Church sued for damages in molest cases

by Dennis J. Opatrny,
Elizabeth Fernandez,
and Stephanie Salter
Monday, May 15, 1995, San Francisco Examiner

Nine men who claim they were molested by priests say the San Francisco Archdiocese and Archbishop John Quinn should be made to pay punitive damages for covering up priestly pedophilia -- to teach the church a lesson.

"Church officials entered a conspiracy to move child molesting priests from parish to parish and from diocese to diocese, seeking to move perpetrators away from (the boys) rather than away from the opportunity to molest," court documents assert.

Michael Meadows, an attorney for the men, said what the church did "is more than just covering up, it's actually taking affirmative steps to move priests" to avoid further embarrassment to the church.

"They tell (parishioners) it's basically church business and the church will take care of it, without ever intending to do anything to address the problem," Meadows said.

The allegations appear in a motion asking that a jury be allowed to decide whether the alleged victims should be paid both punitive and compensatory damages.

Punitive damages, aimed at detering and punishing particularly egregious behavior, are calculated on how rich the defendant is and how reprehensible the action was.

The demand for punitive damages is part of a larger lawsuit filed last year against the archdiocese, the Diocese of Santa Rosa, Quinn, and the alleged pedophile priests: Monsignor Patrick O'Shea, the Rev. Gary Timmons, the Rev. Austin Peter Keegan and others.

The church is accused of sheltering Keegan and Timmons by transferring them to new parishes after learning of alleged molestations. O'Shea was relieved as pastor of St. Cecilia's in the Parkside District last year after allegations against him were made public.

Keegan has since fled to the Mexican state of Baja California, where he reportedly works in an orphanage. Timmons was placed in an unnamed residential care home by Bishop Patrick Ziemann of Santa Rosa after allegations were made against him.

A hearing on the motion for punitive damages will be held Thursday before Superior Court Judge William Cahill.

Paul Gaspari, attorney for the church and Quinn, said he would oppose the effort to seek punitive damages, saying it was premature.

"We believe it is not supported by the evidence," Gaspari said. "It's basically being used as an unfair litigation tactic."

Included in the new legal papers is a sworn statement from a priest and parochial school teacher -- the Rev. William Finn -- that he told church higher-ups of alleged molestations by Timmons but that no action was taken.

Finn, who taught at Cardinal Newman High School in Santa Rosa from 1973-84, said he discussed the allegations with Bishop Mark Hurley, a defendant in the lawsuit, and was told "that he would look into it and deal with any possible problem."

Hurley, "guaranteed me he would take care of the problem," Finn said,

adding, " . . . I know that Bishop Hurley and other members of the clergy in Santa Rosa knew of and did little to address the potential problem of two priests and one seminarian who were assigned to the Diocese of Santa Rosa."

A sworn declaration by Camille Hartmann of Rohnert Park said that in 1980 Keegan took her son, Stephen, for an overnight trip to the home of Rick Barry, a former all-star forward with the Golden State Warriors basketball team.

After Keegan returned her son the next day, Hartmann said, the youth told her that the priest had forced him to hold his genitals during the night.

She said she complained to Hurley, who "assured us that Father Keegan would have no further contact with children and that he would receive counseling."

Joan Goodwin of Napa said in her sworn statement that she was told by several parents of Keegan's sexual activities involving boys.

Goodwin said one story accused Keegan of "molesting a jockey's son in 1974 and the jockey reported this incident to (former) Archbishop Joseph McGucken and the San Francisco Police Department."

She said the priest was reportedly sent to Seton Hospital for treatment.


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