Judge in Cambridge agrees to attorney request for more church documents in the case

By Robert O'Neill, Associated Press, 04/17/02

| Complete coverage |  AG'S REPORT Attorney General Thomas F. Reilly released the results of a 16-month investigation into clergy sex abuse in the Boston archdiocese. Download report [PDF, 1.4 MB] (File requires Adobe Acrobat)  TODAY'S GLOBE A new leader reaches out 3 faces in crowd bound in hopeh At BC, students watch with awe O'Malley's homily reveals frank man Near cathedral, voices of protest 'Good priests' moved to tears Text of Archbishop O'Malley's homily Sandwiches, chips were bill of fare An angry protest, and prayers  GRAPHICS The moment of installation Viewer's guide Ceremony TV coverage  Processional O'Malley's vestments O'Malley's coat of arms Cathedral of the Holy Cross  REALVIDEO | NECN.com | Help with video | O'Malley to be installed today Great expectations of O'Malley Video clips require RealPlayer and Windows 98 or higher.  INTERACTIVE FEATURE An interactive timeline of the developing church crisis, featuring photos and audio.   View timeline  IN-DEPTH Boston's new archbishop Bishop Sean Patrick O'Malley has been chosen to succeed Cardinal Law as leader of the archdiocese. Reaction to O'Malley appointment Accused priests are vindicated Three priests have been exonerated after being suspended from their posts over abuse allegations.  CARDINAL BERNARD LAW Coverage of his resignation Career timeline: Priest to cardinal Changing statements on abuse Coverage of his tenure in Boston Photos: Law through the years Boston.com readers' comments  CONTACT SPOTLIGHT If you have information on child abuse by priests, call (617) 929-3208 Or leave a confidential message at this number (617) 929-7483 The Spotlight Team e-mail address is spotlight@globe.com.

CAMBRIDGE, Mass. -- Cardinal Bernard Law will be forced to answer questions about his handling of a priest accused of sexually abusing children in a civil suit deposition scheduled for June 5.

Middlesex Superior Judge Leila Kearns set the date during an evidentiary hearing Wednesday in the case of a man who claims that Law and the Boston Archdiocese failed to protect him from being sexually abused by the Rev. Paul Shanley.

Attorneys for the plaintiffs said they expected the deposition to be made public, and planned to ask Kearns for permission to videotape the proceeding and release that recording to the media. It was not clear whether Law would oppose the deposition being made public.

Law, the most senior church official in the United States, had been scheduled to be deposed in the case of former priest John Geoghan. That deposition was repeatedly rescheduled, but that case was settled last month.

Also Wednesday, a lawyer for Shanley, Frank Mondano, appeared in court for the first time, joining the archdiocese to argue that medical records sought by an attorney for alleged victims of Shanley are confidential. Kearns set a May 1 hearing on that issue.

Kearns rejected a motion by archdiocese attorney Wilson Rogers Jr. to dismiss the suit on constitutional grounds of separation between church and state.

"I'm very sorry that it came to this," said Paula Ford, the mother of Gregory Ford, 24, of Newton, who filed suit claiming he was abused by Shanley. "Quite honestly I would have preferred to have not had to fight over this. But there's no way that we're backing down."

Law has been under increasing pressure to resign since about 850 pages in Shanley's personnel files were turned over by the archdiocese to attorney Roderick MacLeish on April 4. The documents were released to the press days later.

The documents detailed Shanley's advocacy for sex between men and boys as well as his transfer to several parishes by the archdiocese, despite allegations of child sexual abuse.

But MacLeish, who represents 120 plaintiffs suing priests, the archdiocese and Law, said important documents on Shanley were withheld by the archdiocese.

Those include correspondence between church officials regarding Shanley's medical evaluations and additional allegations of abuse against Shanley, MacLeish said.

MacLeish requested documents referenced in the materials already turned over -- such as a letter written by Law in response to a parishioner who wrote the archdiocese in 1985 regarding Shanley remarks that children are the ones who seduce adults.

Rogers said Wednesday that he wasn't aware such a letter existed.

MacLeish and attorneys for the archdiocese plan to begin negotiations Monday for the release of the additional documents. MacLeish also requested the court secure church documents regarding 11 other archdiocese priests and one Jesuit priest who have been accused of abuse.

Kearns also agreed with news organizations who asked that all the discovery documents in the case be made public. Those documents could be released as soon as Friday, but MacLeish said there likely isn't much new material in addition to the personnel files he already released.

Also on Wednesday, archdiocese spokeswoman Donna Morrissey issued a statement saying Law would not attend Boston College's commencement May 20 "because of his concern that his presence this year would detract from what otherwise would be a joyous occasion for graduates and their families."

As head of the Boston Archdiocese, the cardinal has a standing invitation to offer the benediction at the Catholic university's graduation, said BC spokesman Jack Dunn. Law had attended at least nine commencements since he was appointed to head the archdiocese in 1984.

But Law, who has not appeared in public since Easter Sunday, will be saying Mass at Holy Cross Cathedral on Sunday, Morrissey said.

Law announced Friday that he would stay on as head of the archdiocese despite massive public pressure to resign amid the widening scandal.

In a statement released Tuesday, Law said he met with Pope John Paul II and Vatican officials in the previous days and had raised the possibility of resigning, but had returned to Boston determined to clean up the scandal.

Law and other U.S. cardinals have been summoned to the Vatican next week to discuss the issue of sexual misconduct of priests.

One U.S. cardinal said Wednesday that scandal is not likely to be immediately resolved during next week's meeting.

"The national policies will have to be determined here in the United States," said Cardinal Francis George of the Chicago Archdiocese.

He expects the cardinals will have a productive discussion, but will have to address the matter again at a U.S. meeting in June.

"This single meeting isn't going to be enough," he said.