BSA abuse suspects files sought

[shortridge]

Journalists seek Scouts' files on abuse suspects

 

By TIM FOUGHT

The Associated Press

Monday, June 14, 2010; 4:51 PM

 

PORTLAND, Ore. -- News organizations asked a Portland judge on Monday to make public more than 1,000 files on suspected child molesters - records a jury used in April when it found the Boy Scouts of America liable for $20 million in damages.

The Oregon Constitution's requirement for open courts requires the release of the files that were evidence in the case of Kerry Lewis, a man abused in the early 1980s, the organizations' lawyer argued in court.

The Scouts' lawyer said the judge has discretion with such records and releasing them would damage the Scouts' ability to get a fair trial in upcoming abuse cases. Five more await trial in Portland.

 

http://www.washingtonpost.com/wp-dyn/content/article/2010/06/14/AR2010061403340.html

[Eagle92]

BSA is in a damned if we do, damned if we don't situation. By trying to prevent the information from being released it will look as if we have done nothing to prevent this form happening, when in fact we have. But by not contesting the release, that information may harm the victims of abuse again. Also there are some folks whose names are in the files due to hearsay and accusations. It could be damaging for them, even if they have done nothing wrong.

[evmori]

Did the Catholic church have to release similar documents?

[RememberSchiff]

Yes.

Oct, 2009

http://www.nytimes.com/2009/10/06/nyregion/06abuse.html

 

"The United States Supreme Court on Monday rejected a request by the Roman Catholic Diocese of Bridgeport to delay the court-ordered release of thousands of legal documents from lawsuits filed against priests accused of sexually abusing children."

 

After losing that, the Bridgeport Diocese is lobbying for a change in the statute of limitations on such claims.

http://www.bridgeportdiocese.com/legalert-HB5473-faq.shtml

 

I believe the Boston diocese was required to do so earlier (2003?) by Massachusetts State court. When in Rome, say hello to ex-Boston Cardinal Bernard Law.

 

My $0.01,

[BadenP]

Schiff

 

Bernard Law fled the country and took refuge in the Vatican when he learned the Mass. State AG had filed a warrant for conspiracy charges against him in the Mass. priest abuse cases. I can hear him now screaming "Sanctuary".

[BklynEagle]

Yeah, the Bernard Law situation is one royal example of a FUBAR, as well as pretty poor politics, not to mention a lack of common sense or decency, on the part of some in the Curia. Ideally, and I say this as a fairly uptight Catholic (as BadenP can confirm), Bernie boy should have met a situation similar to that which the Boston priest Geoghan ended up meeting. Somehow I don't think St. Peter was there to greet the latter, nor will he be there to greet the former...

[evmori]

St. Peter will be there to direct him to the "other" door.

[OldGreyEagle]

Judge not, least ...

[BadenP]

OGE

 

He has already been judged and will be forced to live in exile for the rest of his life parading around in his robes pretending to be the pious humble cardinal. When in fact he is a modern day version of the very hypocritical and pompous priests Jesus condemned in his day. He has been charged by human law, given asylum by church law, and will receive his final judgement by the ultimate authority.

[OldGreyEagle]

I realize I am naught but a lowly catholic, who knows nothing but,

 

I do seem to remember being taught at one time that God was all loving and regardless of the transgression, if we are truly sorry for our actions, he will forgive us.

 

I do not feel the need to exercise an opinion as to the final destination of others, that is for Him to decide. I will concentrate on where I will end up.

 

Note, his behavior was reprehensible, but for anyone to profess to predict his final judgement seems a bit far fetched for we do not know his heart.

[BadenP]

Back to the topic, since the BSA has freely admitted the exsistence of these files every attorney representing one of the victims of abuse will be requesting copies if they feel they will benefit their client in any way, even if it may cause problems to other people on the periphery in the process.

[packsaddle]

(This message has been edited by packsaddle)

[Abel Magwitch]

Eagle92 writes - Also there are some folks whose names are in the files due to hearsay and accusations. It could be damaging for them, even if they have done nothing wrong.

 

 

If the BSA has "secret" files on people based on hearsay and accusations, then the BSA takes a chance on libel.

 

Has the BSA dismissed volunteers because of hearsay? Have volunteers been dismissed without giving the person a reason why?

 

I say release the files. People should have the right to defend themselves if their good name, reputation and character are being challenged based on hearsay and accusations.

[Eagle92]

AM,

Yep the BSA has dismissed leaders for hearsay, which is one reason why they will not release the info without a court order. My understanding is that the court order protects them from libel suits since they are being ordered byt he cours to release that info. I'll give you two examples of that.

 

One example was the leader who was has his membership revoked b/c he "took his scouts in uniform to a bar." This guy was in the files temporarily while his appeal to national, which he won, was was in process. The reason why he took scouts to a bar: bus broke down and the nearest place to make a phone call was a bar. Scouts stayed outside, while he went inside, in uniform, and made phone calls. One of the patrons coming in saw the scouts outside, saw the leader inside, and called the council on him. This case was sometime in the 1940s to 60s, and the info was released in a previous case, and used in a book on this topic.

 

Another case I know of invovled a leader coming back from the showers and sees a scout out after hours upt to mischief. leader tries to correct scout and get them back to the campsite. Scout accused the leader of improper conduct and leader was dismissed. Knowing both the leader and scout personally, I side with the leader's version of the story, but national's goal is to protect the youth. But I must admit I am biased; the "scout" lied about me and 2 other leaders about an event at a NOAC. Only after his 3 buddies admited to lying did he 'fess up. In that case, leader was so ticked off, esp. since this was after the incident with me and 2 other leaders, they got fed up with the BSA and didn't appeal it. The leader was very well respected in scouting: DAM, SB, and was supposed to undertake the Vigil untilthis occured. No one was happy.

[Abel Magwitch]

Then quite frankly - shame on the BSA. If the BSA has to turn over the secret documents and it is found that they have committed libel, so be it. To me, these secret files are morally wrong for an organization that claims strong character and timeless values.

 

just my $.02