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Catholic Church Faces Criticism Over Legal Strategy

Aired April 30, 2002 - 12:32   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: The Catholic Church in Boston faces new criticism in the priest sex abuse scandal -- Cardinal Law and church lawyers now mounting a legal defense that suggests the alleged victims and their parents may be partly to blame.

Jason Carroll now on the reaction, the angry reaction from the plaintiffs in Boston.

(BEGIN VIDEOTAPE)

JASON CARROLL, CNN CORRESPONDENT (voice-over): To say Cardinal Law has a public-relations problem would be a severe understatement. He faces critics who want his resignation, parishioners who are unsure he can lead, and a number of alleged victims who say he is insensitive. Now the parents of an alleged victim say the archdiocese has gone too far.

PAULA FORD, MOTHER OF ALLEGED VICTIM: I think they are cruel. It is downright cruel. I mean, these are the works of -- really, they are out to get us. I could see that. It's their only defense.

CARROLL: Rodney and Paula Ford are outraged over what they read in this document. It's a legal response from the Archdiocese of Boston to the Ford's civil lawsuit they filed against the church and Father Paul Shanley, who they say sexually abused their son Greg when he was a child.

The document in part says the Fords and their son were partly to blame for what happened. It says -- quote -- "The negligence of the plaintiffs contributed to cause the injury or damage complained of."

RODNEY FORD, FATHER OF ALLEGED VICTIM: And they want to blame my wife, myself and my son. What a disgrace. I'm ashamed again to call myself a Catholic.

P. FORD: We've been talking as a family saying to him: "Greg, you were 6 years old. It's not your fault." And in one fell swoop, a legal complaint comes out and just throws it all out the window.

CARROLL: Legal experts say what the Fords read is boilerplate legalese, common in these types of cases. But one attorney who represents 25 alleged victims of priest abuse says the language is unnecessary and confrontational.

CARMEN DURSO, ATTORNEY: It just flies in the face of common sense to enrage people with this kind of language.

(on camera): We asked the Archdiocese of Boston to talk to us about this latest controversy, but they did not return our calls. Neither did the law firm that represents them.

(voice-over): The Fords hope they will learn more about what the archdiocese meant in the legal response when their attorney deposes Cardinal Law in June.

Jason Carroll, CNN, Boston.

(END VIDEOTAPE)

HEMMER: Let's try and wade through some of the jargon now involved in this story with Jason Carroll. Let's turn to our legal analyst, Jeffrey Toobin, live in New York, to talk about it.

Jeff, good afternoon. Good to see you.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, Bill.

HEMMER: Help us wade through this. What does it sound to you, boilerplate language, legalese talk? What is the suggestion?

TOOBIN: Well, this is a negligence case against the archdiocese, saying that they did not supervise Father Shanley adequately.

And a lawsuit begins with what is called a complaint. And then the next step is the defendant's file, what is called an answer. And this was the answer. And it is boilerplate, generally, to say, well, if the plaintiff says you are negligent, the defense response is that, "Well, the plaintiffs were also negligent, which would set off our damages."

That is boilerplate, but it just shows that you can't -- that this story is not just a legal story, of course. And this reaction is to be expected.

HEMMER: One wonders if it does more harm than good. This is not a company. It is a church.

TOOBIN: Well, see, that is what -- this story underlines the incredible dilemma the archdiocese all across the country are facing, because, on the one hand, they have got to try to restore confidence of both the laity and the public at large. They have got to show that they are sensitive, that they are making changes.

On the other hand, these lawsuits are out there. And I don't think anyone thinks that the church can afford or really should pay every plaintiff whatever plaintiffs want. And the problem is, well, then, how do you decide what you are going to pay? You have got to fight these lawsuits. And they are going to fight them. And lawyers are not used to arguing public-relations points in a case like this. They just try to win. And here, this incredible, extremely insensitive comment is just part of how lawyers defend these kind of cases. HEMMER: A couple of basic legal questions: depositions to take place Thursday, I believe, with Father Shanley, according to Jason Carroll's report. In June, Cardinal Law will be deposed. How will those depositions advance the current issue here?

TOOBIN: Well, the Shanley deposition, if it actually happens -- because no one really knows where he is. The lawyers have expressed confidence that he is going to show up for his deposition. But he has moved to California. And he has been basically unreachable for quite some time.

They will ask him directly to go through his relationship with the Ford boy and any other boys. And also -- importantly, I think -- they will go through how he was supervised, how he was disciplined by the archdiocese, because the real money here, the real money to be gotten by the plaintiffs is not from Shanley, who does not have any assets, but it's from the archdiocese. So, the real issue here will be: How much was he supervised?

HEMMER: Thank you, Jeff. We will talk again.

TOOBIN: OK.

HEMMER: Jeff Toobin in New York.

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