Friday, February 22, 2008

Calvert Hall College High School fights extension of statute of limitation



MARYLAND
The Jeffersonian

Catholics fight bill on abuse

Calvert Hall on e-mail campaign

by Bryan P. Sears
February 21, 2008


A bill that would extend the statute of limitations on sexual abuse
lawsuits is drawing opposition from the head of Calvert Hall College high
school.

Del. Eric Bromwell, a Democrat, is sponsoring a bill that would give
people alleging sexual abuse more time for filing lawsuits.

Opposing the bill is Brother Benedict Oliver, the president of Calvert
Hall, which has not been immune to the allegations of child sexual abuse
that have hit

the Catholic Church nationwide.

Bromwell, who graduated from Calvert Hall in 1994, said people who are
abused "should be able to seek justice."

The bill does not target any religious institution, but Bromwell, who
represents the 8th District, including Perry Hall, Parkville and Overlea,
said the only

open opposition has come from Catholic organizations and institutions,
including Calvert Hall.

Bromwell said he has nothing but positive feelings about his time at the
school.

"I love my experience at Calvert Hall and encourage young people to
attend," he said. "But there were people there when I was who were
convicted of

abuse. I knew people who were abused at Calvert Hall."

Bromwell co-sponsored a similar bill three years ago. The lead sponsor of
that measure has since retired and Bromwell said he wanted to continue to

champion the issue.

Under current law, alleged victims have seven years from the day they turn
18 years old to file a civil suit charging sexual abuse.

Bromwell's bill would extend the deadline to 32 years or age 50.

Additionally, other alleged victims, regardless of age, would have until
Dec. 31, 2009, to file a certificate of merit with the court. The
certificate would have

to include a statement from the alleged victim's attorney and a
psychiatrist or psychologist who reviewed the case and concluded there was
a reasonable

cause for filing the suit.

The bill would also cap damages at $1 million plus legal expenses.

Oliver has e-mailed several former and current Calvert Hall students about
the bill. He did not return a call from a reporter seeking comment.

About a month ago, Oliver and a lobbyist for the Archdiocese of Baltimore
met with Bromwell and asked him not to sponsor the bill, the delegate
said.

Shortly after that meeting, the e-mail campaign began. In one such
message, Oliver encouraged recipients to call Bromwell and Democratic Sen.
Jim

Brochin, who represents the Towson area, and ask them not to sponsor such
a bill.

Oliver wrote that Bromwell and Brochin believe "that the resulting
multiple lawsuits will provide justice to the victims."

Brochin, who has sponsored many sex abuse-related bills since he was
elected in 2002, said he was not going to sponsor a bill to lengthen the
statute of

limitations -- but not because of lobbying from Calvert Hall students and
alumni.

Brochin said he was asked by the bill's supporters to not cross-file it in
the Senate in order to test how much support the bill would receive in the
House.

"I support the bill and would vote for it if it makes it to the Senate,"
said Brochin, adding that a few people had contacted his office to ask him
not to

sponsor such legislation.

Oliver, in his e-mail, wrote that "attempts to provide justice, compassion
and healing to individuals actually and allegedly abused by employees of
the

Archdiocese of Baltimore and/or Calvert Hall have already been made."

Oliver wrote that each victim has received apologies from both the school
and the "highest administrators of the archdiocese."

He added that victims were "offered, and several have accepted, funding
for unlimited counseling by a professional of their choosing."

Oliver said that victims also were offered arbitration with a non-Catholic
judge to arrive at financial settlements that included the payment of the
victim's

legal fees.

It is not clear how many victims there are or how many accepted such
offers.

In 2006, Jerome Toohey, a former priest and head chaplain at Calvert Hall,
was convicted of sexually abusing two boys including Thomas Roberts, an

anchor for CNN. Normally, newspapers to not publish the names of sexual
abuse victims, but Roberts and the other victim, Michael Goles, spoke
publicly

about their cases.

Toohey, 61, of Lutherville, was sentenced to 5 years in jail with all but
18 months suspended.

Roberts said the sentence brought him a sense of relief.

"I'm at peace," he said at the time. "People can learn. To live in the
truth is really nice."

Oliver, in his e-mail, wrote that lengthening the time for filing lawsuits
alleging sexual abuse could have dire financial consequences for the
school.

"Because insurance coverage at the time of the abuse (at least 15 years
ago) was typically limited, Calvert Hall could not now absorb the costs of
multiple

lawsuits and jury-awarded damages," Oliver wrote.

"Besides raising tuition beyond usual percentages, Calvert Hall
undoubtedly would have to reduce or eliminate tuition assistance and
curtail or eliminate

some academic and extracurricular programs. Such measures would result in
a severe, perhaps fatal, decline in enrollment," Oliver added.

Bromwell said he has been the focus of comments in sermons at area
Catholic churches and the issue has tested his faith.

"It's been very difficult over the last three years," he said. "I've heard
from victims about how much this would help. I've heard from opponents
that this does

nothing to help victims and does nothing to protect kids. In this
scenario, I'm going to have to listen to the victims."

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