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Related: About this forumWhen is a priest not a priest? When he's molesting a child, diocese says in defense of lawsuit
The Burlington County man sat in the gallery of the Delaware Supreme Court, watching as a lawyer for the Diocese of Trenton told the justices that the Rev. Terence McAlinden was not "on duty" or serving in his capacity as a priest when he allegedly molested Naples on trips to Delaware in the 1980s.
McAlinden, who once headed the dioceses youth group, had introduced himself to Naples at a church-sponsored leadership retreat in Keyport. Hed heard his confession, included him in private Masses and discussed matters of spirituality with him.
Yet McAlinden wasnt officially a priest when he took a teenage Naples to Delaware, the lawyer argued.
How do we determine when a priest is and is not on duty? one of the justices asked, according to a video of the session on the courts website.
Well, replied the diocese lawyer, you can determine a priest is not on duty when he is molesting a child, for example. ... A priest abusing a child is absolutely contrary to the pursuit of his masters business, to the work of a diocese.
http://www.nj.com/news/index.ssf/2014/06/when_is_a_priest_not_a_priest_when_hes_molesting_a_child_diocese_says_in_defense_of_lawsuit.html
Just when you thought the RCC could not sink any lower.
Goblinmonger
(22,340 posts)Nicely played.
If it wasn't the RCC doing this tactic, I'm sure all progressives would call this an asshole move.
And cue the "it's what they lawyer is saying and not the church" in 3..2..1..
trotsky
(49,533 posts)Or the fact that there will be defenders of it here.
Iggo
(47,552 posts)Bravo!
Act_of_Reparation
(9,116 posts)rug
(82,333 posts)cleanhippie
(19,705 posts)I'm sure they will see the light and realize that the church has no responsibility to these children whatsoever.
rug
(82,333 posts)AtheistCrusader
(33,982 posts)Archdiocese of Milwaukee.33 In Voe #2, Plaintiff asserted an agency relationship
existed between moving defendants and Brother David Nickerson (Nickerson) and,
based on this relationship, moving defendants should be held accountable for
Nickersons alleged tortious conduct in Delaware.34 The Court held that Plaintiff
failed to assert facts to establish this relationship because he was not employed by
moving defendants.35 The Court continued its rational and held that even if an
employment relationship existed, Plaintiff failed to show how Nickersons conduct
related to his employment and failed to assert specific facts that moving defendants
McAlinden took Naples across state lines as part of his 'official business', so I think the defendants are cooked here. But we'll see. Usually an entity like a school in a similar situation with a student/teacher, would have to have done something, like ignored complaints, a pattern of complaints, etc, to be found liable.
Edit: Naples alleges they knew so... if true, bad times for the church.
""This has never been about the money," Naples said. "Its about exposing him for the monster that he is, and its about transparency in the diocese. They knew about McAlinden. They could have done something about it. And they did what every other diocese did. They kept it hush-hush and paid behind-the-scenes settlements.""
rug
(82,333 posts)AtheistCrusader
(33,982 posts)I think it will completely hinge on whether they can prove the church was at some point notified of the claims of abuse, observations of suspicious behavior, etc.
rug
(82,333 posts)I do think you're right, though, that it will likely be decided based on what his superiors knew, and when. If they can establish a nexus between the actions and their knowledge, then his superiors indeed will have to answer for the wrongs.
AtheistCrusader
(33,982 posts)"He called it "The Poor Box."
McAlinden kept the 28-foot Bayliner cabin cruiser in Toms River, and to 13-year-old Chris Naples, it seemed pretty cool.
McAlinden offered to take him out on the boat when they met at the weekend leadership retreat in the summer of 1985. The teens mother, divorced and deeply religious, readily agreed, believing a priest would be a positive influence on her son, Naples said.
Nothing sexual happened on that first boat ride, a day trip, Naples said. An overnight trip followed on the Fourth of July. Naples said that day marked the first of hundreds of sexual assaults.
He contends McAlinden abused him at Jeremiah House, on the boat, in the rectory at St. Theresas, at the home of the priests parents in Toms River and on trips Delaware, Connecticut, New York, Atlantic City and the Virgin Islands.
In one instance, a housekeeper who was employed by the church walked into a bedroom while the two had sex, the suit states. Its not clear if she reported what she saw. Other priests knew about Naples frequent sleepovers but said nothing, according to the suit.
One of those priests, the Rev. Thomas Triggs, served as assistant director of the dioceses youth group under McAlinden. He frequently witnessed the teen walking into McAlindens room to spend the night, the suit states. Triggs also accompanied them on some of their trips, Naples said.
Triggs would go on to lead his own parish, St. Marys in Colts Neck. Last year, Trenton Bishop David M. OConnell removed him after The Star-Ledger reported he allowed the Rev. Michael Fugee to interact with the parishs youth group.
"
trotsky
(49,533 posts)But even if they did say something, clearly nothing was done.
Ugh this is just so disgusting and sad.
AtheistCrusader
(33,982 posts)skepticscott
(13,029 posts)are out in force. And others are conspicuously absent and silent.
rug
(82,333 posts)As expected.
I suppose complaining about Pope photo ops gets stale after a while.
Uganda!