Would You Settle This Case or Wait for a Trial?

by Leslie C. Griffin^*

An option to a civil case filed against a defendant is for the defendant to settle the case.

There is a long trail of settlements to trace in the Massachusetts abuse cases. Settlements often occurred because of the statutes of limitations, and because Massachusetts lawyers feared the charitable immunity rule would limit in-court damages to $20,000.¹ Often, once lawsuits were settled, the judges impounded the cases, removing any documents that the lawsuits had been started. ² Between 1992 and 1996 judges impounded records of three molesters in five lawsuits because the “particulars” should be kept from the public. ³

Millions of dollars were paid in these settlements. Millions and millions.

I: BOSTON

On January 3, 2002, The Boston Globe wrote “Under an extraordinary cloak of secrecy, the Archdiocese of Boston in the last 10 years has quietly settled child molestation claims against at least 70 priests. In the public arena alone, the Globe found court records and other documents that identify 19 present and former priests as accused pedophiles.”⁴ The Boston Phoenix added: “Even before the clergy sex-abuse scandal dominated headlines this year [2002] — exposing a staggering number of child molestations by priests and an appalling pattern of cover-ups by Church leaders — the Archdiocese of Boston had paid out as much as $30 million in settlements to victims over the past decade. Last month, it added yet another figure to this tally: on September 19, [2002], the archdiocese agreed to pay $10 million to nearly 90 victims in the high-profile lawsuits against defrocked priest and convicted pedophile John Geoghan.” ⁵

The treatment of John Geoghan’s survivors shows how settlement worked. Geoghan was a prominent priest who had numerous victims. One woman was happy Geoghan visited her family so often because her husband had left her. It was great for her kids too. Then one day she told the children Geoghan was about to visit, and “[h]er youngest son became totally hysterical, screaming and thrusting himself to the floor. I don’t like him…Don’t let him come by…. I just don’t want him touching my wee-wee.” ⁶ Her other sons confirmed what the youngest had said. They had not told their mother about the abuse because the Father had told them the actions were secret, like going to confession. Instead of stopping Geoghan, the church then sent him to another parish, where he molested four more boys.⁷

Former priest Anthony J. Benzevich warned against Geoghan’s abuse during the 1960s. Geoghan’s misconduct was one reason Benzevich left the priesthood. Geoghan “repeatedly brought children to the rectory and met with them for long periods of time behind closed doors. ‘They would come out in various states of undress. He would put his jacket over them and said he was trying to show them how to be little priests.’” ⁸ Benzevich was viewed as a “troublemaker.” ⁹ John Sacco was one of Geoghan’s victims; Geoghan also took advantage of Sacco’s brothers. The Saccos sued Geoghan in 1997 for abuse between 1962 and the early 1980s. Their lawsuit was settled. According to Sacco, “I’d like to make a statement but I am not allowed to talk about the man, the facts or the church. … I am still waiting to be healed. That will only come when the church does the right thing.’”¹⁰

The church knew about Geoghan’s pedophilia, which began in the 1960s.¹¹ Cardinal Bernard Law removed him from a post in January 1996, and ordered him to a residential treatment center. ¹² “From the time Law assigned Geoghan to St. Julia’s parish in November of 1984 to the day Law finally removed him in January of 1993, Geoghan sexually molested many more children; more than thirty of them later filed claims against him.” ¹³ Geoghan went to prison for rape, although he died while his case was being appealed.

The victims of 86 lawsuits were supposed to receive $15 to $30 million in settlement damages,¹⁴ but the archdiocese’s finance council objected. The council argued that the archdiocese could not afford to live up to the settlement and pay off the scores of alleged victims who were seeking lawyers in the scandal: “The proposed settlement would consume substantially all the resources of the archdiocese that can reasonably be made available and therefore such an action would leave the archdiocese unable to provide a just and proportional response to other victims.” The council advised the cardinal to create a “nonlitigious global assistance fund for all victims,” to avoid “crippling” the Church.”¹⁵

Lawsuits by plaintiffs’ lawyers argued that the mediator of the Geoghan cases should testify about what happened in the settlement disputes. Plaintiffs wanted the mediator’s testimony to prove the church had made an agreement to settle and then broken it. The court rejected plaintiffs’ request.¹⁶

The 86 plaintiffs later got $10 million but no apology from the church, and no court statements from the victims. Janet Greene, a mother of abuse victims, was the last to agree, because she decided she did not want to block payments to the other 85 survivors. Mark Keane, another victim, was glad the dispute was over but still criticized the church. Of the 86 plaintiffs, 16 were relatives and 70 were victims. Geoghan exposed himself to 20 of the 70 victims when they were minors, and 50 suffered serious abuse during the 30 years he was shuffled around parishes. Under the earlier agreement, parents were supposed to receive $10,000; the 20 exposure victims about $75,000 each, for a total of $1.5 million; and the 50 serious abuse cases a range from $150,000 to $900,000. Under the new agreement, parents received $10,000; the 20 exposure victims about $27,000 each; and the 50 abuse victims split $9.3 million dollars, with three victims getting $94,000 and getting higher payments, topped out at $313,000, to the remaining 47.¹⁷

Many cases were settled, as were the following involving known abusers.

Phil Saviano told the world that a Catholic priest had abused him. He was sick with AIDS, perhaps the reason the church gave him a $15,500 settlement without a nondisclosure agreement. Usually survivors who settled had to agree to silence. Saviano was the source of The Boston Globe’s detailed reporting on how many priests had abused.¹⁸

Paul Shanley was known for traveling around the country affirming homosexual rights, and even supporting man-boy love. Some Catholics repeatedly questioned him for that. The Higgs Letter of April 29, 1985, called attention to Shanley’s misconduct, especially pointing out the shocking news that Shanley said that children appropriately seduced older men.¹⁹ There was a long history of the church ignoring the complaints about Shanley. He was sent all over the state and the country, free to advocate whatever he wanted. ²⁰

Despite questions about his behavior, Shanley went to California as a priest in good standing. There were numerous and repeated complaints. He entered into a settlement for $45,000 with the Roman Catholic Archbishop of Boston and other parties.²¹ The archdiocese paid five settlements, including $40,000 in 1993 to someone repeatedly anally raped in 1972. In 1993, a $100,000 settlement was paid for a four-year relationship that started in 1965. ²²

Joseph E. Birmingham was a priest from his 1960 ordination to his 1989 death and served in six parishes. There were 25 victims from just one job at St. Michael’s parish in Lowell, Massachusetts.²³ Victim Michael McCabe told his father in the early 1960s that Birmingham “played with my penis.” ²⁴ McCabe’s friend, Peter Taylor, was also a victim. ²⁵ The boys were happy that action was taken to move Birmingham away from their church, but then the boys saw him a year later on a bus with a group of children. After that, seven people from five parishes notified the church of their abuse, and a group of five mothers visited church authorities to complain about the treatment of their sons.²⁶ In a March 10, 2003 affidavit, Mary Elaine (Carrette) McGee explained that she joined her sister, Winnie Morton; Ann McDaid, whose son was being abused; Judy Fairbank and Mary Abraham, to tell the church of Birmingham’s abuse.²⁷ David Lyko and Olan Horne were his next victims. ²⁸ By 2002, 40 victims had come forward. ²⁹ Under Archbishop O’Malley, the archdiocese entered into an $84.1 million settlement with 541 victims, including the victims of Birmingham.³⁰

James Hogan filed a lawsuit against New Hampshire Bishop John McCormack, who had worked in the archdiocese in Massachusetts, saying McCormack saw Birmingham take Hogan to his bedroom and did nothing to stop it. Then 39 more victims were added to the Birmingham lawsuit. Thomas Blanchette of Sudbury said that Birmingham had abused him and his four brothers in the 1960s, at Our Lady of Fatima Parish, and that many other boys had also been abused. Paul Cultrera claimed Birmingham molested him in Salem in 1963 and 1964, and received a $60,000 settlement in 1996 from the archdiocese.³¹ Paul’s mother, Beatrice Ciaramitaro, gave an affidavit on June 20, 2002, explaining that Paul was abused in 1986 and they found out about it in 1987. Because her bishop yelled at her, she told Paul to drop the lawsuit or he would be “kicked out of the family,” so he settled his case at 19 years old.³² Bishop McCormack signed an agreement in New Hampshire once the state showed him it had collected extensive evidence proving the church was guilty of all types of abuse.

In September 2003, the Boston archdiocese under Sean O’Malley paid $85 million to 552 people who claimed priests had abused them. ³³ Roderick MacLeish represented half of those victims.³⁴ The awards ranged from $80,000 to $300,000; parents received $20,000. The church said it would provide psychological counseling for victims and put some victims on advisory boards. Gary Bergeron mentioned that, as a survivor of abuse by Birmingham, he was pleased. Bernard McDaid said it was “surreal.” ³⁵ Greg Ford and Paul Busa said they would not participate in the settlement but would look for deals with the archdiocese.

In the past, the church had offered $55 million while the plaintiffs sought $120 million.³⁶ O’Malley had been bishop of the Fall River Diocese when he settled the Porter cases. O’Malley did not use Cardinal Law’s lawyers when he became archbishop of Boston. ³⁷

On April 19, 2006, Cardinal O’Malley released a letter concluding that the total spent by the Archdiocese of Boston up to June 30, 2005 was $127.4 million, which includes the fall 2003 amount listed above. O’Malley then added $8.8 million for administering abuse prevention and promoting healing and reconciliation and therapy assistance to abuse survivors, which does not have a cutoff on it. He then attributed $14.6 million with $5.8 million for legal, mediation and other costs to settle claims; $2.5 million activity to pursue recovery from insurers, and $6.3 million to finance the global settlement. The total was $150.8 million through June 30, 2005.³⁸

Other settlements, alphabetically by abuser:

Robert E. Barrett, ordained in 1963, was accused of abusing a boy at St. Mary’s in Hull in 1967 and 1968 and another abuse case in Framingham. ³⁹ His case was settled for $30,000 in 1994. ⁴⁰

Richard J. Barry, O.M.I. – Missionary Oblates of Mary Immaculate— was in Massachusetts, at St. William’s Church in Tewksbury, when he was accused of abusing a 14-year-old boy in 1981 on a trip to New Hampshire. This claim settled in 2021 “in the mid-five figures.”⁴¹ It was added to Garabedian’s online list in May 2021.

Douglas V. Borowski was ordained in 1984 and served in several Massachusetts churches. A 27-year-old man accused him of abuse in approximately 1994, while Borowski was at St. Mary of the Assumption Church in Hull, Massachusetts. The claim settled in 2020 in “high five figures.”⁴²

Robert Burns went from Youngstown, Ohio to Boston because of abuse problems. There were five cases against Burns. His first Boston-based accusation was in 1991 and his assignment there ended. He then sexually molested a twelve-year-old boy in New Hampshire and went to prison there. There were settlements of $825,000, $900,000, and $500,000 in the 1990s after repeated claims against him, including that of a 14-year-old altar boy abused by Burns who returned to report the abuse in 1991, when the victim was a Boston College student.⁴³

John M. Cotter was accused of abusing boys in West Roxbury. The archdiocese settled his cases. ⁴⁴

Richard T. Coughlin was accused by journalist David Coleman of molestation from 1957 to 1960 at St. Patrick’s and from 1960 to 1963 at St. Mary’s. The two shared a room and a bed on trips to New Hampshire. Coughlin left for California in 1965, and was finally suspended from the priesthood in January 1993 because of other abuse, including that of boys in Orange County, California.⁴⁵ Coughlin settled abuse cases in California, and his Massachusetts abuse case was settled by the archdiocese. A 68-year-old man had accused Coughlin of sexual misconduct while the man was a child.⁴⁶

John Curley was ordained in 1966. His case involving abuse of a 12-year-old boy at the Pilgrim Center in Braintree was settled in 2020 in the “high five figures.”⁴⁷ David, one of his victims, complained that Curley was not on the archdiocese’s list of abusers because the case was settled. ⁴⁸ Curley would bring groups of boys to stay at his house and invite them up to his bedroom one at a time. ⁴⁹ The “priest told him to pray as he sexually assaulted him.” ⁵⁰

Arthur Devlin, S.M., Marist Fathers of Boston, was ordained in 1945. He was accused three times of abusing a 13-year-old boy. Devlin was the nephew of Father Charles McInnis, who was pastor of the boy’s parish. Devlin took the boy on trips and molested him many times. The claim settled in 2020 in the “mid five figures.”⁵¹ Devlin allegedly fondled the boy’s genitals and inserted his finger into the boy’s anus. ⁵² This claim was added to Garabedian’s online list in June 2020.

Deacon William Emerson served at St. William’s Church in Tewksbury, where he taught, directed, supervised and interacted with children in the Confraternity of Christian Doctrine program.⁵³ He was ordained in Nebraska and became a deacon in Boston in 1982. Emerson is alleged to have committed numerous lewd and lascivious acts upon John Doe III from 1973 to1978, when Doe was 8 to 13 years old. There were allegedly hundreds of occasions of abuse.⁵⁴ In 2021, petitioner John Doe III asked for a jury trial against the archbishop and another unnamed defendant, arguing that they had allowed Doe to be harmed by Emerson’s “explicit sexual behavior and lewd and lascivious conduct.” ⁵⁵ Doe sued the archbishop for negligent hiring, retention, direction and supervision of Emerson, who is now deceased. The Archdiocese of Boston settled this claim in 2021. ⁵⁶

James Foley had a relationship with a married woman and had two children with her. She overdosed on a drug while he was with her. He left the house and called 911, and she then died. No one knew of his association with the family, not even the woman’s husband or Foley’s own children. He had another affair after she died.⁵⁷ The archdiocese settled the wrongful death suit filed by the woman’s children.⁵⁸

Thomas P. Forry was a “deeply troubled person” who resigned from the priesthood on May 7, 1999. The claim was a 1974-1977 molestation of the child of a woman with whom he had an affair for 11 years, but then he threw her out of the house. ⁵⁹ The woman’s complaints were rejected as “not credible.” A claim by the son also was rejected, because of his mother’s sexual relationship with Forry. Forry also was accused of assaulting his housekeeper several times. ⁶⁰ The church paid a cash settlement to the son to keep him quiet.⁶¹

Robert Gale pled guilty to rape in Waltham, Massachusetts. Subsequently, the archdiocese settled a case from a different parish in Quincy, Massachusetts, for $80,000, given to a boy who also said Gale had raped him. ⁶²

John J. Gallagher, a priest of the Augustinian Order, was at St. Mary’s Church in Lawrence in the 1970s. He reached a settlement, his 15^th, in October 2021 through lawyer Mitchell Garabedian. With claims by 14 women and one man, the case was settled in the “low six figures.”⁶³ The Order of St. Augustine paid $1.4 million to another 11 survivors of Gallagher.⁶⁴ Gallagher was both a coach and a teacher at St. Mary’s and abused one victim when she was on the basketball team. Another settlement in 2018 paid $1 million to five men and three women who charged they were sexually abused by Gallagher and by Robert Turnbull. The victims were from age 8 to 14 when the abuse occurred from 1973 to 1976.

Seminarian Joseph Gilpin was sued in 2001 for repeatedly abusing a boy from 1965 to 1968. His case was settled in 2004.⁶⁵ He resigned his assistant principal’s job in Florida after the allegations.⁶⁶

Monsignor James J. Haddad, ordained in 1958, was accused of abusing a boy with oral sex and sodomy from 1976 to 1977, when the boy was 13 to 14 years old, at St. Eulalia Church in Winchester. The claim was settled in 2021.⁶⁷

John R. Hanlon, who was convicted of rape, also had his cases settled by the archdiocese in 1994. ⁶⁸

Charles Kane was ordained in 1953 and fondled the skin of an 11- to 12-year-old altar boy at St. Mary’s Church in Billerica from 1973 to 1974. His name was added to Garabedian’s list in June 2020. The case was settled in 2020 for “high five figures.”⁶⁹

Edward T. Kelley settled several cases out of court. ⁷⁰ In one, there was a police report of sexual activity in a blue sedan, and police recognized the driver as a priest. ⁷¹ It was Father Kelley, who also abused boys in different settings.

Bernard J. Lane started an alternative care center for children. “Lane routinely ordered the youths to remove all of their clothing. Look at one another’s bodies, he would command, arranging them in pairs of two. Get closer, he would say, face to face, squeeze together till there is no air between the bodies at all.” ⁷² He would have boys rolling around nude on the floor. Six of his cases were settled by the archdiocese. The state had an earlier chance to get him, but did not. His misconduct was ignored for years; he was not removed until 1993 despite misconduct going back to the 1970s. Lane has rejected all accusations of misconduct. ⁷³ Lane was accused by at least 17 men of abusing them as children. Some of the alleged abuse took place at the Alpha Omega House for troubled youth in Littleton, a facility he founded and directed in the 1970s. Lane retired in 1999, but remained a priest. ⁷⁴ The church settled six suits against him.⁷⁵

Richard O. Matte’s sexual assault lawsuits were settled by the archdiocese and the suit impounded. ⁷⁶

Paul R. McCarthy, ordained in 1980, was accused of molesting an 11-12-year-old boy from 1989 to 1990, stripping his clothes, fondling the boy, and masturbating, at St. Catherine of Siena Church in Norwood. The case was settled in 2021.⁷⁷

Paul E. McDonald’s abuse case was settled. ⁷⁸ He faced abuse charges from the 1960s, and then molested a boy whose brothers were killed in a house fire. He was laicized and married in 2005.⁷⁹

Paul J. McLaughlin, ordained in 1955, was accused of abusing a boy 8-10 years old from 1967 to 1969 at St. John the Evangelist Church in Swampscott. McLaughlin fondled the boy’s genitals. His case was settled in 2021.⁸⁰

F. Dominic Menna, aka Fiori D. Menna was ordained in 1958. He abused a 6- to 7-year-old-boy from 1968 to 1969 at St. Mary’s Church in Quincy. He fondled the boy and forced him to perform oral sex. The claim was settled in February 2020 in the “high five figures.”⁸¹ His name was added to Garabedian’s online list in June 2020.

Jay M. Mullin worked in Hanson at St. Joseph the Worker Church until he was charged with abuse. He denied the charges and continues to say Mass privately, at home. “I cannot go back to the ministry, but I am still a priest.” He receives salary and benefits from the church.⁸² The archdiocese settled a lawsuit in 1992 that he abused a boy in Allston in 1970. ⁸³

Francis E. O’Brien, Jr., was ordained in 1966. He was accused of forcing a 7 to 12-year-old boy to perform oral sex and penetrating the boy’s anus with his finger. The abuse occurred at least 14 times from 1966 to 1971 at Christ the King Parish. The case was settled in 2021.⁸⁴

Ronald H. Paquin had four cases settled by the archdiocese.⁸⁵ Six of his victims received settlements for more than $500,000. ⁸⁶ One victim was unidentified by name. ⁸⁷ Paquin was convicted of rape. There were terrible facts and $275,000 settlements for some victims.

Michael J. Regan fondled a girl from 1978 to 1980 when she was 14 to 16 and had her perform oral sex. This case settled in the high five figures in 2021.⁸⁸

Thomas A. Riley, ordained in 1956, was accused of abusing a girl from 1959 to 1962 when she was 12 to 15 years old. The abuse, which included forced sexual intercourse, took place at St. Patrick’s Church in Natick, in the priest’s car, and in a house in New Hampshire. This case settled in 2020 in the “high five figures.”⁸⁹

George Rosenkranz abused boys in the basement of the church. Another priest, who saw them, just walked away. When a victim complained in 1988, one bishop told him, “My experience is that if they are guilty, they admit it.” ⁹⁰ Rosenkranz was removed from his position three years later, and disappeared. ⁹¹ He later signed a release of all claims for $65,000.⁹²

Sylvio Ruest, ordained in 1942, was accused of molesting a 13- to 14-year-old boy from 1957 to 1958 at Assumption of the Blessed Virgin Mary Church in Bellingham. This claim settled in 2020 in “high five figures.”⁹³ His name was added to Garabedian’s online list in June 2020.

John Salvucci was ordained in 1977. He was accused of abusing a male child parishioner from age 15 to 17 at least 20 times, by touching his skin. This case settled in 2020 in the “high five figures.”⁹⁴ Salvucci’s name was added to Garabedian’s online list in June 2020.

C. Melvin Surette was accused of abusing children at the same place that Bernard J. Lane had. ⁹⁵ The archdiocese settled that case. Another of his cases was settled for $50,000 in 1995. There were several additional settlements by 2002. ⁹⁶

Bernard L. Sullivan was ordained in 1961 and accused of molesting a 10- to 13-year-old altar boy 6 times from 1970 to 1973 when Sullivan was at St. Catherine of Genoa Church in Somerville. He took off the boy’s clothes and masturbated him. The case was settled in 2021.⁹⁷

T. Raymond Sullivan, ordained in 1957, was accused of abusing a 14-year-old male parishioner at least twice in 1977 at St. Therese’s Church in Dracut. This case was settled in 2020 in “low five figures.”⁹⁸ Sullivan’s name was added to Garabedian’s online list in June 2020.

Ernest Tourigney was accused of abuse by two cousins, Raymond Sinibaldi and Robert Anderson. They got a settlement of $35,000 each, which they later regretted. ⁹⁹ Tourigney molested them in the early 1960s when Tourigney had just been ordained. It happened when they were 13 to 16 years old. ¹⁰⁰ He was defrocked in 2006. ¹⁰¹

Robert Turnbull was sued for abusing two brothers. As of January 2023, 15 cases of abuse have been settled against him, including the two brothers.¹⁰²

The archdiocese settled the case against Paul D. White, who was sued for molesting an altar boy in the 1960s. ¹⁰³

II: MORE AND MORE SETTLEMENTS KEEP ARRIVING

In 2012, Garabedian announced the names of 12 priests and brothers for whom the archdiocese had settled cases. The new names were Brother Peter-Claver, Father James H. Lane, Father James Nickel, Father Rickard O’Donovan, Father Leonard Walsh, Brother Vincent Jerome, and Father Augustus Scott. The victims on his latest list were abused between 1951 and 1991. They ranged in age from 37 to 67 years old when they reported the abuse, and when they were abused, they were anywhere from 9 to 17 years old.¹⁰⁴

In 2016, Garabedian announced another seven Boston archdiocese lawsuits settled, along with settlements for three religious order priests working in Massachusetts. ¹⁰⁵ Two other settlements were reached with priests from religious orders, as well as a brother who had worked in California before going to Massachusetts. The settlements paid $778,500 dollars for misconduct from the 1930s to the 1980s. A 90-year-old man claimed in June 2014 against James MacGuinness, who abused him from 1938 to 1940 at St. John Church in Roxbury. The plaintiff man died two months after his settlement was reached. The more recent claims involved James Braley, Joseph Byrne and Martin Walsh. Byrne and Walsh were dead and Braley was barred from public ministry. Richard Butler’s case was also settled. The settlement also included claims against Richard Coughlin, who was mentioned above.¹⁰⁶ Garabedian also spoke of claims against James H. Lane and Rickard O’Donovan that he had settled. Lane was a close family friend of the victim he abused, who was molested when he was 10 and 11 and then again at 15. O’Donovan molested Robert Perron over 20 times, when Perron was 9 to 11 years old.¹⁰⁷ Wayne Rogers explained the terrible details of being abused by priests like this.

In 2021, the Boston archdiocese settled two lawsuits with Garabedian’s clients in the “high five figures.”¹⁰⁸ One was against Brian Gallagher, an Irish priest who had already died, and mentioned another priest, John K. Connell. The second involved Patrick J. Tague. Gallagher’s victim said that he was molested when he was 5 and 6 years old, and that Connell also had molested him, at St. Mark’s Church in Dorchester. Two earlier lawsuits against Gallagher by abused brothers in 2017 and 2018 were settled in 2020, but their lawyer Joseph Wadland said the settlement was confidential. The earlier lawsuits displayed Gallagher’s assistance by Paul Shanley, a notorious abuser listed above. Patrick J. Tague, ordained in 1963, was dismissed from the ministry in 2006.¹⁰⁹ He allegedly abused a 16-year-old inmate at a state halfway house in 1971. Later he ran a business and lived in Dorchester. ¹¹⁰ He was defrocked in 2006.

The two Jesuit high schools, Boston College High School and Cheverus High School in Maine, paid 14 survivors of Jesuit James Talbot $5.2 million. ¹¹¹

In 2020, the Order of St. Augustine paid $1.4 million to 11 survivors of priest John J. Gallagher.¹¹²

III: SETTLEMENTS IN THE THREE DIOCESES

1. Fall River

James Porter was a prominent abuser.¹¹³ There were long debates about a settlement in his case because of continued concern that charitable immunity a trial would cap damages at $20,000. Plaintiffs’ lawyer Roderick MacLeish got a strange phone call in the middle of the night suggesting a $2 million settlement. The survivors rejected that. Then another round occurred with more money–$10 million–$100,000 each for 101 clients. We still do not know where the funds came from. But the victims were paid. ¹¹⁴

MacLeish represented more than 100 individuals who were abused by James Porter. From 2001-2004, he had more than 350 victims, including 220 from the Archdiocese of Boston. He was lead counsel in cases involving $85 million and achieved non-monetary awards as well. MacLeish led the nine-day deposition of Cardinal Bernard Law. In 2016, he represented thirty victims in the St. George’s School cases (in Rhode Island).¹¹⁵ In 1992, the Diocese of Fall River settled cases against James R. Porter for more than $5 million, with 68 abuse claims against the priest.¹¹⁶

Porter is still in the news. Yes, even today. On October 11, 2023, one of his victims, 70-year-old Claude Leboeuf, received a five-figure settlement for Porter’s abuse of him when Leboeuf was 8 years old. Leboeuf told reporters that “he buried the memory of the abuse until he was in his mid-60s.”¹¹⁷ Leboeuf’s lawyers asked Massachusetts to improve the statute of limitations for victims of abuse.

Fall River’s Donald J. Bowen was charged with indecent assault and battery of a girl under 14 and lascivious acts on a girl under 16 because he was living in Bolivia and therefore outside the statute of limitations. He pled guilty in 2005 and was sentenced to two years in jail, 10 years probation, and registration as a sex offender. The victim got a $200,000 settlement. ¹¹⁸

A lawsuit by Jason Medeiros against Richard Degagne was settled “in the low to mid six figures” after Medeiros claimed Degagne had abused him repeatedly when he was an altar boy. The abuse occurred in Massachusetts, New Hampshire and Maine. ¹¹⁹

In 2017, the Diocese of Fall River and the Congregation of the Sacred Hearts agreed to an $880,000 settlement with eight men sexually abused by James Nickel, who had since died, when they were altar boys at Holy Trinity Parish in West Harwich. Some of the victims had been abused 50 times over several years. “One of the victims was Chris Piersall, the son of famous Red Sox star Jimmy Piersall.” ¹²⁰ Rick Blakeley was another victim, as was Chris Hopkins, who attempted suicide at age 13.¹²¹ Nickel wrote a letter in 1972 denying allegations against him, and he kept being moved from parish to parish.

Victims settled a lawsuit with Fall River Bishop Daniel Cronin for failure to oversee Maurice Souza, who had abused two 9 and 10-year-olds. Each received $200,000. ¹²²

In 2020, Garabedian released his own list of Fall River abusers: nine clergy and one lay employee, between 1947 and 1986.¹²³ Clergy on Garabedian’s list were John P. Cronin, Edward O. Paquette, Gilbert J. Simoes, Raymond W. McCarthy, James Porter, Jose Avila, Maurice Souza, Daniel Cronin, and Brother Thomas Mulryan. The lay employee was custodian Edward Lopes. An earlier statement included Edward J. Byington and James Buckley. The plaintiffs received $200,000 settlements.

2. Springfield

In 2023, Nancy A. Dunn went back to the Springfield Diocese. She wanted to know why her abuser, Rev. Warren Savage, was still in active ministry at Westfield State University. She says Savage started a sexual relationship with her when she was “vulnerable”; she had been hospitalized before the relationship started. He started a relationship with her while he was counseling her as he had become her therapist after her other therapist died. She was in her 30s. “I thought Warren was God,” she said. In 1997, the diocese ruled Dunn was a target of sexual exploitation but was not a “vulnerable adult.” In 2023, the diocese and other supporters noted that Savage admitted his wrongdoing, had therapy and counseling, and is now doing excellent work for the church. The diocese also noted that Dunn and Savage’s relationship was “consensual.” On consent, one critic noted “That’s preposterous.” The diocese did not pay much attention to Dunn’s 2023 report because they had given her a six-figure check in the 1990s. And the priest was doing excellent work [!].¹²⁴

The law firm Stobierski & Stobierski represented 46 survivors in a 2004 $7.5 million settlement, and 28 of 59 survivors in the 2008 settlement. The priests and numbers of claims follow:¹²⁵

List of Alleged Perpetrators and Number of Claims Against Each

Name Total 2004 2008

Richard Lavigne 31 24 7

Francis Lavelle 4 2 2

John Koonz 4 3 1

Joseph Jenness 4 1 3

David Welch 3 1 2

Richard Meehan 3 1 2

Ronald Wamsher 3 0 3

Ernest Huller 2 2 0

Ronlad Malboeuf 2 2 0

Alfred Graves 2 1 1

Leo Landry 2 1 1

Eugene Dranka 2 2 0

Edward Kennedy 2 1 1

Donald Desilets 2 1 1

Monsignor Leary 2 0 2

Donald Dube 1 1 0

John Bonzagni 1 1 0

Paul Boudreau 1 1 0

Thomas O’Malley 1 1 0

Clarence Forand 1 1 0

Andre Corbin 1 1 0

Michael Devlin 1 0 1

Gerald Beauregard 1 0 1

Frederick Dion 1 0 1

Vernon Kelly 1 0 1

John Scanlon 1 0 1

Father Menge 1 0 1

Thomas O’Connor 1 0 1

George Paulin 1 0 1

Michael Sabotor 1 0 1

Thomas McCarthy 1 0 1

Thomas Dupre 1 0 1

Leo Landry 1 0 1

John McNamara 1 0 1

Springfield settled a 1993 case against Albert Rene Blanchard for a girl who had a relationship with him during counseling in 1971, when she was 15. ¹²⁶

Joseph Albert Fredette’s 1993 lawsuit was settled in 1994 for $100,000. ¹²⁷

The diocese settled 17 claims against Richard Lavigne for $1.4 million in 1994. ¹²⁸ He received a stipend until he was defrocked in 2004. In November 2023, the Springfield diocese acknowledged new findings of abuse against Lavigne, as well as Stigmatines Joseph E. Flood and J. Victor Carrier.¹²⁹

Springfield settled a lawsuit filed in 2003 alleging John J. Bonzagni had fondled a girl repeatedly. Her case was part of the diocese’s 2004 $7.5 million settlement between the diocese and 45 other claimants against 18 priest abusers. The diocese later cleared Bonzagni and he continued to work in the diocese as leader of parishes and co-vicar of the diocese. ¹³⁰ Michael H. Devlin was also included in the settlement.¹³¹ The 18 priests (number of accusers in parentheses): “John J. Bonzagni (1) assigned to St. John The Baptist Parish, Lee; Paul T. Boudreau (1) abandoned priesthood; John Corbin (1) abandoned priesthood; Eugene Dranka (2) deceased; Donald V. Dube (1) deceased; Clarence Forand (1) retired; Alfred Graves (1) removed from all ministry; E. Karl Huller (2) deceased; Roy Jenness (1) deceased; Edward M. Kennedy (1) removed from all ministry; John A. Koonz (3) removed from all ministry; Francis P. Lavelle (2) removed from all ministry; Richard R. Lavigne (24) defrocked; Ronald Malboeuf (2) defrocked; Richard F. Meehan (2) removed from all ministry; Thomas F. O’Malley (1) deceased; David Welch (1) deceased. The identity of one priest was pending.”¹³²

Donald A. Desilets’ case was part of Springfield’s 2004 and 2008 settlements. Desilets was barred from public ministry in the 1990s after allegedly molesting two boys. ¹³³ A victim of Daniel L. Gill, who alleged abuse from ages 8 to 12, received a 2008 settlement; the diocese told her another woman also had claimed abuse.¹³⁴ Vernon Kelly’s case was included in the 2008 settlement.¹³⁵

Roy Jenness was charged in 2003 by four brothers. One settled in 2004; the other three in 2008.¹³⁶

Edward Michael Kennedy settled an abuse case in 1994 for $20,000. Then he was named in three suits from 2003 and 2004. One of his claims was settled in Springfield in 2008.¹³⁷

John Koonz was also part of the 2008 settlement. Another lawsuit against him was filed in January 2005. ¹³⁸

Francis Patrick Lavelle settled two claims in 2004 and two more in 2008.¹³⁹

Timothy J. Leary of Springfield settled two lawsuits in 2008. ¹⁴⁰

John Davitt McNamara also was included in the 2008 Kennedy settlement. ¹⁴¹

Richard Francis Meehan settled two lawsuits in 2004, and another two in 2008. ¹⁴²

Thomas Joseph O’Connor was included in the Springfield 2008 settlement, which was one of several suits against him. ¹⁴³

Richard O’Hearn was also part of the 2008 settlement.¹⁴⁴

David P. Welch settled one lawsuit in 2004 and two in 2008.¹⁴⁵

Springfield’s Thomas Ludger Dupre was named in 2008 and 2009 for assigning abusive priests to other parishes. Rape cases against him were not tried as they were too late. Those cases, which were settled in 2012,¹⁴⁶ included 59 victims.¹⁴⁷

In 2008, the Springfield Diocese paid $4.5 million to 59 sexual abuse survivors. Included in that settlement were claims against Gerald R. Beauregard¹⁴⁸ and Frederick George Dion.¹⁴⁹ A news story reported that since 1992, Springfield had paid $14,948,001 to settle 147 claims. ¹⁵⁰

Bishops who oversaw Springfield’s Alfred C. Graves were sued in 2009 for their failures of oversight. That case was settled in 2012 for $500,000.¹⁵¹ Graves’s case was part of the 2008 settlement.

The Springfield Diocese settled claims after being sued, in 2013, along with the pastor of a church for abuse by Paul J. Archambault. Archambault died by suicide in 2011. ¹⁵² The church had received many previous complaints about his abuse.¹⁵³

Early lawsuits against Ernest Karl Huller were part of the 2004 settlement. A third charge was deemed credible by the diocese in 2020 and was settled “in the low five figures.”¹⁵⁴

2. Worcester

Henry S. Banach, sued by John Doe, settled in May 2005.¹⁵⁵

Richard Carelli settled three John Doe cases.¹⁵⁶ Carelli, a school principal, would call students into his office and abuse them.

Jean-Paul Gagnon settled a civil suit in 2004. ¹⁵⁷

Peter J. Inzerillo settled a 1999 civil suit for $300,000. He was sued again in 2004. ¹⁵⁸

Thomas A. Kane settled a lawsuit in 1995 for abusing a boy from 1968 to 1979.¹⁵⁹ The settlement agreement, now available online, includes defendants Timothy J. Harrington, Bernard J. Flanagan, and the Bishop of Worcester. ¹⁶⁰

Thaddeus J. Kardas settled a suit in 1995 for $55,000. A woman alleged he had kissed and caressed her when she was 11 years old. ¹⁶¹

Robert E. Kelley settled a 1993 civil suit in 1997 for $527,000. Two other lawsuits were settled in 2006:¹⁶² Karen Pedersen’s lawsuit against Kelley and the diocese¹⁶³ and Jane Martin’s suit against Kelley. ¹⁶⁴

Brendan W. O’Donoghue settled a 1978 assault case in 1999 for $300,000. A second lawsuit settled in 2001. Other suits were filed in 2002 and 2004. The 2004 suit, by plaintiff Daniel Cronin, had Worcester bishops John J. Wright and Bernard J. Flanagan as co-defendants.¹⁶⁵

Robert A. Shauris, one of the unnamed priests, was involved in a 1995 settlement of his 1993 lawsuit. In 2002 he was accused of abuse by two boys in the mid-1980s. Those cases settled. He was defrocked by the diocese. ¹⁶⁶

Garabedian settled a lawsuit against Gerard P. Walsh, who had written a confession of his abuse. ¹⁶⁷

IV: CONCLUSION

Yes, that many settlements. Amazing.

But I still have more things to tell you. Lawsuit blockers, criminal convictions, civil cases and settlements are not enough. My last blog in this series will identify other people whose names have been mentioned in connection with abuse.

And I will show you the lists of abusers that the churches have identified. They have not identified all of them, just some.