From Deseret News archives:
Statute has run out, church says of brothers' abuse suit
"There have been violations of trust and principles at a tremendous number of levels," said Matthew McNulty, attorney for the Catholic Diocese of Salt Lake City during oral arguments Wednesday. But three attorneys for the church said under Utah law, the statute of limitations is four years from the time the two brothers turned 18, meaning they had until they were 22 to complain to someone within the church or hire an attorney, neither of which was done.
Ralph Louis Colosimo, now 52, and Charles Matthew Colosimo, now 44, charged they were repeatedly sexually abused by former priest James Rapp between 1970 and '75. But the brothers didn't take action until 2003, when they filed an $80 million lawsuit against the Catholic Diocese of Salt Lake City, the school's board of trustees, the Archdiocese of San Francisco and the Oblates of St. Francis de Sales, the order Rapp belonged to.
Had the brothers inquired about Rapp's behavior, Keller said, there is evidence that they would have "met with a stone wall" from the school and church.
Keller points to letters written by a school counselor and Judge Memorial's principal that show they knew about Rapp's behavior but did not seem willing to do anything because it would look bad in a community dominated by another religion, Keller said. As to the issue of the statute of limitations, Keller called it a "legal technicality" in this case.
Attorney for the church Russell Fericks argued the clock on the statute of limitations started ticking at the time of the actual abuse. Fericks also took issue with the notion that had the brothers asked they would have been met with concealment when the fact is they never did ask. "These gentlemen were aware that something was seriously wrong," Fericks said.
Comments
- Kobe's decade: On top at start, end 9:25 a.m.
- Pope will write letter on abuse 9:24 a.m.
- ACC well-represented in College Cup 9:20 a.m.
- Climate draft has gaping holes 9:12 a.m.
- Raich wins World Cup super combi 9:11 a.m.
- Stocks rise on retail sales data 8:52 a.m.
- Detained Americans face deportation 8:31 a.m.
- 19 Turkish miners dead in collapse 8:29 a.m.
- Airbus' hulking A400M flies 8:26 a.m.
- Ice climber dies in Mont. avalanche 7:45 a.m.
- Disappearance called 'sususpicious'
- Defense witness goes on offensive
- Nude bathers cited for lewdness
- LDS to emphasize helping needy
- Few details on missing W.V. mom
- Unga might enter NFL draft
- Jazz manage a magical win
- BCS = power conference monopoly
- 5 officers lose their certification
- Phoenix temple inspires thanks
- Letters: Global warming a lie
256 - TCU to play Boise in Fiesta Bowl
206 - BYU football: Bronco weighs in on Hall
193 - Palin signs books, chats with fans
166 - Utah/BYU rivalry can be more civil
151 - Cougars going back to Vegas
150 - Andersen apologizes for Jordan hoax
142 - Nude bathers cited for lewdness
127 - Max Hall wants to look ahead
126 - Jazz fall apart late at L.A.
110
David Rankin, one of Utah's youngest and ablest astrophotographers has...
There was a time when free shipping was rare. This holiday season, you...
Love him or hate him, Utah Sen. Orrin Hatch knows how to get attention.
The point to be made is that these lowly teams get up for the Jazz, for...
Look what happens when Jerry decides to tear himself away from his...
Demo Dave | 1:35 a.m. Where was it "demonstrated" in a controled test...
The only problem with the theory that she just left, to get away...is that...
Obviusly you care enough to read the article and take the time to post on...
Why does the LDS Church needed to be reminded of this? Aren't the members...
World War history was one of my favorite classes back in my college days. I...
Who can blame him. How many pro careers have been ended in college?
Ksl's website said that a neighbor talked with her husband and the husband...
RE: soccer fan | 1:37 a.m. Nov. 14, 2009 Get a grip dude...or better yet...



You can be the first to comment on this story.