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[an error occurred while processing this directive] Lawsuit against monsignor dropped after questions arise over validity of claims

By Denise Lavoie, Associated Press, 09/03/02

   
Paul Edwards today withdrew a lawsuit claiming abuse by Monsignor Michael Smith Foster. (Photo courtesy WHDH-TV)

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BOSTON -- A former altar boy who had alleged that a high-ranking church official molested him in the 1980s withdrew his lawsuit Tuesday, after questions arose about the validity of his claims.

Monsignor Michael Smith Foster, the chief canon lawyer for the Archdiocese of Boston, said he was eager for the archdiocese to reinstate him and help restore his reputation.

He had maintained his innocence since Paul Edwards, 35, first claimed last month in a lawsuit against Foster and the archdiocese that Foster molested him repeatedly when Edwards was a teenager in Newton.

"I am grateful to God that the truth has been revealed," he said at a news conference with his three attorneys. "These false accusations have done harm, not only to me, but also to the true victims of abuse."

Edwards, through his attorney, withdrew his lawsuit Tuesday. The lawsuit was dismissed with prejudice, meaning it cannot be refiled, said Ellen Martin, one of Foster's lawyers.

Last week, Edwards's former lawyer, Eric J. Parker, withdrew from the case saying "issues arose, central to the allegations" by Edwards. A hearing on whether the merits of the lawsuit had been scheduled for Wednesday.

The case renews concerns about a rush to judgement for priests accused of abuse and how the archdiocese investigates such claims.

Attorney Peter Hermes said Foster planned to send a letter to the archdiocese asking that he be reinstated as judicial vicar. Foster also drafted an e-mail to send to fellow canon lawyers saying the lawsuit had been dismissed -- and noting his concerns about the investigation.

"What has happened over these weeks with the church's investigation remains a mystery to me," the e-mail said. "I anxiously await word from the archdiocese of when they plan to reinstate me, and according to their own guidelines, help restore my reputation."

Donna Morrissey, a spokeswoman for the archdiocese, declined to comment on Foster's future.

Church officials have said if an accusation made against a priest turned out to be false, they would take steps to restore the priest's reputation.

"When an allegation is brought forth, we have a process of looking at that allegation, and that's continuing," Morrissey said after Edwards withdrew his lawsuit.

The Rev. Walter Cuenin, pastor of Our Lady Help of Christians in Newton, said he hopes this case will prompt the archdiocese to clarify its procedures.

"No one can even answer the question of what the procedure is once an accusation is made," Cuenin said. "Here's a major priest falsely accused and having to go through all this -- this may be the kind of situation that will give a little impetus to the diocese to do something in this matter."

Monsignor Dennis Sheehan, pastor of St. Paul's Church in Cambridge and a leader of the Boston Priests Forum, said it is "almost impossible" for an accused priest to restore his reputation.

"Surely withdrawing a lawsuit is not restoring someone's reputation," Sheehan said. "I think the archdiocese needs to go back and clarify what it regards as credible allegations."

"There needs to be due process involved to assure the rights of everyone -- the victim and the priest."

From the beginning, friends of Foster and another priest named in the lawsuit, the late Rev. William Cummings, denounced the claims as implausible.

Edwards claimed Foster molested him repeatedly in his rectory bedroom at Newton's Sacred Heart parish between 1980 and 1985.

But the Rev. John Connolly and three teenagers who worked at the Sacred Heart rectory said there were strict rules in place that would have prevented Edwards from spending any significant time in Foster's bedroom without being observed.

Edwards had also claimed that Cummings, now deceased, had raped him during an overnight trip to New York City with the Catholic Youth Organization at Our Lady Help of Christians Parish of Newton in 1982.

But adults and chaperones who went on the 1982 CYO trip said the annual trip was a day trip with no hotel or overnight stay. Also, archdiocesan records indicate Cummings was not assigned to the Our Lady parish until 1983.



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