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Priest-abuse victims group ordered to open its files

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December 31, 2011|By Jim Suhr and Rachel Zoll

ST. LOUIS - An advocacy group that has relentlessly pressured Roman Catholic leaders to reveal the scope of sex abuse in the church has been ordered to disclose records to one priest’s defense lawyers that could include years of e-mails with victims, journalists, and others.

The Survivors Network of those Abused by Priests has so far failed to block the ruling by a judge, which requires the organization to produce the documents and also allows defense attorneys to depose the network’s national director, David Clohessy, on Tuesday. The Missouri Press Association has filed a friend-of-the-court brief arguing that the order is unconstitutional.

Jackson County Circuit Court Judge Ann Mesle said Clohessy must comply because he “almost certainly has knowledge concerning issues relevant to this litigation.’’ Mesle argued that Clohessy is free to not respond to specific questions at the deposition and can request individual documents remain confidential.

Mesle issued the order in one of five abuse lawsuits against the Rev. Michael Tierney and the Diocese of Kansas City-St. Joseph. The plaintiff, identified only as John Doe, B.P., said he was 13 when Tierney attacked and molested him in the 1970s. All lawyers involved in Tierney’s case are under a gag order.

Defense lawyers sought the documents as evidence that the accuser’s attorney, Rebecca Randles, violated the gag order by giving details of the case to the Survivors Network. The defense claims the group then printed the information in a press release.

Tierney has denied any wrongdoing. Last June, the diocese barred him from any public church work and from presenting himself as a priest.

Under the ruling, the network must produce all documents or correspondence relating to Tierney, the diocese, any priest currently or formerly associated with the diocese, the Survivors Network communication with the plaintiff, and any documents related to repressed memory. The plaintiff in the lawsuit said he had repressed memories of the assault for years. The National Catholic Reporter, an independent publication that has spearheaded coverage of clergy abuse, first reported the order for the documents yesterday.

In a statement, Clohessy called the defense request “a bullying effort’’ that invades victims’ privacy. He said the order was so broad that it could require him to produce documents involving whistle-blowers, victims, parishioners, parents, and journalists in other cases with no direct connection to Tierney or the diocese.

“We are going to take every possible legal step to prevent the disclosure of information concerning SNAP members and supporters, including those who have been sexually abused,’’ said Jeff Jensen, Clohessy’s attorney.