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  Talks Continue in Sex Abuse Suit
Planned Hearing Has Been Delayed

By Paul A. Long
Cincinnati Post [Covington KY]
April 19, 2005

A hearing planned for today on a class-action lawsuit claiming the Diocese of Covington covered up decades of sexual abuse by priests has been delayed as both sides continue negotiations to achieve an out-of-court settlement.

After a hearing last month, Special Judge John Potter ordered both sides back to the bargaining table, and indicated that he may take a more active role in settlement talks unless both parties moved toward an agreement.

He told them to return to court today to update him on the status of the talks.

But on Monday, Potter signed an order delaying that hearing until May 20.

The order did not give any specifics.

A trial date has been postponed twice in the case.

Neither attorney has commented on the talks, citing an agreement to keep them secret.

The key claim in the lawsuit is that bishops knew that priests and other employees of the diocese were sexually assaulting children, teenagers and others, but allowed it to happen and then helped cover it up.

The diocese denies the cover-up claim and maintains it was simply handling the situation according to the dictates of the times.

More recently, it said it wanted to reach individual settlements with victims. It has, paying out some $15 million to more than 50 victims.

A number of attorneys, including Cincinnatian Stan Chesley, filed the lawsuit in Boone Circuit Court in February 2003, alleging dozens of priests abused hundreds of children and teenager.

Before he retired, Circuit Judge Jay Bamberger agreed to make it a class-action lawsuit, believed to be the first such designation in the country for a lawsuit alleging sexual abuse by priests.

Settlement talks began in earnest in May 2004 when both parties agreed to hire Kenneth Feinberg to mediate their talks.

Feinberg, a nationally known mediator who was master of the September 11 Victim Compensation Fund, also has helped mediate cases involving Agent Orange, silicone breast implants, asbestos, tobacco and nuclear facilities.

But he apparently dropped out of the talks at one point earlier this year, leading Judge Potter to order the parties to either bring him back or hire another mediator.

He also told the diocese to bring representatives of both its insurance carriers to the next settlement negotiations. Both sides should have a "representative authorized to settle," he said.

Because neither side is talking, it's unclear whether additional talks have been held or just planned.