Jury likely to decide church sex abuse suit

MINEOLA, N.Y. -- The nation's sixth-largest Roman Catholic diocese is headed to trial this week in a $150 million lawsuit accusing church officials of recklessness for employing a youth minister who raped and sodomized teenagers.

But despite its familiar scenario of youths abused by religious leaders, this case is unique: It could be one of the few decided by a jury, rather than a quiet, out-of-court settlement.

The U.S. Conference of Bishops estimates abuse-related costs from lawsuits have exceeded $1.5 billion, the majority out-of-court settlements. Many of the alleged acts took place so long ago their statutes of limitations have expired.

Many cases are settled out of court, in part to prevent details of the alleged abuse from going public, said Steve Rubino, a New Jersey lawyer who has handled hundreds of church sex abuse cases.

"There is a tendency not to want to run that risk," Rubino said.

On Long Island, a grand jury found nearly two dozen cases of abuse going back decades in the Diocese of Rockville Centre, the nation's sixth largest with 1.3 million Catholics in 134 parishes.

The case with opening statements set for today involves Matthew Maiello, who pleaded guilty to rape and sodomy in 2003 and served more than two years in prison. But the real focus is St. Raphael's Church in East Meadow, its pastor, the Rev. Thomas Haggerty, and the Diocese of Rockville Centre.

Concerns about Maiello's activities were raised at a December 1999 meeting with Haggerty, but the matter was dropped and no action taken, the lawsuit contends.

Diocesan spokesman Sean Dolan did not return a telephone call seeking comment. Brian Davey, an attorney representing the pastor, the parish and the diocese, declined to comment on the lawsuit.

"We don't try our cases in the newspaper," he said. "We try in them in the courtroom."

Although named as a defendant, Maiello's attorney, Lawrence Carra, said his client would not contest the allegations and would abide by any verdict.

Dowd said he intends to show videos that Maiello took of his clients having sex with each other and with him. His clients -- both 15 when the abuse began -- have not been identified by The Associated Press because they are victims of sexual assault.

The encounters took place in Maiello's office, the children's choir room, the principal's office at the parish elementary school and in the backstage of the auditorium where the youth group gave musical performances, according to the lawsuit.

A Suffolk County grand jury report in early 2003 cited abuse cases involving 23 priests in the Rockville Centre diocese over several decades. The allegations included altar boys being groped and sodomized during church trips, overnights at priests' homes, and many other instances when children were left alone with their abusers.

Priests also allegedly showed pornography to youngsters and served them alcohol. The diocese's response was to transfer priests between parishes and to bury details of the abuse, the grand jury said.

Prosecutors said they were prevented from pursuing criminal charges because statutes of limitations had expired long ago. Civil lawsuits were dismissed, or never filed, for the same reason, according to victims advocates.