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
- Dem health coalition survives deal 10:10 a.m.
- Obama directs $600M for health 10:07 a.m.
- Stocks turn mixed 10:06 a.m.
- EPA chief on U.S. regulating CO2 10:00 a.m.
- Storm pounds Midwest, New England 9:56 a.m.
- Geithner: bailout program extended 9:50 a.m.
- Panel passes college playoff bill 9:39 a.m.
- Bolt rewrites the record book 9:10 a.m.
- AT&T: Tighter cell-data control ahead 9:04 a.m.
- Iraqi PM: Patience after bombings 9:01 a.m.
- Snow brings big chill
- Expert calls Mitchell delusional
- Andersen apologizes for Jordan hoax
- Yet again, we learn BCS is a big joke
- BYU football: Bronco weighs in on Hall
- Hot Rod behind mic for Lakers
- Ranking the bowl games
- Cougars in better mood about bowl
- Five players miss Jazz practice
- Cougars use depth to beat ASU
- Y. profs: Beck not all-knowing
279 - Letters: Global warming a lie
219 - TCU to play Boise in Fiesta Bowl
206 - BYU football: Bronco weighs in on Hall
171 - Cougars going back to Vegas
150 - Utah/BYU rivalry can be more civil
143 - George lost in rivalry hatefest
120 - Andersen apologizes for Jordan hoax
118 - Ed Smart 'appalled' at testimony
99 - Revive full food tax?
96
My wife Lisa and I would prefer never to argue. But that's not going to...
For the latest news in the health care debate and how it affects you...
"Let's see, Glenn Beck denounces unconstitution activities by Congress (such...
Why is everybody so sure that TCU is right up there with the best teams?...
It's not rocket science to figure out why Americans are turning away from the...
Max could very well make it in the NFL...there's always room for another T....
WXN | 1:48 a.m. When are you going to grow up? I'm 50, and when I think...
I have to agree with "Really?" in that I don't see how this is any of...
Your point is moot. Of course seniors don't want to let go of their...
"There is no climate change. There is no climate change. Corporations have no...
AT&T said this last year. Being in New York city...of all places...and not...
And we all know that all truth can only come out of BYU. What arrogance! If I...



You can be the first to comment on this story.