his duties as a priest – specifically celibacy.
Then Cardinal Ratzinger, now Pope Benedict, refuses to laicize Fr. Kiesle. According to secret documents signed by then Cardinal Ratzinger, laicizing Fr. Kiesle could compromise the good of the Universal Church and be a detriment to the community of faithful.
See the documents to and from then Cardinal Ratzinger and the BBC translation of the document written from Cardinal Ratzinger in Latin.
Am I missing something? Getting rid of a dangerous convicted child molester can compromise the good of the Universal church? This is just one example of how then Cardinal Ratzinger, now Pope Benedict, chose to avoid scandal in the church over protecting kids. What do you think of this logic?
AP EXCLUSIVE: Letter shows future Pope Benedict resisted defrocking molester priest
By GILLIAN FLACCUS , Associated Press
Last update: April 9, 2010 - 2:58 PM
LOS ANGELES - The future Pope Benedict XVI resisted pleas to defrock a California priest with a record of sexually molesting children, citing concerns including "the good of the universal church," according to a 1985 letter bearing his signature.
The correspondence, obtained by The Associated Press, is the strongest challenge yet to the Vatican's insistence that Benedict played no role in blocking the removal of pedophile priests during his years as head of the Catholic Church's doctrinal watchdog office.
The letter, signed by then-Cardinal Joseph Ratzinger, was typed in Latin and is part of years of correspondence between the Diocese of Oakland and the Vatican about the proposed defrocking of the Rev. Stephen Kiesle.
The Vatican refused to comment on the contents of the letter Friday, but a spokesman confirmed it bore Ratzinger's signature.
"The press office doesn't believe it is necessary to respond to every single document taken out of context regarding particular legal situations," the Rev. Federico Lombardi said. "It is not strange that there are single documents which have Cardinal Ratzinger's signature."
The diocese recommended removing Kiesle (KEEZ'-lee) from the priesthood in 1981, the year Ratzinger was appointed to head the Vatican office that shared responsibility for disciplining abusive priests.
The case then languished for four years at the Vatican before Ratzinger finally wrote to Oakland Bishop John Cummins. It was two more years before Kiesle was removed; during that time he continued to do volunteer work with children through the church.
In the November 1985 letter, Ratzinger says the arguments for removing Kiesle are of "grave significance" but added that such actions required very careful review and more time. He also urged the bishop to provide Kiesle with "as much paternal care as possible" while awaiting the decision, according to a translation for AP by Professor Thomas Habinek, chairman of the University of Southern California Classics Department.
But the future pope also noted that any decision to defrock Kiesle must take into account the "good of the universal church" and the "detriment that granting the dispensation can provoke within the community of Christ's faithful, particularly considering the young age." Kiesle was 38 at the time.
Kiesle had been sentenced in 1978 to three years' probation after pleading no contest to misdemeanor charges of lewd conduct for tying up and molesting two young boys in a San Francisco Bay area church rectory.
As his probation ended in 1981, Kiesle asked to leave the priesthood and the diocese submitted papers to Rome to defrock him.
In his earliest letter to Ratzinger, Cummins warned that returning Kiesle to ministry would cause more of a scandal than stripping him of his priestly powers.
"It is my conviction that there would be no scandal if this petition were granted and that as a matter of fact, given the nature of the case, there might be greater scandal to the community if Father Kiesle were allowed to return to the active ministry," Cummins wrote in 1982.
While papers obtained by the AP include only one letter with Ratzinger's signature, correspondence and internal memos from the diocese refer to a letter dated Nov. 17, 1981, from the then-cardinal to the bishop. Ratzinger was appointed to head the Vatican's Congregation for the Doctrine of the Faith a week later.
California church officials wrote to Ratzinger at least three times to check on the status of Kiesle's case. At one point, a Vatican official wrote to say the file may have been lost and suggested resubmitting materials.
Diocese officials considered writing Ratzinger again after they received his 1985 response to impress upon him that leaving Kiesle in the ministry would harm the church, Rev. George Mockel wrote in a memo to the Oakland bishop.
In the November 1985 letter, Ratzinger says the arguments for removing Kiesle are of "grave significance" but added that such actions required very careful review and more time. He also urged the bishop to provide Kiesle with "as much paternal care as possible" while awaiting the decision, according to a translation for AP by Professor Thomas Habinek, chairman of the University of Southern California Classics Department.
But the future pope also noted that any decision to defrock Kiesle must take into account the "good of the universal church" and the "detriment that granting the dispensation can provoke within the community of Christ's faithful, particularly considering the young age." Kiesle was 38 at the time.
Kiesle had been sentenced in 1978 to three years' probation after pleading no contest to misdemeanor charges of lewd conduct for tying up and molesting two young boys in a San Francisco Bay area church rectory.
As his probation ended in 1981, Kiesle asked to leave the priesthood and the diocese submitted papers to Rome to defrock him.
In his earliest letter to Ratzinger, Cummins warned that returning Kiesle to ministry would cause more of a scandal than stripping him of his priestly powers.
"It is my conviction that there would be no scandal if this petition were granted and that as a matter of fact, given the nature of the case, there might be greater scandal to the community if Father Kiesle were allowed to return to the active ministry," Cummins wrote in 1982.
While papers obtained by the AP include only one letter with Ratzinger's signature, correspondence and internal memos from the diocese refer to a letter dated Nov. 17, 1981, from the then-cardinal to the bishop. Ratzinger was appointed to head the Vatican's Congregation for the Doctrine of the Faith a week later.
California church officials wrote to Ratzinger at least three times to check on the status of Kiesle's case. At one point, a Vatican official wrote to say the file may have been lost and suggested resubmitting materials.
Diocese officials considered writing Ratzinger again after they received his 1985 response to impress upon him that leaving Kiesle in the ministry would harm the church, Rev. George Mockel wrote in a memo to the Oakland bishop.
"He admitted molesting many children and bragged that he was the Pied Piper and said he tried to molest every child that sat on his lap," said Lewis VanBlois, an attorney for six Kiesle victims who interviewed the former priest in prison. "When asked how many children he had molested over the years, he said 'tons.'"
Cummins, the now-retired bishop, told the AP during an interview at his Oakland home that he "didn't really care for" Kiesle, but he didn't recall writing to Ratzinger concerning the case.
"I wish I did write to Cardinal Ratzinger. I don't think I was that smart," Cummins, now 82, told AP.
Documents obtained by the AP last week revealed similar instances of Vatican stalling in cases involving two Arizona clergy.
In one case, the future pope took over the abuse case of the Rev. Michael Teta of Tucson, Ariz., then let it languish at the Vatican for years despite repeated pleas from the bishop for the man to be removed from the priesthood.
In the second, the bishop called Msgr. Robert Trupia a "major risk factor" in a letter to Ratzinger. There is no indication in those files that Ratzinger responded.
The Vatican has called the accusations "absolutely groundless" and said the facts were being misrepresented.
___
Associated Press writers Brooke Donald in Oakland, Eric Gorski in Denver, John Mone in San Diego, Raquel Maria Dillon in Los Angeles and Victor L. Simpson in Rome contributed to this report.
Last update: April 9, 2010 - 2:58 PM
LOS ANGELES - The future Pope Benedict XVI resisted pleas to defrock a California priest with a record of sexually molesting children, citing concerns including "the good of the universal church," according to a 1985 letter bearing his signature.
The correspondence, obtained by The Associated Press, is the strongest challenge yet to the Vatican's insistence that Benedict played no role in blocking the removal of pedophile priests during his years as head of the Catholic Church's doctrinal watchdog office.
The letter, signed by then-Cardinal Joseph Ratzinger, was typed in Latin and is part of years of correspondence between the Diocese of Oakland and the Vatican about the proposed defrocking of the Rev. Stephen Kiesle.
The Vatican refused to comment on the contents of the letter Friday, but a spokesman confirmed it bore Ratzinger's signature.
"The press office doesn't believe it is necessary to respond to every single document taken out of context regarding particular legal situations," the Rev. Federico Lombardi said. "It is not strange that there are single documents which have Cardinal Ratzinger's signature."
The diocese recommended removing Kiesle (KEEZ'-lee) from the priesthood in 1981, the year Ratzinger was appointed to head the Vatican office that shared responsibility for disciplining abusive priests.
The case then languished for four years at the Vatican before Ratzinger finally wrote to Oakland Bishop John Cummins. It was two more years before Kiesle was removed; during that time he continued to do volunteer work with children through the church.
In the November 1985 letter, Ratzinger says the arguments for removing Kiesle are of "grave significance" but added that such actions required very careful review and more time. He also urged the bishop to provide Kiesle with "as much paternal care as possible" while awaiting the decision, according to a translation for AP by Professor Thomas Habinek, chairman of the University of Southern California Classics Department.
But the future pope also noted that any decision to defrock Kiesle must take into account the "good of the universal church" and the "detriment that granting the dispensation can provoke within the community of Christ's faithful, particularly considering the young age." Kiesle was 38 at the time.
Kiesle had been sentenced in 1978 to three years' probation after pleading no contest to misdemeanor charges of lewd conduct for tying up and molesting two young boys in a San Francisco Bay area church rectory.
As his probation ended in 1981, Kiesle asked to leave the priesthood and the diocese submitted papers to Rome to defrock him.
In his earliest letter to Ratzinger, Cummins warned that returning Kiesle to ministry would cause more of a scandal than stripping him of his priestly powers.
"It is my conviction that there would be no scandal if this petition were granted and that as a matter of fact, given the nature of the case, there might be greater scandal to the community if Father Kiesle were allowed to return to the active ministry," Cummins wrote in 1982.
While papers obtained by the AP include only one letter with Ratzinger's signature, correspondence and internal memos from the diocese refer to a letter dated Nov. 17, 1981, from the then-cardinal to the bishop. Ratzinger was appointed to head the Vatican's Congregation for the Doctrine of the Faith a week later.
California church officials wrote to Ratzinger at least three times to check on the status of Kiesle's case. At one point, a Vatican official wrote to say the file may have been lost and suggested resubmitting materials.
Diocese officials considered writing Ratzinger again after they received his 1985 response to impress upon him that leaving Kiesle in the ministry would harm the church, Rev. George Mockel wrote in a memo to the Oakland bishop.
In the November 1985 letter, Ratzinger says the arguments for removing Kiesle are of "grave significance" but added that such actions required very careful review and more time. He also urged the bishop to provide Kiesle with "as much paternal care as possible" while awaiting the decision, according to a translation for AP by Professor Thomas Habinek, chairman of the University of Southern California Classics Department.
But the future pope also noted that any decision to defrock Kiesle must take into account the "good of the universal church" and the "detriment that granting the dispensation can provoke within the community of Christ's faithful, particularly considering the young age." Kiesle was 38 at the time.
Kiesle had been sentenced in 1978 to three years' probation after pleading no contest to misdemeanor charges of lewd conduct for tying up and molesting two young boys in a San Francisco Bay area church rectory.
As his probation ended in 1981, Kiesle asked to leave the priesthood and the diocese submitted papers to Rome to defrock him.
In his earliest letter to Ratzinger, Cummins warned that returning Kiesle to ministry would cause more of a scandal than stripping him of his priestly powers.
"It is my conviction that there would be no scandal if this petition were granted and that as a matter of fact, given the nature of the case, there might be greater scandal to the community if Father Kiesle were allowed to return to the active ministry," Cummins wrote in 1982.
While papers obtained by the AP include only one letter with Ratzinger's signature, correspondence and internal memos from the diocese refer to a letter dated Nov. 17, 1981, from the then-cardinal to the bishop. Ratzinger was appointed to head the Vatican's Congregation for the Doctrine of the Faith a week later.
California church officials wrote to Ratzinger at least three times to check on the status of Kiesle's case. At one point, a Vatican official wrote to say the file may have been lost and suggested resubmitting materials.
Diocese officials considered writing Ratzinger again after they received his 1985 response to impress upon him that leaving Kiesle in the ministry would harm the church, Rev. George Mockel wrote in a memo to the Oakland bishop.
"He admitted molesting many children and bragged that he was the Pied Piper and said he tried to molest every child that sat on his lap," said Lewis VanBlois, an attorney for six Kiesle victims who interviewed the former priest in prison. "When asked how many children he had molested over the years, he said 'tons.'"
Cummins, the now-retired bishop, told the AP during an interview at his Oakland home that he "didn't really care for" Kiesle, but he didn't recall writing to Ratzinger concerning the case.
"I wish I did write to Cardinal Ratzinger. I don't think I was that smart," Cummins, now 82, told AP.
Documents obtained by the AP last week revealed similar instances of Vatican stalling in cases involving two Arizona clergy.
In one case, the future pope took over the abuse case of the Rev. Michael Teta of Tucson, Ariz., then let it languish at the Vatican for years despite repeated pleas from the bishop for the man to be removed from the priesthood.
In the second, the bishop called Msgr. Robert Trupia a "major risk factor" in a letter to Ratzinger. There is no indication in those files that Ratzinger responded.
The Vatican has called the accusations "absolutely groundless" and said the facts were being misrepresented.
___
Associated Press writers Brooke Donald in Oakland, Eric Gorski in Denver, John Mone in San Diego, Raquel Maria Dillon in Los Angeles and Victor L. Simpson in Rome contributed to this report.
Thursday, April 8, 2010
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Wednesday, April 7, 2010
Outrageous and Manipulative
http://www.cnn.com/2010/CRIME/04/06/india.minnesota.priest.abuse/index.html?iref=allsearch
Outrageous and Manipulative
By Patrick Noaker
What else can you say about the conduct of Fr. Joseph Palanivel Jeyapaul. First he sexually assaults two girls in Minnesota and then he claims to have never even met the girls in an interview on CNN See CNN Interview. As you can see from the attached emails that were sent by Jeyapaul to one of the girls in September 2005, after Jeyapaul returned to India see emails. These emails contain sentences such as “I miss you, I love you” “I miss you I love you, I kiss you, I hug you,” “You don’t understand my deep love, come to India. I love you I want to see you, waiting for two years [the date she turned 18 years old],” “It is because of you I got a bad name with the bishop and your mum.” Apparently Fr. Jeyapaul defines no contact and no communication a little differently than the rest of us. I am not sure what is more outrageous and manipulative, Jeyapaul lying about his crimes or him summoning the holy scriptures from the Beatitudes, Matthew 5:11 “ Blessed are you when people insult you, persecute you and falsely say all kinds of evil against you because of me” as a defense.
For coverage of other documents referring to Jeyapaul go to www.andersonadvocates.com
Outrageous and Manipulative
By Patrick Noaker
What else can you say about the conduct of Fr. Joseph Palanivel Jeyapaul. First he sexually assaults two girls in Minnesota and then he claims to have never even met the girls in an interview on CNN See CNN Interview. As you can see from the attached emails that were sent by Jeyapaul to one of the girls in September 2005, after Jeyapaul returned to India see emails. These emails contain sentences such as “I miss you, I love you” “I miss you I love you, I kiss you, I hug you,” “You don’t understand my deep love, come to India. I love you I want to see you, waiting for two years [the date she turned 18 years old],” “It is because of you I got a bad name with the bishop and your mum.” Apparently Fr. Jeyapaul defines no contact and no communication a little differently than the rest of us. I am not sure what is more outrageous and manipulative, Jeyapaul lying about his crimes or him summoning the holy scriptures from the Beatitudes, Matthew 5:11 “ Blessed are you when people insult you, persecute you and falsely say all kinds of evil against you because of me” as a defense.
For coverage of other documents referring to Jeyapaul go to www.andersonadvocates.com
Monday, April 5, 2010
Vatican Declined to Pursue Accused Priest

Pictures posted are from Press conference today.
Vatican Declined to Pursue Accused Priest
A Catholic priest charged with sexually assaulting a teenage girl in Minnesota has been allowed to continue working at a Catholic diocese in southern India despite warnings from an American bishop that he could still “pose a risk to minors,” according to church documents released Monday.
Read rest of story here
Friday, April 2, 2010
Bro. Raimond Rose Acknowledges Criminal Conduct by Asserting the 5th

With twelve lawsuits and many other reports of sexual abuse by Bro. Raimond Rose, Bro. Rose finally acknowledged that he was involved in this criminal activity. In response to questions about his sexually abusive past in a case in Fargo, North Dakota, Bro. Rose asserted his Constitutional right to not incriminate himself in a crime.
Here is an example:
Interrogatory No. 19. Did you ever commit any of the following acts upon the Plaintiff?
a. Hug or kiss Plaintiff;
b. Touch Plaintiff’s genitals;
c. Instruct Plaintiff to touch and/or fondle your genitals;
d. Perform oral sex upon Plaintiff;
e. Force Plaintiff to perform oral sex upon you;
f. Anally penetrate Plaintiff with your fingers, penis, or other object;
g. Insert your fingers, penis or other object into any other part of Plaintiff’s body?
ANSWER: Defendant Rose asserts his privilege against self-incrimination under North Dakota and United States Constitutions with respect to this question.
Interrogatory No. 20. For each act in Interrogatory No. 19 that is admitted, describe the context of how the act was committed, the number of times you committed each act, where you committed each act, whether anyone witnessed the act(s), and identify who you have told about the act(s).
ANSWER: Defendant Rose asserts his privilege against self-incrimination under North Dakota and United States Constitutions with respect to this question.
Interrogatory No. 21. Identify individuals, other than the Plaintiff, upon whom you have committed the acts described in Interrogatory No. 19 and for each individual, provide the information requested in Interrogatory No. 20.
ANSWER: Defendant Rose asserts his privilege against self-incrimination under North Dakota and United States Constitutions with respect to this question.
Wow. What is Brother Rose hiding? Why are the Christian Brothers, Shanley High School and the Diocese of Fargo still siding with this criminal?
Thursday, April 1, 2010
VIDEO FROM PRESS CONFERENCE HELD MARCH 25TH AT THE LAW OFFICES OF JEFF ANDERSON & ASSOCIATES
Regarding documents that implicate the Pope
Vatican ripped for its handling of Wisconsin abuse scandal
By Carrie Antlfinger - The Associated Press - March 29, 2010
MILWAUKEE - A man who says he was among some 200 deaf boys allegedly molested by a priest in Wisconsin said Monday the Vatican's defensive responses to revelations about the case make him feel like he did when he was 12, when no one would listen to him about the abuse.
Arthur Budzinski, 61, said at a news conference outside the Cathedral of St. John the Evangelist that Pope Benedict XVI is trying to protect himself against criticism of his handling of the Wisconsin case against the Rev. Lawrence Murphy.
Murphy was accused of molesting some 200 boys at the St. John's School for the Deaf outside Milwaukee from 1950 to 1975. He never was defrocked.
"It's 2010. I'm not trying to hurt the pope," Budzinski said. "The pope should do something. I'm just telling my story. That's all I'm doing," said his 26-year-old daughter Gigi Budzinski, who interpreted his sign language.
Top Catholic officials are rubbing salt "into the already deep wounds of those who have been victimized and disillusioned by the Catholic church" by criticizing those speaking out about the Vatican, said Mary Guentner, a spokeswoman for the Survivors Network of those Abused by Priests.
Guentner, who says she was abused by a nun in a different school, said victims should be praised, thanked and welcomed but instead have been vilified, mischaracterized and insulted for speaking out.
"It's ludicrous to claim that these hundreds of once-trusting, devout Catholics are somehow conspiring to hurt the world's most powerful religious figure," she said.
Recently released documents showed a Vatican office led by the pope, then Cardinal Joseph Ratzinger, halted a church trial against Murphy. Ratzinger's deputy, Cardinal Tarcisio Bertone, shut the process down after Murphy wrote Ratzinger a letter saying he had repented, was old and ailing, and that the case's statute of limitations had run out. Bertone now serves as the Vatican's secretary of state.
The Vatican has said the case only reached the Vatican in 1996, that Murphy died two years later, and that there was nothing in the church's handling of the matter that precluded any civil action from being taken against him.
Benedict made no direct mention of the scandal in his Palm Sunday homily, but said Jesus Christ guides the faithful "toward the courage that doesn't let us be intimidated by the chatting of dominant opinions, toward patience that supports others."
The Vatican newspaper recently said there was a "clear and despicable intention" to strike at Benedict "at any cost."
Several victims held signs at the Monday news conference that read "Stop attacking us!" and "I'm not despicable."
Guentner said when the church attacks victims' motives, it intimidates other victims and witnesses whose information might protect other children. She said she wants Milwaukee Archbishop Jerome Listecki to "ask the pope to be transparent, to disclose any involvement in any sexual abuse cases and to stop insulting victims," she said.
She also responded to comments made Sunday by former Milwaukee Archbishop Timothy Dolan, who now is the New York archbishop. He said the pope was suffering some of the same unjust accusations once faced by Jesus.
"(It) seems a little extreme to me," she said. "I think that seems a little extreme to all of us. We are now feeling persecuted from the response of the Vatican."
MILWAUKEE - A man who says he was among some 200 deaf boys allegedly molested by a priest in Wisconsin said Monday the Vatican's defensive responses to revelations about the case make him feel like he did when he was 12, when no one would listen to him about the abuse.
Arthur Budzinski, 61, said at a news conference outside the Cathedral of St. John the Evangelist that Pope Benedict XVI is trying to protect himself against criticism of his handling of the Wisconsin case against the Rev. Lawrence Murphy.
Murphy was accused of molesting some 200 boys at the St. John's School for the Deaf outside Milwaukee from 1950 to 1975. He never was defrocked.
"It's 2010. I'm not trying to hurt the pope," Budzinski said. "The pope should do something. I'm just telling my story. That's all I'm doing," said his 26-year-old daughter Gigi Budzinski, who interpreted his sign language.
Top Catholic officials are rubbing salt "into the already deep wounds of those who have been victimized and disillusioned by the Catholic church" by criticizing those speaking out about the Vatican, said Mary Guentner, a spokeswoman for the Survivors Network of those Abused by Priests.
Guentner, who says she was abused by a nun in a different school, said victims should be praised, thanked and welcomed but instead have been vilified, mischaracterized and insulted for speaking out.
"It's ludicrous to claim that these hundreds of once-trusting, devout Catholics are somehow conspiring to hurt the world's most powerful religious figure," she said.
Recently released documents showed a Vatican office led by the pope, then Cardinal Joseph Ratzinger, halted a church trial against Murphy. Ratzinger's deputy, Cardinal Tarcisio Bertone, shut the process down after Murphy wrote Ratzinger a letter saying he had repented, was old and ailing, and that the case's statute of limitations had run out. Bertone now serves as the Vatican's secretary of state.
The Vatican has said the case only reached the Vatican in 1996, that Murphy died two years later, and that there was nothing in the church's handling of the matter that precluded any civil action from being taken against him.
Benedict made no direct mention of the scandal in his Palm Sunday homily, but said Jesus Christ guides the faithful "toward the courage that doesn't let us be intimidated by the chatting of dominant opinions, toward patience that supports others."
The Vatican newspaper recently said there was a "clear and despicable intention" to strike at Benedict "at any cost."
Several victims held signs at the Monday news conference that read "Stop attacking us!" and "I'm not despicable."
Guentner said when the church attacks victims' motives, it intimidates other victims and witnesses whose information might protect other children. She said she wants Milwaukee Archbishop Jerome Listecki to "ask the pope to be transparent, to disclose any involvement in any sexual abuse cases and to stop insulting victims," she said.
She also responded to comments made Sunday by former Milwaukee Archbishop Timothy Dolan, who now is the New York archbishop. He said the pope was suffering some of the same unjust accusations once faced by Jesus.
"(It) seems a little extreme to me," she said. "I think that seems a little extreme to all of us. We are now feeling persecuted from the response of the Vatican."
MPR - Attorney Jeff Anderson on Catholic church and sexual abuse
St. Paul, Minn. — Perhaps the best known attorney in the clergy sex abuse cases, Jeff Anderson says the top hierarchy of the Catholic church should account for what he says was a cover up of sexual abuse perpetrated by clergy for decades. Meanwhile, cases in Florida and Kentucky attempt to link the Vatican to cases of sexual abuse.
Thursday, March 25, 2010
Press Conference 3/25/10: Records Obtained by St. Paul Law Firm Implicate Pope
check out the Podcast version of the press conference held March 25th regarding documents that implicate the Pope
Friday, March 19, 2010
Eight Years Since the Sexual Abuse Scandal Broke in Boston, Still No End in Sight
By Patrick Noaker
It has been about eight years since the sex abuse scandal in Boston became public. It is sad that despite thousands of lawsuits across the nation, there still remains and endless number of examples of institutional cover-up within the Catholic hierarchy. Yesterday we filed a fraud lawsuit involving Fr. Thomas Stitts and the Archdiocese of St. Paul and Minneapolis. In this case, the Archdiocese misled parishioners at St. Leo’s parish in the Highland Park neighborhood of St. Paul by representing to them that Fr. Stitts was safe around children when the Archdiocese knew full well that he was a child molester.
Read the Star Tribune article here.
It has been about eight years since the sex abuse scandal in Boston became public. It is sad that despite thousands of lawsuits across the nation, there still remains and endless number of examples of institutional cover-up within the Catholic hierarchy. Yesterday we filed a fraud lawsuit involving Fr. Thomas Stitts and the Archdiocese of St. Paul and Minneapolis. In this case, the Archdiocese misled parishioners at St. Leo’s parish in the Highland Park neighborhood of St. Paul by representing to them that Fr. Stitts was safe around children when the Archdiocese knew full well that he was a child molester.
Read the Star Tribune article here.
Tuesday, March 16, 2010
Accused Priest still Preaching Part 2
By Michael Finnegan
Video of former Chicago and Milwaukee priest Chester Przybylo, accused of sexually molesting numerous children, still in ministry. The Archdiocese of Chicago found the allegations that Przybylo sexually molested a child were credible. Despite this Przybylo is now running an offshoot Catholic Church in Winfield, IL. In an interview, when confronted about another cleric witnessing Przybylo with one of his victims in his underwear in Przybylo’s church bedroom, Przybylo claims that the boy possibly was wearing short pants.
See the CNN coverage on http://cnn.com/video/?/video/bestoftv/2010/03/16/tuchman.priest.one.cnn
View documents from the case at http://www.andersonadvocates.com/ViewFile.aspx?ID=187
Video of former Chicago and Milwaukee priest Chester Przybylo, accused of sexually molesting numerous children, still in ministry. The Archdiocese of Chicago found the allegations that Przybylo sexually molested a child were credible. Despite this Przybylo is now running an offshoot Catholic Church in Winfield, IL. In an interview, when confronted about another cleric witnessing Przybylo with one of his victims in his underwear in Przybylo’s church bedroom, Przybylo claims that the boy possibly was wearing short pants.
See the CNN coverage on http://cnn.com/video/?/video/bestoftv/2010/03/16/tuchman.priest.one.cnn
View documents from the case at http://www.andersonadvocates.com/ViewFile.aspx?ID=187
Accused Priest Still Preaches
CNN story from March 15th, 2010.
http://cnn.com/video/?/video/bestoftv/2010/03/16/tuchman.priest.one.cnn
http://cnn.com/video/?/video/bestoftv/2010/03/16/tuchman.priest.one.cnn
Thursday, March 4, 2010
Same Old Hard-ball Tactics in Fargo Means Kids are at Risk

By Patrick Noaker
Despite claims that Catholic Dioceses care about the problem of sexual abuse by their clergy, all evidence is that they are up to the same old hard-ball tactics – crush anyone who reports abuse by Catholic clergy. Yesterday I spent the afternoon in Fargo, North Dakota in court fighting the Diocese of Fargo and Shanley High School in a sexual abuse case involving Bro. Raimond Rose. During the hearing the Diocese and Shanley argued that they did not have the duty to tell a fifteen year old boy or his parents that the chaperone for a trip to Orlando, Florida was a known child molester. Their silence regarding prior sexual abuse of Bro. Rose was acceptable. They also claimed that the United States Constitution protects their right to assign known child molesters to teaching positions and trip chaperones. Am I the only person who thinks that this is preposterous? How can we protect our children when our schools and churches think like this? How many teachers within the Diocese and Shanley are known child abusers? According to the Diocese and Shanley, they do not believe that they are required to tell us. How is it possible for a child to be safe at school or church when the leaders of these institutions attack the children who are courageous enough to report the abuse? The Judge didn’t buy these arguments either. The Judge rejected the arguments and ruled that the claims against the Diocese and Shanley are valid.
Tuesday, February 16, 2010
Merryfields can seek punitive damages
Claim Catholic diocese knew of priest abuse
Updated: Saturday, 13 Feb 2010, 1:49 AM CST
Published : Friday, 12 Feb 2010, 10:48 PM CST
Reporter: Ryan Dietz
APPLETON - A judge ruled Troy and Todd Merryfield can seek punitive damages for what they believe was an intentional cover-up of abuse by the Catholic Diocese of Green Bay.
In 2004, former priest John Patrick Feeney was convicted of sexually assaulting the brothers in 1978, when they were teenagers. He is serving a 15-year prison sentence.
The Merryfields claim the diocese knew about abuse by Feeney and covered it up. They say they want to make sure it doesn't happen again.
"It's just another step forward for our side in holding them accountable for what they did in the past so they don't repeat it in the future," said Jeff Anderson, the attorney for the Merryfields.
The Diocese of Green Bay said in a statement to FOX 11, "Despite today's decision by an Outagamie County Circuit Court to allow for a claim of punitive damages, the Diocese of Green Bay has and will continue to defend its innocence in the allegations of fraud"
Attorneys for the Merryfields have 10 days to submit a new complaint. The amount of punitive damages will be decided by jury at a later trial.
The next hearing is scheduled for April.
Updated: Saturday, 13 Feb 2010, 1:49 AM CST
Published : Friday, 12 Feb 2010, 10:48 PM CST
Reporter: Ryan Dietz
APPLETON - A judge ruled Troy and Todd Merryfield can seek punitive damages for what they believe was an intentional cover-up of abuse by the Catholic Diocese of Green Bay.
In 2004, former priest John Patrick Feeney was convicted of sexually assaulting the brothers in 1978, when they were teenagers. He is serving a 15-year prison sentence.
The Merryfields claim the diocese knew about abuse by Feeney and covered it up. They say they want to make sure it doesn't happen again.
"It's just another step forward for our side in holding them accountable for what they did in the past so they don't repeat it in the future," said Jeff Anderson, the attorney for the Merryfields.
The Diocese of Green Bay said in a statement to FOX 11, "Despite today's decision by an Outagamie County Circuit Court to allow for a claim of punitive damages, the Diocese of Green Bay has and will continue to defend its innocence in the allegations of fraud"
Attorneys for the Merryfields have 10 days to submit a new complaint. The amount of punitive damages will be decided by jury at a later trial.
The next hearing is scheduled for April.
Wednesday, February 10, 2010
Battle in Missouri
By Patrick Noaker
Arguing a case in the Missouri Court of Appeals today reminds me that the battle for child protection will be a long one. In Missouri, the case of Gibson v. Brewer insolates churches and other religious institutions from liability for their negligent acts and omissions. At the time that Gibson was decided, it may have seemed a good idea to give religious institutions a free pass. As we now know, church leaders can do some pretty horrible things - like place pedophiles in schools and parishes where they feed on the never ending supply of innocent children. Our team in St. Louis, Missouri (Ken Chackes, Susan Carlson, and Patrick Noaker – see photograph), along with nationally recognized Constitutional law professor Marci Hamilton, have challenged the Gibson decision since 2003. It has been a process of baby steps. One courageous survivor stood up and we won a small victory in Federal court. Another courageous survivor and another small victory. And so on. Today, we had the opportunity to challenge Gibson directly and ask the Missouri Court of Appeals to strike down Gibson based on all of those small victories over the last seven years. We are here only because so many clients before were willing to take a chance, make a sacrifice and win the small victories. Stay tuned for the result of our arguments. The second photograph is of Prof. Marci Hamilton at the podium in the Missouri Court of Appeals. I think that she looks pretty confident.
Thursday, February 4, 2010
Abusing Children, Damaging Adults
By: Sarah Odegaard
One of our experts, Marianne Benkert, MD, shares her insights into the psychological and emotional damage inflicted on survivors of childhood sexual abuse in today’s Healing and Spirituality blog. Dr. Benkert describes the lasting impact on the child that erodes at their sense of self-confidence and ability to function in daily life as an adult: “It is important to understand that for most victims the psychological trauma is not truly appreciated until adulthood.” The importance of Dr. Benkert’s work with child sex abuse victims is in not only recognizing the profound negative effects of the abuse that stick with a child as they become an adult, but in serving as a voice to advocate for survivors in affirming their experiences and common suffering. A survivor should not feel alone if they fail to realize the true consequences of the abuse until much later in life, as this is phenomenon is a scientifically demonstrated reality of the damage child abuse inflicts. Dr. Benkert’s message is also echoed in a new book by Susan Clancy, The Trauma Myth, reviewed last week in the New York Times. Clancy’s book reports on data she collected from interviews with adult victims of childhood sexual abuse, and she concludes that only as a child matures into an adult, and can understand the nature of the abuse, does the horror and trauma from the abuse begin to take effect. The message in Dr. Benkert’s interview and Susan Clancy’s book rings true to us as lawyers working on behalf of survivors – we see it daily in our work: child abuse is incredibly harmful not only immediately, damaging to a child emotionally and physically, but also long-term, inflicting damage that can cause alcoholism, depression, suicidal thoughts, drug addiction, an inability to form and hold meaningful personal relationships. We praise our survivors who have the courage to seek help in overcoming the lasting obstacles from the sex abuse they suffered as a child.
One of our experts, Marianne Benkert, MD, shares her insights into the psychological and emotional damage inflicted on survivors of childhood sexual abuse in today’s Healing and Spirituality blog. Dr. Benkert describes the lasting impact on the child that erodes at their sense of self-confidence and ability to function in daily life as an adult: “It is important to understand that for most victims the psychological trauma is not truly appreciated until adulthood.” The importance of Dr. Benkert’s work with child sex abuse victims is in not only recognizing the profound negative effects of the abuse that stick with a child as they become an adult, but in serving as a voice to advocate for survivors in affirming their experiences and common suffering. A survivor should not feel alone if they fail to realize the true consequences of the abuse until much later in life, as this is phenomenon is a scientifically demonstrated reality of the damage child abuse inflicts. Dr. Benkert’s message is also echoed in a new book by Susan Clancy, The Trauma Myth, reviewed last week in the New York Times. Clancy’s book reports on data she collected from interviews with adult victims of childhood sexual abuse, and she concludes that only as a child matures into an adult, and can understand the nature of the abuse, does the horror and trauma from the abuse begin to take effect. The message in Dr. Benkert’s interview and Susan Clancy’s book rings true to us as lawyers working on behalf of survivors – we see it daily in our work: child abuse is incredibly harmful not only immediately, damaging to a child emotionally and physically, but also long-term, inflicting damage that can cause alcoholism, depression, suicidal thoughts, drug addiction, an inability to form and hold meaningful personal relationships. We praise our survivors who have the courage to seek help in overcoming the lasting obstacles from the sex abuse they suffered as a child.
Monday, January 11, 2010
Combating Child Pornography Press Conference – January 6, 2010
By Patrick Noaker
http://www.andersonadvocates.com/ViewFile.aspx?ID=352
Attorney Jeff Anderson, Advocate Cordelia Anderson, Therapist Walter Bera, Advocate Bob Schwiderski and Attorney Patrick Noaker conducted a press conference on using the civil justice system to combat child pornography. Child pornography is a multi-billion industry and among the fastest growing criminal segments on the internet. There is a significant disparity between the 80,000 plus reports of child pornography per year and the approximately 1,400 federal prosecutions for child pornography. The participants in this press conference discussed the significance of this disparity and the limitations of criminal justice restitution remedies. As an alternative, the participants recommended using law known as “Masha’s Law” to bring a civil claim for child pornography which allows victims to file a civil lawsuit in federal district court against anyone who produced, distributed or possessed any sexually explicit images of him or her. The victim can recover actual damages of no less than $150,000 along with attorneys’ fees and costs of the suit.
What are your thoughts about allowing victims of child pornography to bring a civil suit against everyone who creates, distributes or even downloads the victim’s image. Do you think that it will be beneficial to have hundreds of civil attorneys joining law enforcement in combating child pornography or do you think that allowing civil lawyers to bring more lawsuits will only complicate an already complex problem? Is it possible that civil cases will help expose a horrendous problem and get help for those who have been injured, like the thousands of cases involving sexual abuse by clergy?
http://www.andersonadvocates.com/ViewFile.aspx?ID=352
Attorney Jeff Anderson, Advocate Cordelia Anderson, Therapist Walter Bera, Advocate Bob Schwiderski and Attorney Patrick Noaker conducted a press conference on using the civil justice system to combat child pornography. Child pornography is a multi-billion industry and among the fastest growing criminal segments on the internet. There is a significant disparity between the 80,000 plus reports of child pornography per year and the approximately 1,400 federal prosecutions for child pornography. The participants in this press conference discussed the significance of this disparity and the limitations of criminal justice restitution remedies. As an alternative, the participants recommended using law known as “Masha’s Law” to bring a civil claim for child pornography which allows victims to file a civil lawsuit in federal district court against anyone who produced, distributed or possessed any sexually explicit images of him or her. The victim can recover actual damages of no less than $150,000 along with attorneys’ fees and costs of the suit.
What are your thoughts about allowing victims of child pornography to bring a civil suit against everyone who creates, distributes or even downloads the victim’s image. Do you think that it will be beneficial to have hundreds of civil attorneys joining law enforcement in combating child pornography or do you think that allowing civil lawyers to bring more lawsuits will only complicate an already complex problem? Is it possible that civil cases will help expose a horrendous problem and get help for those who have been injured, like the thousands of cases involving sexual abuse by clergy?
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