Rep. Jason Spencer Responds to Statement from Georgia Chamber
ATLANTA— State Representative Jason Spencer (R-Woodbine) today issued the following response to a statement recently released by the Georgia Chamber of Commerce, with regards to House Bill 17, the Hidden Predator Act:
“The statement issued by The Georgia Chamber’s stating that they believed applying a “willful misconduct” standard of negligence would be a reasonable protection for entities is a significant departure from current case law in Georgia. According to the nation’s leading expert on statute of limitations reform, Professor Marci Hamilton, “The Chamber is saying, where an organization knew or should have known they were harboring a pedophile, they are off the hook. That will keep Georgia in the worst state category and a magnet for child sex trafficking.” The Chamber of Commerce did make an attempt to amend the bill in committee offered by Majority Leader Bill Cowsert (R-Athens), but the amendment failed to pass. The Chamber’s amendment failed because of the committee members’ dedication to passing a well-rounded piece of legislation. Georgia case law requires that an entity be held liable for negligent acts when they “knew or should have known” that a risk to harm others is reasonably foreseeable (Munroe v. Universal Health Services,Inc. 2004). I believe The Chamber inadvertently supported a standard of “willful misconduct” that would have made the bill “predator friendly” and effectively placed a burden of proof on survivors of childhood sexual abuse that does not exist in any other state. This would essentially provide immunity to businesses and organizations that have knowingly covered up abuse.
“There was courageous and compelling testimony from many survivors throughout the committee process. Also in favor of the bill, Mike Griffin, speaking on behalf of the Georgia Baptist Convention, who testified to the organizations overwhelming support and commended all involved for working to protect children. It is my hope that the leadership demonstrated by the Georgia Baptist Convention will encourage other religious organizations and non-profits in Georgia to join our efforts in ensuring justice for all Georgians.
“The failure of the Chamber’s amendment and the passage of the bill out of the Senate Judiciary Committee was a victory for child rape victims in Georgia. I was honored to be of service and witness our government working for the people.”
Representative Jason Spencer represents the citizens of District 180, which includes Camden, Charlton, and Ware counties. He was elected into the House of Representatives in 2010, and currently serves as the Secretary of the Special Rules Committee. He also serves on the Game Fish & Parks, Human Relations & Aging, and Juvenile Justice committees.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-03-25 20:30:582015-03-25 20:30:58Rep. Jason Spencer Responds to Statement from Georgia Chamber
Raymond McCloude raped her on April 24, 1994. And, no one believed her. The detective assigned to her case wrote in the report that the case “couldn’t be prosecuted” because the victim was a “crackhead.” It’s no wonder she left the hospital before being examined. No one believed her.
I did.
On Jan. 31, 2008, the morning of trial, McCloude pleaded guilty to rape. There was no DNA evidence linking him to that crime; it was not a cold case sitting on a shelf magically brought to life by new technology. Sadly, he raped another woman and I was one of the prosecutors handling that case. Because another dedicated prosecutor and an amazing detective joined me in the fight for justice, we tracked down the victim and told her three simple words, “we believe you.”
Fourteen years after she was raped, she received the small measure of justice she so desperately deserved.
I spent over a decade as a criminal prosecutor and never understood why rape, an offense I call soul-murder, carries a 20-year statute of limitations. Now, as a legislator, I have an obligation to correct that woeful legal flaw.
I was delighted to hear that other legislators were introducing a bill in both the Senate and the House addressing the issue. And then, I read it. House Bill 6 and Senate Bill 13 aim to extend the statute of limitations 20 additional years on rape only in cases where “DNA implicates an identified person.”
What does that mean? Who will make the determination of “implication?” What’s the standard for “implication?” Does the DNA have to come from the rape kit or can it come from the environment where the crime occurred? When I asked those questions — all of them, there were no answers. Just the echoing response of, “we have to do something and we think this could pass.” It probably will. I have no idea how I will vote.
We need to go further.
This legislation isn’t only empty and devoid of true hope for all victims; it does worse. It creates a second-class victim. It immediately made me think of her, the victim — now, survivor. Her, whose case wouldn’t matter in this new legislation. Sure, we found her within the already existing 20-year limit and we forced the wheels to turn for her. But, what if her champions just found her today? This new legislation tells her that her case “cannot be prosecuted.” This legislation tells her and all other victims whose cases don’t bear DNA fruit, “we don’t believe you.”
Requiring DNA evidence to “implicate an identified person” first requires an entity to make that implication: The detective? A detective isn’t a DNA analyst. They don’t have the training to unlock the science the DNA analyst works through every day. The DNA analyst working for the Attorney General’s Office?
Real life isn’t CSI or Law & Order. The scientists don’t take the stand, hold the evidence in one hand and point at the bad guy with the other and say, “this is his DNA! It was him!” Instead, they use statistics and probability and talk about how often the DNA profile would occur in certain populations. The analysts’ job is science, and to put them in the position of implicating the suspect removes the impartiality required for their job.
The next question is, what will the standard for implication be? DNA profiles that occur one in 6,000? Six million? Six trillion? Where must this evidence come from — the rape kit or the crime scene? When does the “implication” become official and the clock starts to run?
These concerns speak nothing to the rights of the implicated — the alleged rapist. There is a standard in the law called “rational basis.” There must be a rational basis to treat one rapist differently than another. A barely competent defense lawyer could make an argument that, just because there is forensic evidence in his client’s case, his client should be treated no differently than the rapist who committed his offense on video but left no DNA behind.
Lifting the statute of limitations on rape does not mandate a case be prosecuted. It merely gives the prosecutors discretion to advance a case to grand jury. The argument that statutes of limitations are in place because memories fade and evidence diminishes is trite: There is no statute of limitations on aggravated murder. The state of Ohio can put a defendant to death for that within any time frame, no forensic evidence necessary.
I want to lift the statute of limitations on rape. Period. No DNA required. Just good police officers and ethical, determined prosecutors. I believe in them and in our victims. So should the rest of our state legislators. #liftthestatute
Greta Johnson, a former assistant prosecutor for the city of Akron and for Summit County, represents the 35th District, covering part of Akron and the city of Barberton, in the Ohio House.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-03-22 21:36:072015-03-22 21:36:49Greta Johnson, Proposed changes to Ohio rape statute of limitations don't go far enough, Columbus.com
Walter Johann Happel, 63, appeared tired in court Thursday, where he pleading guilty to five charges: one count each of first- and second-degree criminal sexual conduct, one count each of second- and fourth-degree interfamilial sexual abuse and one count of surreptitious invasion of privacy.
Happel will be sentenced to 120 months in prison per his plea deal, according to the Ramsey County Attorney’s office.
The criminal sexual conduct charges relate to instances as far back as 1984, in which Happel sexually abused several children, including his niece, two nephew and a neighbor child.
He admitted to sexually assaulting his 15-year-old nephew on two separate occasions at his home in St. Paul in 1984. Happel also told the judge he sexually abused a boy who lived near his home between 1986 and 1988.
Happel also pleaded guilty to spying on an 11-year-old boy in a student bathroom at Linwood Monroe Arts Plus School in 2014. Several students told investigators Happel would stand next to them at the urinals and stare at their genitals. He also would peek under and over bathroom stalls while students were using the toilets.
Other victims of Happel’s abuse came forward after he was fired for Linwood last year.
Ramsey County Attorney John Choi says he is relieved that Happel took the plea deal, and is finally being held accountable for his crimes — which spanned more than 30 years.
“This plea spares all his victims, especially the young children, the added stress and trauma of having to relieve those experiences by testifying in court,” Choi said.
Prosecutors said all other charges against Happel will be dismissed with this plea agreement. Happel’s son had also claimed to be a victim of his sexual abuse from age 4 to his early teens, but the attorney’s office said many of the allegations weren’t included in charges because of the statute of limitations.
Happel worked for the district for almost 30 years.
Per the plea agreement, he will officially be sentenced on May 7.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-03-22 17:11:202015-03-22 17:11:20Fmr. School Worker Pleads Guilty To Child Sex Abuse
Idaho residents should contact their personal Representative AND click link below
On Monday, the Idaho Senate will vote on House Bill 113 A Senate committee recently improved it after I and other child advocates testified against it. But it’s still dangerous and we’re worried.
While the Senators did attempt to fulfill a request we made to exempt parents who abuse or neglect children (including medical and educational neglect), they only included language that states that this bill should not be construed to protect parents who violate Idaho’s current child abuse & neglect statutes, which, tragically, include exemptions for parents who medically neglect their children by “treating” them only with prayer.
Also, the bill encourages parents to sue school districts, doctors, CPS, police, or anyone else they feel has violated their “fundamental rights.”
HOW YOU CAN HELP (We’ve made it easy!): Go to our #ProjectIdaho page. There is a link at the bottom that allow you to send an email to every Idaho Senator with one click.
Thank you for your support!
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-03-22 17:02:022015-03-22 17:02:02Idaho Alert: Danger to Children
BILLINGS, Mont. – Hundreds of victims of clergy sex abuse that spanned decades in Montana stand to receive payments totaling about $20 million, after a federal judge on Wednesday confirmed the bankruptcy reorganization plan for the Roman Catholic Diocese of Helena.
U.S. Bankruptcy Judge Terry Myers approved the plan during an hour-long court hearing in Coeur d’Alene, Idaho, in which representatives of both victims and the diocese voiced their support.
More than 360 abuse claims will now go through an adjudication process to determine final payment amounts. Each allowed claim will receive a minimum of $2,500, and attorneys involved in the case said only a handful of the claims are considered dubious.
A $920,000 trust will be established for victims who come forward in the future.
The diocese filed for bankruptcy last year to resolve abuse claims that prompted lawsuits in state court from two groups of victims in 2011.
The majority of abuse occurred at the hands of Jesuit priests at the Ursuline Academy and the St. Ignatius Mission, both in St. Ignatius, Montana. The abuse ranged from rape and fondling, to perpetrators taking sexual photographs of children. It began in the 1930s and continued through the 1970s, according to court documents.
The average age of the victims at the time of abuse was 10 years old.
“Nothing will take away what happened,” said Molly Howard, an attorney for the victims. “For our clients, it’s recognition that the church has accepted what occurred, and they’ve been validated in terms of (the church) believing what happened.”
About half the claimants are women, and most are now between 50 and 69 years old, according to court documents.
The vast majority of victims supported the diocese’s bankruptcy reorganization proposal in a vote on the plan that ended last week, according to court documents and attorneys. Most payments to victims are expected to be distributed by mid-April, according to attorneys in the case.
Bishop George Leo Thomas said during Wednesday’s hearing that it took courage for the victims to come forward. He added that the diocese has suffered “profound sorrow” over the revelations of abuse.
“The victims and survivors in our Diocese of Helena are believed and deeply respected,” Thomas said.
As part of the settlements of victims’ claims and to guard against future abuse, the diocese also agreed to training and background checks for clergy, lay leaders and church volunteers and to conduct psychological screening of seminarians.
The diocese will post on its website the names of all known past and present perpetrators who are identified in sexual abuse claims or in the lawsuits. A disclosure statement filed in the case listed 22 perpetrators by their full names and another 20 whose first or last names aren’t known.
Some of those steps had been taken voluntarily by the diocese before Wednesday. But because they were included in the bankruptcy, confirmation of the plan means they are now enforceable by court order, said attorney Jim Stang, who represented the victims and other creditors in the case.
In approving the settlement and confirming the diocese’s reorganization plan, the bankruptcy judge commended both sides for negotiating a deal that allowed them to avoid years of costly and acrimonious litigation, as seen in other clergy sex abuse cases across the U.S.
“That’s a singular achievement,” Myers said.
Insurers for the diocese will contribute $14.4 million to a trust set up for payments to victims. The diocese also has asked for court approval to take out a $3.5 million loan. Of that amount, $2 million would go to the trust and to cover administrative and operating expenses.
As part of a second settlement, $4.45 million will be contributed by the Ursuline Sisters of the Western Province to settle claims over abuse at its boarding school in St. Ignatius.
Only one church property with operations on it — the Legendary Lodge south of Seeley Lake — was sold as part of the bankruptcy, Helena Diocese spokesman Dan Bartleson said. He added that the church was able to lease the lodge from its new owner, The Foundation for the Diocese of Helena, and will continue to run a summer camp program on the site.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-03-18 17:01:532015-03-19 17:05:23Federal judge confirms plan that settles hundreds of Montana clergy sex abuse claims., Fox News
Ann Keil, Orlando Woman Looks to Extend Florida Rape Law, My Fox Orlando
/in Florida /by SOL ReformOrlando woman looks to extend Florida rape law – FOX 35 News Orlando
Rep. Jason Spencer Responds to Statement from Georgia Chamber
/in Georgia /by SOL ReformRep. Jason Spencer Responds to Statement from Georgia Chamber
ATLANTA— State Representative Jason Spencer (R-Woodbine) today issued the following response to a statement recently released by the Georgia Chamber of Commerce, with regards to House Bill 17, the Hidden Predator Act:
“The statement issued by The Georgia Chamber’s stating that they believed applying a “willful misconduct” standard of negligence would be a reasonable protection for entities is a significant departure from current case law in Georgia. According to the nation’s leading expert on statute of limitations reform, Professor Marci Hamilton, “The Chamber is saying, where an organization knew or should have known they were harboring a pedophile, they are off the hook. That will keep Georgia in the worst state category and a magnet for child sex trafficking.” The Chamber of Commerce did make an attempt to amend the bill in committee offered by Majority Leader Bill Cowsert (R-Athens), but the amendment failed to pass. The Chamber’s amendment failed because of the committee members’ dedication to passing a well-rounded piece of legislation. Georgia case law requires that an entity be held liable for negligent acts when they “knew or should have known” that a risk to harm others is reasonably foreseeable (Munroe v. Universal Health Services,Inc. 2004). I believe The Chamber inadvertently supported a standard of “willful misconduct” that would have made the bill “predator friendly” and effectively placed a burden of proof on survivors of childhood sexual abuse that does not exist in any other state. This would essentially provide immunity to businesses and organizations that have knowingly covered up abuse.
“There was courageous and compelling testimony from many survivors throughout the committee process. Also in favor of the bill, Mike Griffin, speaking on behalf of the Georgia Baptist Convention, who testified to the organizations overwhelming support and commended all involved for working to protect children. It is my hope that the leadership demonstrated by the Georgia Baptist Convention will encourage other religious organizations and non-profits in Georgia to join our efforts in ensuring justice for all Georgians.
“The failure of the Chamber’s amendment and the passage of the bill out of the Senate Judiciary Committee was a victory for child rape victims in Georgia. I was honored to be of service and witness our government working for the people.”
For more information on HB 17, please click here.
Representative Jason Spencer represents the citizens of District 180, which includes Camden, Charlton, and Ware counties. He was elected into the House of Representatives in 2010, and currently serves as the Secretary of the Special Rules Committee. He also serves on the Game Fish & Parks, Human Relations & Aging, and Juvenile Justice committees.
Greta Johnson, Proposed changes to Ohio rape statute of limitations don’t go far enough, Columbus.com
/in Ohio /by SOL Reformhttp://www.cleveland.com/opinion/index.ssf/2015/03/proposed_changes_to_ohio_rape.html
Proposed changes to Ohio rape statute of limitations don’t go far enough: Greta Johnson (Opinion) |
Raymond McCloude raped her on April 24, 1994. And, no one believed her. The detective assigned to her case wrote in the report that the case “couldn’t be prosecuted” because the victim was a “crackhead.” It’s no wonder she left the hospital before being examined. No one believed her.
I did.
On Jan. 31, 2008, the morning of trial, McCloude pleaded guilty to rape. There was no DNA evidence linking him to that crime; it was not a cold case sitting on a shelf magically brought to life by new technology. Sadly, he raped another woman and I was one of the prosecutors handling that case. Because another dedicated prosecutor and an amazing detective joined me in the fight for justice, we tracked down the victim and told her three simple words, “we believe you.”
Fourteen years after she was raped, she received the small measure of justice she so desperately deserved.
I spent over a decade as a criminal prosecutor and never understood why rape, an offense I call soul-murder, carries a 20-year statute of limitations. Now, as a legislator, I have an obligation to correct that woeful legal flaw.
I was delighted to hear that other legislators were introducing a bill in both the Senate and the House addressing the issue. And then, I read it. House Bill 6 and Senate Bill 13 aim to extend the statute of limitations 20 additional years on rape only in cases where “DNA implicates an identified person.”
What does that mean? Who will make the determination of “implication?” What’s the standard for “implication?” Does the DNA have to come from the rape kit or can it come from the environment where the crime occurred? When I asked those questions — all of them, there were no answers. Just the echoing response of, “we have to do something and we think this could pass.” It probably will. I have no idea how I will vote.
We need to go further.
This legislation isn’t only empty and devoid of true hope for all victims; it does worse. It creates a second-class victim. It immediately made me think of her, the victim — now, survivor. Her, whose case wouldn’t matter in this new legislation. Sure, we found her within the already existing 20-year limit and we forced the wheels to turn for her. But, what if her champions just found her today? This new legislation tells her that her case “cannot be prosecuted.” This legislation tells her and all other victims whose cases don’t bear DNA fruit, “we don’t believe you.”
Requiring DNA evidence to “implicate an identified person” first requires an entity to make that implication: The detective? A detective isn’t a DNA analyst. They don’t have the training to unlock the science the DNA analyst works through every day. The DNA analyst working for the Attorney General’s Office?
Real life isn’t CSI or Law & Order. The scientists don’t take the stand, hold the evidence in one hand and point at the bad guy with the other and say, “this is his DNA! It was him!” Instead, they use statistics and probability and talk about how often the DNA profile would occur in certain populations. The analysts’ job is science, and to put them in the position of implicating the suspect removes the impartiality required for their job.
The next question is, what will the standard for implication be? DNA profiles that occur one in 6,000? Six million? Six trillion? Where must this evidence come from — the rape kit or the crime scene? When does the “implication” become official and the clock starts to run?
These concerns speak nothing to the rights of the implicated — the alleged rapist. There is a standard in the law called “rational basis.” There must be a rational basis to treat one rapist differently than another. A barely competent defense lawyer could make an argument that, just because there is forensic evidence in his client’s case, his client should be treated no differently than the rapist who committed his offense on video but left no DNA behind.
Lifting the statute of limitations on rape does not mandate a case be prosecuted. It merely gives the prosecutors discretion to advance a case to grand jury. The argument that statutes of limitations are in place because memories fade and evidence diminishes is trite: There is no statute of limitations on aggravated murder. The state of Ohio can put a defendant to death for that within any time frame, no forensic evidence necessary.
I want to lift the statute of limitations on rape. Period. No DNA required. Just good police officers and ethical, determined prosecutors. I believe in them and in our victims. So should the rest of our state legislators. #liftthestatute
Greta Johnson, a former assistant prosecutor for the city of Akron and for Summit County, represents the 35th District, covering part of Akron and the city of Barberton, in the Ohio House.
Fmr. School Worker Pleads Guilty To Child Sex Abuse
/in Minnesota, MN Post Window /by SOL ReformMINNEAPOLIS (WCCO) — A former St. Paul elementary school custodian pleaded guilty Thursday to charges connected to the sexual abuse of several children – including family members – and the invasion of student privacy.
Walter Johann Happel, 63, appeared tired in court Thursday, where he pleading guilty to five charges: one count each of first- and second-degree criminal sexual conduct, one count each of second- and fourth-degree interfamilial sexual abuse and one count of surreptitious invasion of privacy.
Happel will be sentenced to 120 months in prison per his plea deal, according to the Ramsey County Attorney’s office.
The criminal sexual conduct charges relate to instances as far back as 1984, in which Happel sexually abused several children, including his niece, two nephew and a neighbor child.
He admitted to sexually assaulting his 15-year-old nephew on two separate occasions at his home in St. Paul in 1984. Happel also told the judge he sexually abused a boy who lived near his home between 1986 and 1988.
Happel also pleaded guilty to spying on an 11-year-old boy in a student bathroom at Linwood Monroe Arts Plus School in 2014. Several students told investigators Happel would stand next to them at the urinals and stare at their genitals. He also would peek under and over bathroom stalls while students were using the toilets.
Other victims of Happel’s abuse came forward after he was fired for Linwood last year.
Ramsey County Attorney John Choi says he is relieved that Happel took the plea deal, and is finally being held accountable for his crimes — which spanned more than 30 years.
“This plea spares all his victims, especially the young children, the added stress and trauma of having to relieve those experiences by testifying in court,” Choi said.
Prosecutors said all other charges against Happel will be dismissed with this plea agreement. Happel’s son had also claimed to be a victim of his sexual abuse from age 4 to his early teens, but the attorney’s office said many of the allegations weren’t included in charges because of the statute of limitations.
Two St. Paul Public School administrators were charged last summer for allegedly failing to report accusations from students to authorities.
Happel worked for the district for almost 30 years.
Per the plea agreement, he will officially be sentenced on May 7.
Idaho Alert: Danger to Children
/in Idaho /by SOL ReformIdaho residents should contact their personal Representative AND click link below
Federal judge confirms plan that settles hundreds of Montana clergy sex abuse claims., Fox News
/in Montana /by SOL Reformhttp://www.foxnews.com/us/2015/03/04/federal-judge-confirms-plan-that-settles-hundreds-montana-clergy-sex-abuse/
View as PDF: Federal judge confirms plan that settles hundreds of Montana clergy sex abuse claims. | Fox News
BILLINGS, Mont. – Hundreds of victims of clergy sex abuse that spanned decades in Montana stand to receive payments totaling about $20 million, after a federal judge on Wednesday confirmed the bankruptcy reorganization plan for the Roman Catholic Diocese of Helena.
U.S. Bankruptcy Judge Terry Myers approved the plan during an hour-long court hearing in Coeur d’Alene, Idaho, in which representatives of both victims and the diocese voiced their support.
More than 360 abuse claims will now go through an adjudication process to determine final payment amounts. Each allowed claim will receive a minimum of $2,500, and attorneys involved in the case said only a handful of the claims are considered dubious.
A $920,000 trust will be established for victims who come forward in the future.
The diocese filed for bankruptcy last year to resolve abuse claims that prompted lawsuits in state court from two groups of victims in 2011.
The majority of abuse occurred at the hands of Jesuit priests at the Ursuline Academy and the St. Ignatius Mission, both in St. Ignatius, Montana. The abuse ranged from rape and fondling, to perpetrators taking sexual photographs of children. It began in the 1930s and continued through the 1970s, according to court documents.
The average age of the victims at the time of abuse was 10 years old.
“Nothing will take away what happened,” said Molly Howard, an attorney for the victims. “For our clients, it’s recognition that the church has accepted what occurred, and they’ve been validated in terms of (the church) believing what happened.”
About half the claimants are women, and most are now between 50 and 69 years old, according to court documents.
The vast majority of victims supported the diocese’s bankruptcy reorganization proposal in a vote on the plan that ended last week, according to court documents and attorneys. Most payments to victims are expected to be distributed by mid-April, according to attorneys in the case.
Bishop George Leo Thomas said during Wednesday’s hearing that it took courage for the victims to come forward. He added that the diocese has suffered “profound sorrow” over the revelations of abuse.
“The victims and survivors in our Diocese of Helena are believed and deeply respected,” Thomas said.
As part of the settlements of victims’ claims and to guard against future abuse, the diocese also agreed to training and background checks for clergy, lay leaders and church volunteers and to conduct psychological screening of seminarians.
The diocese will post on its website the names of all known past and present perpetrators who are identified in sexual abuse claims or in the lawsuits. A disclosure statement filed in the case listed 22 perpetrators by their full names and another 20 whose first or last names aren’t known.
Some of those steps had been taken voluntarily by the diocese before Wednesday. But because they were included in the bankruptcy, confirmation of the plan means they are now enforceable by court order, said attorney Jim Stang, who represented the victims and other creditors in the case.
In approving the settlement and confirming the diocese’s reorganization plan, the bankruptcy judge commended both sides for negotiating a deal that allowed them to avoid years of costly and acrimonious litigation, as seen in other clergy sex abuse cases across the U.S.
“That’s a singular achievement,” Myers said.
Insurers for the diocese will contribute $14.4 million to a trust set up for payments to victims. The diocese also has asked for court approval to take out a $3.5 million loan. Of that amount, $2 million would go to the trust and to cover administrative and operating expenses.
As part of a second settlement, $4.45 million will be contributed by the Ursuline Sisters of the Western Province to settle claims over abuse at its boarding school in St. Ignatius.
Only one church property with operations on it — the Legendary Lodge south of Seeley Lake — was sold as part of the bankruptcy, Helena Diocese spokesman Dan Bartleson said. He added that the church was able to lease the lodge from its new owner, The Foundation for the Diocese of Helena, and will continue to run a summer camp program on the site.