Diocese Ordered by Judge to Identify Sexual Abuse Victims

The Covington settlement was designed to end several years of litigation amid deepening recriminations about the behavior of priests in dozens of Kentucky counties. About 350 men and women have presented evidence that they were abused between the 1950s and 1990s.

Victims, many now in their sixties and seventies, have come forward. They are expected to receive $5,000 to $1 million each, with amounts of more than $450,000 reserved for individuals seriously and repeatedly abused.

Cases are reviewed by two special masters: former E.W. Scripps Co. chairman William R. Burleigh and former chief U.S. district judge Thomas D. Lambros.

Before the diocese pledged $84 million to settle the class action, it had paid $10.8 million to settle 58 previous cases.

"Whatever is the worst sexual abuse you can think of, it occurred," Chesley said. "I'm not going to get into the gory details, but you name it, it happened. Unfortunately, some of it happened over a long period of time."

An August 2003 report ordered by Bishop Roger J. Foys found "reasonable cause to believe" that, in the previous half-century, 30 of 372 priests in the Covington diocese had sexually abused at least one minor. The diocese tracked 158 allegations, including 67 against a single priest.

In the intervening years, nine of the priests died, four were removed from the priesthood and 17 were shifted from active duty, according to the report, which was sent to the 89,000 Roman Catholics in the diocese. Foys apologized, asked for forgiveness, and announced that priests and others who work with children would undergo background checks.

Attorneys for the victims contend in court documents that Potter has no authority to make demands that go beyond the settlement agreement. They also maintain that he signed off on a critical confidentiality pledge that was delivered to class-action members and was published and broadcast widely.

The notice, intended to spread the word around the region and the nation, said the court "has ordered the parties to keep the identity of Class Members confidential to the extent reasonably possible," and says, "Names of Class Members are not currently a matter of public record."

If prosecutors file a case against an abuser, the attorneys believe, the victim's identity will become public.

William F. McMurry, who negotiated a settlement with Louisville's Roman Catholic archdiocese on behalf of 243 victims, said Potter has considerable discretion. He believes the lawyers made a confidentiality promise that was beyond their ability to deliver.

"Judge Potter is no stranger to doing things his own way," McMurry said. "Every lawyer should know when they make promises to their client, they've got to preface that comment with a statement that the court has the supreme authority to make the decision."

To some plaintiffs, however, the promise of anonymity was crucial to their participation, and they believe it should be irrevocable.

"I guarantee you, I would never have come forward unless I knew there was going to be extreme privacy in this matter," said the Chesley client, now in his late thirties, who was abused in parochial school.

"I have clients. I have colleagues. If my name were to be put out in some public record to where any Tom, Dick or Harry could access my records, it would severely tarnish my career.

"And," he added, "I definitely don't want my kids to know about this."